450.05  OPERATION OF ORVS WITHIN CITY LIMITS OF THE CITY OF BATTLE CREEK.
   The following shall apply to all ORV operation within the city pursuant to this chapter:
   (a)   It is lawful to operate an ORV with the flow of traffic on the far right of the maintained portion of a City street located in a residential neighborhood as defined in this chapter. ORVs shall come to a complete stop before proceeding, at right angles, across any City street. ORVs shall yield the right-of-way to motor vehicles and pedestrians.
   (b)   It is lawful to operate an ORV that is not a commercial snow removal vehicle over any public sidewalk in a residential neighborhood for the removal of snow or ice, or to reach a segment of a public sidewalk in a residential neighborhood for the removal of snow or ice, for which a person has requested snow or ice removal on the sidewalks in front of or adjacent to their residential premises. ORVs shall yield the right-of-way to motor vehicles entering or exiting a driveway and all pedestrian traffic on the sidewalk.
   (c)   It is lawful for city employees or city contractors to operate a city-owned ORV for any purposes within the scope of city operations.
   (d)   Except as may be specifically permitted under the terms of a Special Event Permit issued by the City pursuant to Chapter 815, a person shall not operate an ORV on any public sidewalk for snow or ice removal purposes, or on any street for any purpose:
      (1)   Before the 1st of October or after the 1st of May; or
      (2)   Before 6 a.m. or after 10 p.m.
   (e)   All persons removing snow under this chapter shall comply with the following:
      (1)   Snow must not be deposited and spread onto City streets or other portions of the public sidewalk;
      (2)   Snow shall not be deposited so as to obstruct fire hydrants or mailboxes;
      (3)   Snow shall not be deposited so as to create any visual obstruction which would impair the safe use of City streets or sidewalks;
      (4)   The ORV must be operated with at least one flashing, rotating or oscillating yellow or amber light that is clearly visible in a 360-degree arc from a distance of 500 feet; and
      (5)   An ORV must not be used for the removal of snow or ice from a sidewalk where it will damage or is likely to damage the sidewalk.
   (f)   An ORV may not be operated for any purpose under this Chapter:
      (1)   At a speed greater than 25 miles per hour or a lower posted ORV speed limit, or a rate of speed greater than what is reasonable and proper under the existing conditions;
      (2)   Against the flow of traffic;
      (3)   In a manner that interferes with traffic on the City street or pedestrian use of a sidewalk, or that is otherwise careless under the existing conditions;
      (4)   Without displaying a lighted headlight and lighted taillight;
      (5)   Without a crash helmet and protective eyewear that are approved by the United States department of transportation, unless the person is wearing a properly adjusted and fastened safety belt and the ORV is equipped with a roof that meets or exceeds United States Department of Transportation standards for a crash helmet;
      (6)   By a person under the age of 12;
      (7)   By a person under the age of 18 unless the person is in possession of a valid driver’s license or under the direct supervision of a parent or guardian and the person has in his or her immediate possession a Michigan issued ORV safety certificate or a comparable ORV safety certificate issued under the authority of another state or a province of Canada.
      (8)   If the ORV is registered as a motor vehicle under the Michigan Vehicle Code and is either more than 60 inches wide or has three wheels, unless the person possesses a valid driver’s license;
      (9)   While towing or carrying any person in a sled, toboggan or any other similar device;
      (10)   In a manner that would violate or conflict with the general ORV use restrictions or requirements provided under state law, including but not limited to, M.C.L. A. Sec. 324.81133, including all mechanical and emission requirements.
(Ord. 08-2014.  Passed 10-21-14; Ord. 08-2018.  Passed 9-18-18.)