STATE OF MICHIGAN COUNTY OF MASON TOWNSHIP OF HAMLIN ORV ORDINANCE

Similar documents
September 12,2011 State of Michigan County of Mason Township of Victory Orv Ordinance

STATE OF MICHIGAN COUNTY. ORV ORDINANCE No. 24 AMENDMENT 2/10/16

OSCODA COUNTY ORV ORDINANCE NO

STATE OF MICHIGAN COUNTY OF GLADWIN ORV ORDINANCE ORDINANCE NO. 22

STATE OF MICHIGAN COUNTY OF ANTRIM ORV ORDINANCE Ordinance # Ordinance #02 of 2009 by Larry Bargy, seconded by Bernard Blackmore

STATE OF MICHIGAN COUNTY OF BENZIE THIRD AMENDED ORV ORDINANCE ORDINANCE NO

ARTICLE TWENTY TWO ( 22 ) ORV ORDINANCE

SANILAC COUNTY ORDAINS:

AN ORDINANCE ADOPTED FOR THE PURPOSE OF AUTHORIZING AND REGULATING THE OPERATION OF OFF ROAD VEHICLES

OFF ROAD VEHICLE OPERATION VILLAGE OF CHESANING, SAGINAW COUNTY, MICHIGAN ORDINANCE NO PREAMBLE

EDDY COUNTY, NEW MEXICO ORDINANCE NO. O-18-95

DRAFT FERRY COUNTY ORDINANCE NO OFF ROAD VEHICLE USE

CHAPTER 375 Snowmobiles, Off-Highway Motorcycles and All Purpose Vehicles

Ordinance No

CHAPTER 74: SNOWMOBILES AND ALL TERRAIN VEHICLES

CHAPTER 11 SNOWMOBILES AND ALL-TERRAIN VEHICLES SNOWMOBILE AND ALL-TERRAIN VEHICLE REGULATIONS

Montana Off-Highway Vehicle Equipment and Operator Laws

ORDINANCE NO WHEREAS, the Town of Odessa Town Council continues to strive for the economic benefit of the Town;

ORDINANCE Regulations Regarding Off-Road Utility Vehicles on Secondary Roads

2019 Title V: LAKE CARROLL RULES AND REGULATIONS Excerpt: ROADWAY USEAGE ATV/UTV/GOLF CARTS. Excerpt: ALL-TERRAIN VEHICLES TRAIL.

Chapter 4. All-Terrain Vehicles and Off-Road Motor Vehicle Operation

Amended Ordinance All-Terrain Vehicle/Utility Terrain Vehicle Route(s) and Regulation of All-Terrain Vehicle Operation

Chapter XVI SNOWMOBILE CODE

CITY OF NEW BALTIMORE MACOMB COUNTY, MICHIGAN NOTICE OF ADOPTION ORDINANCE NO. 175

Article 7: Motorized Carts

City of Richmond Golf Cart Ordinance Frequently Asked Questions ( p. 1-2) & Rules (p. 3-5)

Article 7: Motorized Carts

RALEIGH COUNTY ALL-TERRAIN VEHICLES (ATV) ORDINANCE

Bicycle and Pedestrian Plan 2040

CITY OF DODGE CENTER ATV Ordinance:

ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 75 ALL-TERRAIN VEHICLES AND SNOWMOBILES

CHAPTER 75 ALL- TERRAIN VEHICLES, OFF-ROAD UTILITY VEHICLES AND SNOWMOBILES

TITLE VII: TRAFFIC CODE 70. TRAFFIC REGULATIONS 72. PARKING REGULATIONS

CHAPTER 4 SNOWMOBILES. The Commissioner of Conservation acting directly or through his/her authorized agent.

ORDINANCE AMENDING TITLE VII: TRAFFIC CODE OF THE CODE OF ORDINANCES TO PERMIT AND REGULATE THE OPERATION OF GOLF CARTS ON PUBLIC STREETS

Bill ORDINANCE

VILLAGE OF PALESTINE, ILLINOIS ORDINANCE NO O- /O

ARTICLE VI. (ALL-TERRAIN VEHICLES AND UTILITY TYPE VEHICLES)

CHAPTER 14 TRAFFIC CODE THE MINNESOTA HIGHWAY TRAFFIC REGULATION ACT.

Chapter Traffic and Parking. Section 600 Traffic and Parking. Section 605 Snowmobiles and Recreational Vehicles

BOARD OF SUPERVISORS EAST FALLOWFIELD TOWNSHIP CHESTER COUNTY, PENNSYLVANIA ORDINANCE NO

Be it enacted by the City Council of the City of Cascade, Iowa that the Cascade Code of Ordinances is amended as follows:

Ordinance /11/2017

The following definitions shall apply in the interpretation of this article:

TOWAMENSING TRAILS PROPERTY OWNERS ASSOCIATION 2014 RECREATIONAL VEHICLE REGULATIONS

We recommend you keep a copy of this ordinance with you while you are off-roading.

City of Ely Golf Cart/ATV Registration

APPLICATION FOR USE OF GOLF CART AND UTILITY-TERRAIN VEHICLE. Owner s Name: Physical Address: Mailing Address: Phone #: Driver s License #:

Ramsey, Minnesota, Code of Ordinances >> PART II - CODE OF ORDINANCES >> Chapter 54 - TRAFFIC AND VEHICLES >> ARTICLE IV. - RECREATIONAL VEHICLES >>

PORTER TOWNSHIP CASS COUNTY, MICHIGAN PUBLIC WORKS SECTION PART 60 SEPTAGE RECEIVING ORDINANCE ORDINANCE #

ALL-TERRAIN VEHICLES, OFF ROAD UTILITY VEHICLES, SNOWMOBILES AND GOLF CARTS

Chapter 70 TRAFFIC AND VEHICLES*

TRAFFIC CONTROL REGULATIONS

Chapter 17 TRAFFIC AND VEHICLES. Adoption of Uniform Rules of the Road. Temporary Traffic Regulations.

Chapter 44 GOLF CARTS Purpose Definitions Licensing and Registration Operating Regulations Penalty

Title 10 VEHICLES AND TRAFFIC. Chapters:

Frazeysburg Police Department

Legislative Council, State of Michigan Courtesy of

Texas Department ofpublic Safety - Courtesy, Service, Protection. Page 2 of7. CHAPTER 663.

ORDINANCE TOWN OF ALBANY. Revised 8/19/03 GREEN COUNTY WISCONSIN

THE CORPORATION OF THE CITY OF KAWARTHA LAKES OFFICE CONSOLIDATION OF BY-LAW

ELKO COUNTY, NEVADA TITLE 8 ATV / UTV / ROV COUNTY and PUBLIC ROAD USE ORDINANCE

ORDINANCE NO. 38. Self Propelled Motor Vehicles

TOWAMENSING TRAILS PROPERTY OWNERS ASSOCIATION RECREATIONAL VEHICLE REGULATIONS

THE CORPORATION OF THE TOWNSHIP OF MIDDLESEX CENTRE BY-LAW NUMBER


BYLAW 1047/04 BYLAW REGULATING THE OPERATION OF OFF HIGHWAY VEHICLES WITHIN STURGEON COUNTY STURGEON COUNTY, MORINVILLE, ALBERTA

PUBLIC CHAPTER NO. 790

THE CORPORATION OF THE TOWNSHIP OF GUELPH/ERAMOSA BY-LAW

SMOKY LAKE COUNTY IN THE PROVINCE OF ALBERTA BYLAW NO

Alley or alleyway means any street with a roadway of less than 20 feet in width.

STATE OF NEW JERSEY. SENATE, No th LEGISLATURE

CHAPTER XIV. TRAFFIC ARTICLE 1. STANDARD TRAFFIC ORDINANCE

VILLAGE OF TOLONO CHAMPAIGN COUNTY, ILLINOIS ORDINANCE NO O- 5 AN ORDINANCE AMENDING THE TOLONO MUNICIPAL CODE TO REGULATE GOLF CARTS

As Introduced. 132nd General Assembly Regular Session S. B. No

ORDINANCE NO AN ORDINANCE AUTHORIZING AND REGULATING THE OPERATION OF GOLF CARTS IN THE CITY OF NEW CASTLE, HENRY COUNTY, INDIANA

TITLE 15 MOTOR VEHICLES, TRAFFIC AND PARKING 1 CHAPTER 1 MISCELLANEOUS

ALL-TERRAIN VEHICLES,, OFF ROAD UTILITY VEHICLES, SNOWMOBILES AND GOLF CARTS

Referred to Committee on Transportation. SUMMARY Revises provisions governing motor vehicles and off-highway vehicles.

Ordinance No. 1624(16) An Ordinance of the City Council of the City of Lompoc, County of Santa Barbara, State of California, Regulating Shopping Carts

FRIPP ISLAND Rules & Regulations

CHAPTER REGULATING SPECIAL VEHICLES.

THE COUNTY BOARD OF SUPERVISORS OF THE COUNTY OF DOUGLAS DOES ORDAIN AS FOLLOWS:

CHAPTER 1-7 ARTICLE V AN ORDINANCE PERMITTING AND REGULATING THE OPERATION OF GOLF CARTS ON PUBLIC STREETS

MOTORIZED CART ORDINANCE

Ordinance 215 ORDIANCE 215 REPLACES IN ENTIRETY ORDIANCE 134

SENATE, No STATE OF NEW JERSEY. 211th LEGISLATURE INTRODUCED MAY 12, 2005

CHAPTER 8. TRAFFIC REGULATIONS

GENERAL PROVISIONS BLOCKING INTERSECTIONS OR MARKED SIDEWALKS.

CLARKSVILLE PARKING AUTHORITY REGULATIONS

Chapter 257 VEHICLES AND APPLIANCES, ABANDONED AND JUNKED

CITY OF LYNN In City Council

ORDINANCE NO. _. The City finds and declares the following:

ANN ARBOR CITY NOTICE ORDINANCE NO. ORD OFF STREET PARKING CHAPTER 59

DRAFT CITY OF LONSDALE NEW PROPOSED ORDINANCE CHAPTER 73: MOTORIZED GOLF CARTS

ORDINANCE NO. O-6-10

an Cl&rbinanct of tbt ctettp of JMcJAeesport

AVE MARIA STEWARDSHIP COMMUNITY DISTRICT

2008 LEGISLATIVE SESSION UPDATE TO 2007 OFF-HIGHWAY VEHICLE AND SNOWMOBILE LAW BOOK. Minnesota Department of Natural Resources Enforcement Division

OFF HIGHWAY VEHICLE OPERATION

Transcription:

STATE OF MICHIGAN COUNTY OF MASON TOWNSHIP OF HAMLIN ORV ORDINANCE An Ordinance authorizing and regulating the operating of Off Road Vehicles (ORV S) on county primary and county local roads in Hamlin Township, Mason County, providing penalties for the violation thereof, and for the distribution of fines and costs resulting from those penalties pursuant to 2008 PA 240, MCL 324.81131. THE TOWNSHIP OF HAMLIN ORDAINS: 1. Definitions: A. Township means the Township of Hamlin, Mason County. B. County means Mason County. C. Drivers License means 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, MCL 257.301 to 257.329, for that individual to operate a vehicle, whether or not conditions are attached to the license or permit. D. Maintained Portion means that portion of a road improved, designated or ordinarily used for vehicular traffic, including the gravel shoulder or paved shoulder of the road. E. Operate means to ride in or on, and be in actual physical control of the operation of an ORV. F. Operator means a person who operates or is in actual physical control of the operation of an ORV. G. ORV means 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, 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. 1

H. Road means a County primary road or county local road as described in Section 5 of 1951 PA 51, MCL 247.655. I. Road Commission means the Board of County Road Commissions for the County of Mason. J. Safety Certificate means a certificate issued pursuant to 1994 PA 451 as amended, MCL 324.81129, or a comparable ORV safety certificate issued under the authority of another state or a province of Canada. K. Visual Supervision means 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. L. Township Board means the Township Board of Hamlin Township. M. Equestrian or Horse and Rider means an equine animal accompanied by a human being, whether mounted or on foot. N. Pedestrian means a human being on foot. O. Bicyclist or Bicycle Rider means a human being riding or walking a vehicle moved by human peddle power regardless of the number of wheels. 2. Operation of ORV S on County Roads: An individual may operate an ORV on a road within Hamlin Township provided that the ORV is operated only with the flow of traffic, on the far right of the maintained portion of the Road, subject to the following additional regulations. A. A person shall not operate an ORV at a speed greater than 25 miles per hour, or a lower posted ORV speed limit or in a manner that interferes with the traffic on the road. B. ORV S shall travel in single file, except when passing or being passed by another ORV. C. All ORV S operating must have a lighted headlight and taillight and working brake light. D. Unless a person possesses a drivers license, a Person shall NOT operate an ORV on a road if the ORV is registered as a motor vehicle under the Michigan Vehicles Code and the ORV is either more than 62 inches wide or has three wheels. 2

E. A person under the age of 12 shall not operate an ORV on a Road; nor shall a person under the age of 18 operate an ORV on a Road unless the person is in possession of a valid driver s license, or is under the direct supervision of a parent or guardian who possesses a valid driver s license, or the person has in his/her possession an ORV Safety Certificate issued by Michigan, another state, or a province of Canada. F. ALL OPERATORS, must, upon demand by a law enforcement officer, present either an ORV Safety Certificate or driver s license. G. An owner or person in charge of an ORV shall not allow an ORV to be operated by an individual who is incompetent to operate a vehicle because of mental or physical disability. H. A child less than 16 years of age shall not operate a 3-wheeled ATV. I. A person shall not operate an ORV at a rate of speed greater than is reasonable and proper, or in a careless manner having undue regard for conditions. J. A person shall not operate or ride on an ORV unless they are wearing on their head a helmet and protective eyewear approved by the United States Department of Transportation. This section does not apply if the vehicle is equipped with a roof that meets or exceeds the standard for a crash helmet and the operator and each passenger is wearing a properly adjusted and fastened safety belt. K. A person shall not operate an ORV without a braking system including a working brake light. L. A person shall not operate an ORV between the hours of 11:00 PM and 6:00 AM. M. No person shall transport a passenger on an ORV unless the manufacturing standards for the vehicle make provisions for transporting passengers. N. All ORV S shall conform to the noise emission levels established by the United States Environmental Protection Agency under the noise control Act of 1972, 42 USC 4901 to 4918. O. No person shall operate an ORV with an opened container of alcohol unless it is in a trunk, separate compartment or is encased or enclosed. P. The ORV is equipped 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. No mechanism for locking the throttle at a set speed shall be installed on the ORV. 3

Q. The ORV is equipped with a spark arrester type United State Forest Service approved muffler in good working order and in constant operation. R. The ORV shall otherwise be operated in full compliance with all applicable provisions of state law, including, but not limited to, Part 811 of the Natural Resources and Environmental Protection Act, MCL 324.81101, et seq. S. An ORV shall not be operated on the road surface, roadway, shoulder or right of way of M-116 in Hamlin Township. T. No person shall operate an ORV on private lands without the written consent of the owner, owner s agent or lessee. The operator of the vehicle is liable for damage to private property. U. No person shall operate an ORV in or on the waters of any stream, river, bog, wetland, swamp, marsh or quagmire except over a bridge, culvert or similar structure. V. No person shall operate an ORV to hunt, pursue, worry, kill, or attempt to hunt, pursue, worry, or kill an animal, whether wild or domesticated. W. No person shall operate an ORV in a manner so as to leave behind litter or other debris or on the frozen surface of public waters within one hundred feet (100 ) of a person not in or upon a vehicle, or within one hundred (100 ) of a fishing shanty or shelter or an area cleared of snow for skating purposes. X. No person shall operate an ORV within one (100 ) feet of a dwelling at a speed greater than the minimum required to maintain controlled forward movement of the vehicle, except on property owned or under the operator s control, on which the operator is an invited guest. Y. No person shall operate an ORV in an area on which public hunting is permitted during the regular November firearm deer season from 7 AM until 11 AM and from 2 PM until 5 PM, except during an emergency or for law enforcement purposes or to go to or from a permanent residence or hunting camp otherwise inaccessible. Z. ORV operators must yield to equestrian, pedestrian and bicycle traffic. 3. No Township Duty to Maintain County Roads: Despite the terms of this Ordinance allowing ORV S to use portions of County Roads, the Township has no duty to, and undertakes no duty to, maintain a road within its boundaries in a condition reasonably safe and convenient for the operation of ORV S. Hamlin Township 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 and unmaintained roads, streets, shoulders, and rights-of-way within the township, except in cases of gross negligence. Gross negligence means conduct so reckless as to demonstrate a substantial lack of concern for injury results. 4

4. Enforcement: A. A violation of this ordinance is a civil infraction, and the guilty party/parties or person/persons shall each pay a fine of not more than $500.00. In addition a court may order the defendant to pay the cost of repairing any damage to the environment, a Road, or public or private property damaged as a result of the violation. B. The Township Treasurer shall deposit fines and damage costs collected under this ordinance and under applicable provisions of the Revised Judicature Act, MCL 600.8379, into a fund designated as the ORV Fund. C. The Township Board shall appropriate revenue in the ORV fund as follows: a. Fifty percent to the Township ORV Fund to be distributed to the Mason County Sheriff s Department or to be distributed to a Township fund to cover the costs of the Township Constable, or both, responsible for ORV enforcement and training. b. Fifty percent to the Mason County Road Commission for repairing damage to roads or streets and the environment that may have been caused by ORV S and for posting signs indicating ORV speed limits or indicating whether roads or streets are open or closed to the operation of ORV S under this ordinance, within Hamlin Township. Effective Date: This Ordinance shall be effective 30 days after it first publication. The ordinance will be reviewed 30 days prior to one year after its effective date to determine its continuation. A public hearing shall be held not more than thirty days nor less than 10 days prior to the expiration of this ordinance. The hearing location, date and time shall be posted on the Township s web site and with all local news organizations at least 10 days prior to the hearing. Such hearing shall gather comments from the public in order to inform the Hamlin Township Board of Trustees of public sentiment and issues occurring from allowing ORV use on public roads. The Hamlin Township Board of Trustees shall vote to extend, or not to extend, this ordinance at the scheduled public hearing. This ordinance is adopted by the Hamlin Township Board on this, the 22 nd day of October, 2012 on the motion of L. Rees, supported by C. Lewis. ROLL CALL: Supervisor: N. Vandervest - Aye Treasurer M.McCarthy - Aye Clerk: C. Lewis - Aye Trustee: L. Rees - Aye Trustee: J. Gurzynski - Aye This Ordinance was published in the Ludington Daily News on Monday, October 29, 2012 and will be effective 30 days from publication. 5