For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CITY. The city of Croswell.
DRIVER'S LICENSE. An operator's or chauffeur's license or permit issued to an individual by the Secretary of State under Chapter III of the Michigan Vehicle Code, Public Act 300 of 1949, being M.C.L.A. §§ 257.301 to 257.329, for that individual to operate a vehicle, whether or not conditions are attached to the license or permit.
MAINTAINED PORTION. That portion of a road or street improved, designated, or ordinarily used for vehicular traffic.
OPERATE. To ride in or on, and be in actual physical control of, the operation of an ORV.
OPERATOR. A person who operates or is in actual physical control of the operation of an ORV.
ORV. a motor driven off-road recreation vehicle capable of cross-country travel without benefit of a road or trail, on or immediately over land, snow, ice, marsh, swampland, or other natural terrain. ORV or VEHICLE includes but is not limited to a multi-track or multi-wheel drive vehicle, an ATV, motorcycle or related two-wheel, three-wheel, or four-wheel vehicle, an amphibious machine, a ground effect air cushion vehicle, or other means of transportation deriving motive power from a source other than muscle or wind. ORV or VEHICLE does not include a registered snowmobile, a farm vehicle being used for farming, a vehicle used for military, fire, emergency, or law enforcement purposes, a vehicle owned and operated by a utility company or an oil or gas company when performing maintenance on its facilities or on property over which it has an easement, a construction or logging vehicle used in performance of its common function, or a registered aircraft.
ROAD. A county primary road or county local road as described in § 5 of Public Act 51 of 1951, being M.C.L.A. § 247.655. ROAD does not include a private road.
ROAD COMMISSION. The Board of County Road Commissioners for Sanilac County.
SAFETY CERTIFICATE. A certificate issued pursuant to Public Act 451 of 1994, as amended, being M.C.L.A. § 324.81129, or a comparable ORV safety certificate issued under the authority of another state or a province of Canada.
STREET. A city major street or local street as described in § 9 Public Act 51 of 1951, being M.C.L.A. § 247.659.
VISUAL SUPERVISION. The direct observation of the operator with the unaided or normally corrected eye, where the observer is able to come to the immediate aid of the operator.
(Ord. 317, eff. 7-22-10)
An ORV shall be operated on the far right of the maintained portion of a street within the city with these exceptions:
(A) All state trunk line roads.
(B) All county primary (asphalt) roads, Howard Avenue from Seltzer Road to M-90; however, allowing ingress and egress to a destination, not to exceed one mile, or first secondary road.
(C) Provided, however, that in the event that either the Road Commission has closed certain road(s) to ORV use, pursuant to M.C.L.A. § 324.81131(4), operation otherwise permitted under this chapter shall not be considered authorized, with respect to such closed road(s).
(D) This chapter is not intended to authorize the operation of an ORV on a street or highway which is a state trunk line highway.
(Ord. 317, eff. 7-22-10) Penalty, see § 74.99
An ORV shall not be operated on the road surface, roadway, shoulder, or right-of-way of any state or federal highway in the city.
(Ord. 317, eff. 7-22-10) Penalty, see § 74.99
Except as set forth herein or otherwise provided by law, an ORV meeting all of the following conditions may be operated on a road or street in the city:
(A) At a speed of no more than 25 miles per hour or a lower posted ORV speed limit if such lower speed limit be established.
(B) By a person not less than 12 years of age.
(C) With the flow of traffic.
(D) In a manner which does not interfere with traffic on the road or street.
(E) Traveling single file except when overtaking and passing another ORV.
(F) When visibility is not substantially reduced due to weather conditions.
(G) While displaying a lighted headlight and lighted taillight at all hours.
(H) While the operator and each passenger is wearing a crash helmet and protective eye-wear approved by the United States Department of Transportation unless the vehicle is equipped with a roof, or roll bar(s), or windshield that meets or exceeds standards for a crash helmet and the operator and each passenger is wearing a properly adjusted and fastened seat belt.
(I) With a throttle so designed that when the pressure used to advance the throttle is removed, the engine speed will immediately and automatically return to idle.
(J) While the ORV is equipped with a spark arrester type United States Forest Service approved muffler in good working order and in constant operation.
(K) Pursuant to noise emission standards defined by law.
(L) For the purpose of obtaining access to recognized off-road trails, and for the operator to purchase retail goods and services in conjunction with the legal operations of an ORV, may, by the most direct route available, utilize the public roads and street located in the city and in so doing, travel in the most direct perpendicular manner available.
(M) No ORV will be permitted to drive on the city streets or roads before 5:00 am or after 10:00 pm.
(Ord. 317, eff. 7-22-10) Penalty, see § 74.99
A child that is at least 12 years of age but less than 16 years of age shall not operate an ORV on a road or street in the city, unless the child is under the direct visual supervision of an adult and the child 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.
(Ord. 317, eff. 7-22-10) Penalty, see § 74.99
Unless a person possesses a valid driver's license, a person shall not operate an ORV on a road or street in the city if the ORV is registered as a motor vehicle and is either more than 60 inches wide or has three wheels.
(Ord. 317, eff. 7-22-10) Penalty, see § 74.99
The Board of County Road Commissioners, a County Board of Commissioners, and the county and the city is immune from tort liability for injuries or damages sustained by any person arising in any way out of the operation or use of an ORV on maintained or unmaintained roads, streets, shoulders, and rights-of-way over which the Board of County Road Commissioners, the County Board of Commissioners, or the city has jurisdiction.
(Ord. 317, eff. 7-22-10)
In a court action in this state, if competent evidence demonstrates that a vehicle that is permitted to operate on a road or street pursuant to the code was in a collision with an ORV required to be operated on the far right of the maintained portion of a road or street pursuant to this chapter, the operator of the ORV shall be considered prima facie negligent.
(Ord. 317, eff. 7-22-10)
(A) The City Treasurer shall deposit all fines and damages collected under this chapter into a fund to be designated as the ORV Fund.
(B) The City Council shall appropriate revenue in the ORV fund as follows:
(1) 50% to the County Road Commission for repairing damage to roads and the environment that may have been caused by ORVs, and for posting signs indicating ORV speed limits or indicating whether roads are opened or closed to the operation of ORVs.
(2) 50% to the city for ORV enforcement and training.
(Ord. 317, eff. 7-22-10)
(A) Any person who violates this chapter is guilty of a municipal civil infraction and may be ordered to pay a civil fine of not more that $500.
(B) A court may order a person who causes damage to the environment, a road, or other property as a result of the operation of an ORV to pay full restitution for that damage above and beyond the penalties paid for civil fines.
(Ord. 317, eff. 7-22-10)