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As used in this chapter, the following definitions shall apply:
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, 1949 PA 300, 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.
FAR RIGHT OF THE MAINTAINED PORTION OF THE COUNTY ROAD. Indicates the shoulder of the road when the roadway is improved by pavement, tar and chips, concrete, or other similar material or indicated the extreme right of the open portion of the right-of-way when the roadway is not improved by pavement, tar and chips, concrete or other similar materials.
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 recreational 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 multitrack or multi-wheel vehicle, an ATV, a motorcycle or related 2-wheel, 3-wheel, or 4-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 or COUNTY ROAD. A county primary road or local road as described in section 5 of 1951 PA 51, being M.C.L.A. 247.655.
SAFETY CERTIFICATE. A certificate issued pursuant to 1994 PA 451 as amended, M.C.L.A. 324.81129, or a comparable ORV safety certificate issued under the authority of another state or a province of Canada.
VISUAL SUPERVISION. The direct observation of the operator with the unaided or normally corrected eye, where the observer is able to come to the aid of the operator.
(Ord. 59-003-2020, passed 10-20-2020)
An ORV may be operated only with the flow of traffic on the far right of the maintained portion of the county roads or local roads as described in Section 5 of 1951 PA 51, M.C.L.A. 247.655; provided that:
(A) A person shall not operate an ORV at a speed greater than 25 miles per hour, or lower if posted, and in no event shall an ORV be operated in a manner that interferes with traffic on a road or street or at a speed greater than conditions allow.
(B) A person possesses a license as defined in Section 25 of the Michigan Vehicle Code, Act 300, Michigan Public Acts of 1949; M.C.L.A. 257.25.
(C) Any ORV operated in the allowed portion of the road shall travel single file, except when passing or being overtaken by another ORV.
(D) A person shall not operate an ORV on roads described herein unless displaying a lit headlight and lit taillight.
(E) No person under the age of 18 may operate an ORV on roads described herein, unless that 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 an ORV safety certificate issued pursuant to Part 811 of the Act (M.C.L.A. 324.81131 et seq.), or a comparable certificate issued under the authority of another state, or a province of Canada.
(F) No person under the age of 12 may operate an ORV on any road described herein.
(G) Any person and any passenger in or on the ORV shall wear on his or her head a crash helmet and protective eyewear approved by the United States Department of Transportation. This division does not apply if the vehicle is equipped with a windshield and a roof or roll bar that meets or exceeds standards for a crash helmet and the operator and each passenger is wearing a properly adjusted and fastened safety belt.
(H) Any ORV operated on a right-of-way shall be fitted 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.
(I) The ORV is equipped with a spark arrester type United States Forest Service approved muffler in good working order and in constant operation.
(J) The ORV is equipped with a braking system that may be operated by hand or foot, capable of producing declaration at 14 feet per second on level ground at a speed of 20 miles per hour; a brake light, brighter than a taillight, visible when the brake is activated to the rear of the vehicle when the vehicle is operated during the hours of 1/2 hour after sunset and 1/2 hour before sunrise.
(K) The ORV is operated pursuant to noise emission standards defined by law.
(L) The ORV shall not be operated on any state trunk line right-of-way or on any street within the township unless allowed by township ordinance.
(Ord. 59-003-2020, passed 10-20-2020) Penalty, see § 92.99
All revenue derived from enforcement of this chapter shall be deposited into the ORV fund, as described in section 5.2 of the Genesee County Off-Road Vehicle Ordinance, and shall be distributed consistent with the authorizing statute, M.C.L.A. 324.81131, as amended, as follows:
(A) Fifty percent to the Montrose Township Police Department for ORV enforcement and training.
(B) Fifty percent to the County Road Commission. This revenue shall be used for repairing damage to streets, county roads, or highways and the environment that may have been caused by ORVs and for posting signs indicating ORV speed limits or indicating whether streets, county roads, or highways are open or closed to the operation of ORVs under this section.
(Ord. 59-003-2020, passed 10-20-2020)
A person who violates this chapter shall be responsible for a civil infraction, and shall pay a fine of up to $500, and in addition may be charged with and ordered to pay the cost of full restitution for damages to the environment, a road, or other property resulting from that persons operation of an ORV.
(Ord. 59-003-2020, passed 10-20-2020)