[HISTORY: Adopted by the Township Board of the Charter Township
of Huron 12-13-1972 by Ord. No.
73-1 (Part 65 of the 1995 Compilation of Ordinances).
Amendments noted where applicable.]
This chapter shall hereafter be known and cited as the "Snowmobile
Regulation Ordinance" of the Township of Huron.
The purpose of this chapter is to regulate and control the operation
and use of snowmobiles within said Township for the protection of
the health, safety and general welfare of the residents, property
owners, visitors and others within said Township and is adopted under
the authority of Michigan Public Act No. 246 of 1945 and Act No. 58
of 1995, MCLA § 324.82101 et seq., as both such acts have
been amended to the date of the adoption of this chapter.
The following terms, when used in this chapter, shall have the
following meanings:
Any person engaged in the sale, lease or rental of snowmobiles
as a regular business.
The entire width between the boundary lines of every way
publicly maintained where any part thereof is open to the use of the
public for purposes of vehicular travel.
To ride in or on and to be in actual physical control of
the operation of the snowmobile.
Any person who operates or is in actual physical control
of a snowmobile.
Any of the following:
A person who holds the legal title to a snowmobile.
A vendee or lessee of the snowmobile which is the subject of
an agreement for the conditional sale or lease thereof with the right
of purchase upon performance of the conditions stated in the agreement
and with an immediate right of possession vested in the conditional
vendee or lessee.
A person renting a snowmobile or having the exclusive use of
a snowmobile for more than 30 days.
An individual, partnership, corporation, the state or any
of its agencies or subdivisions, and any body of persons, whether
incorporated or not.
That portion of a highway less the roadway and any shoulder.
That portion of a highway improved, designated or ordinarily
used for vehicular travel. If a highway includes two or more separate
roadways, the term "roadway" refers to any such roadway separately,
but not to all such roadways collectively.
That portion of a highway on either side of the roadway which
is normally snowplowed for the safety and convenience of vehicular
traffic.
Any motor-driven vehicle designed for travel primarily on
snow or ice of a type which utilizes sled-type runners or skis, or
an endless belt tread or any combination with the surface upon which
it is operated. It is not a vehicle which must be registered under
Act No. 300 of the Public Acts of 1949, as amended, being Sections
257.1 to 257.923 of the Compiled Laws of 1948.
No person shall operate and no owner or dealer shall permit
the operation of any snowmobile under the following conditions, circumstances
or at the following locations:
A.
Upon a public highway, land used as an airport or street, or on a
public or private parking lot not specifically designed for the use
of snowmobiles, except under the following conditions and circumstances:
(1)
A person may operate a snowmobile on the right-of-way of a public
highway, except a limited-access highway, if it is operated at the
extreme right of the open portion of the right-of-way and with the
flow of traffic on the highway.
(2)
A person may operate a snowmobile on the roadway or shoulder when
necessary to cross a bridge or culvert if the snowmobile is brought
to a complete stop before entering onto the roadway or shoulder and
the driver yields the right-of-way to any approaching vehicle on the
highway.
(3)
A person may operate a snowmobile when it is impracticable to gain
immediate access to an area adjacent to a public highway on the right-of-way
adjacent and parallel to the roadway for the sole purpose of gaining
access to and from the area of operation by the most direct route.
Loading or unloading of the snowmobile shall be accomplished with
due regard to safety of the nearest possible point to the area of
operation.
(4)
A person may operate a snowmobile across a public highway other than
a limited-access highway at right angles to the highway for the purpose
of getting from one area to the other when the operation can be done
in safety and another vehicle is not crossing the highway at the same
time in the same general area. Such person shall bring his snowmobile
to a complete stop before proceeding across any public highway and
shall yield the right-of-way to all oncoming traffic.
(5)
A person may operate a snowmobile on a highway in a country road
system, which in not normally snowplowed for vehicular traffic, and
on any snowplowed highway in the county road system which is designated
and marked for snowmobile use by the county road commission having
jurisdiction.
(6)
The supervisor, any police officer or ordinance or law enforcement
officer may authorize the use of a snowmobile on a public highway
or street when an emergency occurs and conventional motor vehicles
cannot be used for transportation due to snow or other extreme highway
conditions.
(7)
A person may operate a snowmobile on a street or highway for a special
event of limited duration, conducted according to a prearranged schedule,
if he or she first obtains a permit from the Township Board which
shall only be granted if said Board is of the opinion that the same
can be operated in a safe, nondestructive manner and without thereby
creating a nuisance or hazard to person or property.
B.
On private property not owned, leased or under the control of the
operator unless the operator has the express consent of the owner,
lessee, or other person in control of said property, except in the
case of any emergency when other means of travel are not feasible
or possible.
C.
On public school grounds, parks, playgrounds, recreational areas,
golf courses and other public lands (other than state-owned lands
where such operation is authorized by statute) without the express
consent of the public authority in charge of such lands or premises,
except where such operation is absolutely necessary in an emergency
when other means of travel are not feasible or possible.
D.
At a speed greater than is reasonable and proper, having due regard
for conditions then existing.
E.
While under the influence of intoxicating liquor or narcotic drugs,
barbital or any derivative of barbital.
F.
During the hours from one-half hour after sunset to one-half hour
before sunrise without displaying a lighted headlight and a lighted
taillight.
G.
In any forest nursery, planting area, or public lands posted or reasonably
identifiable as an area of forest reproduction when growing stock
may be damaged or as a natural dedicated area.
H.
On the frozen surface of public waters within 100 feet of a person,
including, but not limited to, a skater, not in or upon a snowmobile,
or within 100 feet of a fishing shanty or shelter, except at the minimum
speed required to maintain forward movement of the snowmobile or on
an area which has been cleared of snow for skating purposes unless
the area is necessary for access to the frozen public water.
I.
Unless the snowmobile is equipped with a muffler in good working
order and in constant operation from which noise emission at 50 feet
at right angles from the vehicle path under full throttle does not
exceed 86 dBA (decibels on the "A" scale) on a sound meter having
characteristics defined by American Standards Association SI, 4-1966
"General Purpose Sound Meter."
J.
Within 100 feet of a dwelling between 12:00 midnight and 6:00 a.m.,
at a speed greater than minimum required to maintain forward movement
of the snowmobile.
K.
In or upon premises which are fenced, otherwise enclosed in a manner
to exclude intruders, posted in a conspicuous manner or when notice
against trespass is personally communicated to the operator by the
owner of the premises or other authorized persons.
L.
In any area on which public hunting is permitted during the season
open to the taking of deer with firearms from 7:00 a.m. to 11:00 a.m.
and from 2:00 p.m. to 5:00 p.m., except during an emergency, for lawful
enforcement purposes, to go to and from a permanent residence or a
hunting camp otherwise inaccessible by a conventional wheeled vehicle
or for the conduct of necessary work functions involving land and
timber survey, communication and transmission line patrol and timber
harvest operations or on the operator's own property or property
under his control or as an invited guest of an owner or persons in
control of said property.
M.
While transporting thereon a bow, unless unstrung, or a firearm,
unless securely encased or equipped with and made inoperative by a
manufactured keylocked trigger housing mechanism.
N.
On or across a cemetery or burial ground.
O.
Within 100 feet of a slide, ski or skating area, except for the purpose
of servicing the area or for medical emergencies.
P.
On a railroad or a railroad right-of-way, except for railroad, public
utility or law enforcement personnel while in the performance of their
duties.
Q.
Unless it has at least one headlight, one taillight and adequate
brakes capable of stopping the snowmobile on packed snow, carrying
an operator weighing 175 pounds or more in not more than 40 feet from
an initial steady speed of 20 miles per hour or unless it has operable
mechanisms capable of locking the snowmobile's traction belt
or belts.
R.
At any time for use in hunting, pursuing, worrying or killing a wild
bird or animal.
S.
Operators of a snowmobile shall comply with the following conditions,
limitations and restrictions with respect to age:
(1)
No person under the age of 12 shall operate a snowmobile except under
the direct supervision of an adult and when on land owned or under
the control of such adult.
(2)
No person between the age of 12 and 16 may operate a snowmobile unless
such operator is under the direct supervision of a person who is 21
years of age or older; or unless the operator has in his immediate
possession a snowmobile safety certificate issued pursuant to state
law; or is operating the same upon land owned or under the control
of the operator's parent or legal guardian.[1]
(3)
No person under the age of 12 years of age shall operate a snowmobile
across a highway or street. No person between the ages of 12 years
and 16 years shall operate a snowmobile across a highway or street
unless the operator has a valid snowmobile safety certificate issued
to the operator pursuant to the laws of the State of Michigan.
(4)
Any person who operates a snowmobile who is less than 16 years of
age in violation of this chapter shall, upon reporting of such violation
to the Director of Natural Resources of the State of Michigan by any
judge of a juvenile court (after trial or acceptance of plea of guilty),
have his snowmobile safety certificate forthwith suspended by said
Director.
(5)
No owner of a snowmobile nor parent or legal guardian of a person
under the age of 16 shall permit the use of a snowmobile by such person
in violation of this chapter.
Any police officer, peace officer or ordinance enforcement officer
of the Township is authorized to issue appearance tickets for violations
of this chapter pursuant to Sections 9A to 9E of Chapter 4 of Act
No. 175 of the Public Acts of Michigan for 1927, as amended, being
Section 764.9a to 764.9e of the Compiled Laws of 1948. In any proceedings
involving a violation of this Act, the registration number displayed
on a snowmobile shall constitute prima facie evidence that the owner
of said snowmobile was the person operating the same at the time of
the offense.
A.
Any violation of this chapter shall constitute a misdemeanor and
any person, firm or corporation found guilty of such violation shall
be fined in the discretion of the court up to $500 or imprisoned in
the county jail for up to 90 days or both. Each day that a violation
continues to exist shall constitute a separate offense.
B.
Any person guilty of a violation of this chapter shall also be subject
to civil proceedings for damages and/or injunctive relief by the Township
or any person, firm, or corporation injured or damaged by such violation.
C.
Both criminal and civil proceedings may be commenced against a person
violating this chapter and commencement of any proceedings shall not
constitute an election of remedies preventing the commencement of
the other proceedings against such violator.
