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Except as otherwise permitted under this chapter, no person shall:
(A) Operate an ATV/ORV or golf cart on any sidewalk or shoulder of the road within the village;
(B) Operate an ATV/ORV or golf cart on the CIS Trail; and
(C) Operate a golf cart on village streets during the time period from one half hour before sunset to one-half hour after sunrise.
(Ord. 2015-105, passed 10-5-2015)
(A) A person may operate an ATV/ORV on the far right of the maintained portion of the roadway on all streets within the village, except as prohibited under § 73.03 above.
(B) When operating an ATV/ORV as authorized under this chapter, the operator shall comply with all of the following regulations:
(1) The operator shall be a person 12 years of age or older;
(2) The operator and any passenger shall wear a crash helmet and protective eyewear approved by the United States Department of Transportation, unless an ATV/ORV is equipped with a roof that meets or exceeds the standards for a crash helmet and the operator and any passenger wear a properly adjusted and fastened seatbelt. Not more than two persons shall be permitted to ride on an ATV/ORV;
(3) If the operator is a person 12 years of age or older, but less than 16 years of age, then the operator shall be under the direct visual supervision of a parent or guardian and shall have in his or her immediate possession a safety certificate;
(4) If the operator is a person 16 years of age or older, but less than 18 years of age, then the operator shall have in his or her immediate possession a valid driver's license or a valid official state personal identification card and a safety certificate or he or she shall be under the direct visual supervision of a parent or guardian and shall have in his or her immediate possession a safety certificate;
(5) If the operator is a person 18 years of age or older, then the operator shall have in his or her immediate possession a valid driver's license or a valid official state personal identification card;
(6) If an ATV/ORV is a three-wheeled ATV, then the operator shall be a person 16 years of age or older (all other requirements under this chapter shall also apply);
(7) If an ATV/ORV is registered as a motor vehicle and is either more than 60 inches wide or has three wheels, then the operator shall have in his or her immediate possession a valid driver's license;
(8) An ATV/ORV shall not be operated at a speed greater than 25 miles per hour or at a speed greater than any posted speed limit. Notwithstanding the foregoing, an ATV/ORV shall be operated at a safe speed for the conditions existing at the time of the operation;
(9) An ATV/ORV shall be operated with the flow of traffic on the street and shall observe and obey all applicable village ordinances and state traffic laws;
(10) An ATV/ORV shall be operated in a manner that does not interfere with vehicular or pedestrian traffic on any street;
(11) An ATV/ORV shall at all times shall be equipped with a muffler in good working order and in constant operation to prevent excessive or unusual noise and annoying smoke. No ATV/ORV operated within the village limits shall have the baffles of its muffler removed, destroyed or damaged, nor shall any ATV/ORV operated within the village have a muffler cutout, bypass or similar device; and
(12) An ATV/ORV shall at all times be operated displaying a lighted headlight and lighted taillight.
(Ord. 2015-105, passed 10-5-2015)
(A) A person may operate a golf cart on the far right of the maintained portion of the roadway on all streets in the village, except as prohibited under § 73.03 above.
(B) When operating a golf cart as authorized by this chapter, the operator shall comply with all the following regulations:
(1) The operator of the golf cart must be at least 16 years old and possess a valid drivers license;
(2) A golf cart shall comply with the signal requirements of Section 648 of the Michigan Vehicle Code, P.A. 300 of 1949, as amended, M.C.L.A. § 257.648, that apply to the operation of a vehicle;
(3) A golf cart shall be operated at a speed not to exceed 15 miles per hour and shall not be operated on a street with a speed limit of more than 30 miles per hour except to cross M-21. Notwithstanding the foregoing, a golf cart shall be operated at a safe speed for the conditions existing at the time of the operation;
(4) A person operating a golf cart shall ride as near to the right side of the roadway a practicable, exercising due care when passing standing vehicle or one proceeding in the same direction. A golf cart shall be operated with the flow of traffic on the street and shall observe and obey all applicable village ordinances and state traffic laws. A golf cart shall be operated in a manner that does not interfere with vehicular or pedestrian traffic on any street; and
(5) A person shall operate a golf cart according to § 657a of the Michigan Vehicle Code, P.A. 300 of 1949, as amended, M.C.L.A. § 257.657a, when operating a golf cart within the Village of Pewamo.
(Ord. 2015-105, passed 10-5-2015)
(A) A person shall not operate an ATV/ORV or golf cart while under the influence of alcoholic liquor; a controlled substance as defined under P.A. 368 of 1978, as amended, M.C.L.A. §§ 333.1101 et seq.; or a combination of alcoholic liquor and a controlled substance.
(B) The owner or person in charge or control of an ATV/ORV or golf cart shall not authorize or knowingly permit the ATV/ORV or golf cart to be operated by a person who is under the influence of alcoholic liquor; a controlled substance as defined under P.A. 368 of 1978, as amended, M.C.L.A. §§ 333.1101 et seq.; or a combination of alcoholic liquor and a controlled substance.
(C) A violation of this section shall be punishable as a misdemeanor under the village code of ordinances.
(Ord. 2015-105, passed 10-5-2015)
Nothing contained within this chapter shall be construed to relieve a person of the duties and obligations imposed under state law or the rules and regulations imposed by the Michigan Department of Natural Resources or the Michigan State Police.
(Ord. 2015-105, passed 10-5-2015)
(A) Except as otherwise provided under § 73.06, a person who violates any provision of this chapter shall be responsible for a municipal civil infraction as defined in P.A. 12 of 1994, amending P.A. 236 of 1961, being M.C.L.A. §§ 600.101 through 600.9939, and shall be subject to a civil fine of not more than $500.
(B) In addition to the fine specified in division (A) above, the court may order a person who causes damage to the environment, a street, or other property as a result of the operation of an ATV/ORV or golf cart, to pay full restitution for that damage.
(C) The Village Treasurer shall deposit all fines and damages received by the village from the courts under this chapter into the general fund.
(Ord. 2015-105, passed 10-5-2015)