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, Public Act 300 of 1949, being M.C.L. §§ 257.301 to 257.329, for that individual to operate a vehicle, whether or not conditions are attached to the license or permit.
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 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 motor 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 village primary road or village local road as described in § 5 of Public Act 51 of 1951, being M.C.L. § 247.655.
SAFETY CERTIFICATE. A certificate issued pursuant to Public Act 451 of 1994, as amended, being M.C.L. § 324.81129, or a comparable ORV safety certificate issued under the authority of another state or a province of Canada.
VILLAGE. The Village of Sebewaing, Huron County, Michigan.
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. passed 3-2-2015)
An ORV may not be operated on the road surface, roadway, shoulder, or right-of-way of any state highway in the village.
(Ord. passed 3-2-2015) Penalty, see § 77.99
Except as set forth herein or otherwise provided by law, an ORV meeting all of the following conditions may be operated on a road in the village:
(A) At a speed of no more than 25 miles per hour or a lower posted ORV speed limit.
(B) By a person not less than 14 years of age who has a safety permit and is in the presence of a licensed adult.
(C) With the flow of traffic on the far right of the maintained portion of the road.
(D) In a manner that does not interfere with traffic on the road.
(E) Traveling single file, except when overtaking and passing another ORV.
(F) While displaying a lighted headlight and lighted taillight at all hours.
(G) While the operator and each passenger is wearing a crash helmet and protective eyewear approved by the United States Department of Transportation, unless the vehicle is equipped with a roof that meets or exceeds standards for a crash helmet, and the operator and each passenger is wearing a properly adjusted and fastened seat belt, with the exception of a golf cart. On a golf cart, any person under the age of 16 must wear a properly adjusted and fastened seat belt.
(H) Unless equipped with a braking system that may be operated by hand or foot, capable of producing deceleration at 14 feet per second on a level ground at a speed of 20 miles per hour; a brake light, brighter than the taillight, visible when the brake is activated to the rear of the vehicle, when the vehicle is operated during the hours of two hours after sunset and two hours before sunrise; and 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) While the ORV is equipped with a spark-arrester-type, United States Forest Service-approved muffler in good working order and in constant operation.
(J) Pursuant to noise emission standards defined by law.
(Ord. passed 3-2-2015) Penalty, see § 77.99
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