[HISTORY: Adopted by the Township Board of the Charter Township
of Huron 7-24-1985 by Ord. No.
85-4 (Part 66 of the 1995 Compilation of Ordinances).
Amendments noted where applicable.]
This chapter shall hereafter be known and cited as "Recreation
Vehicle Ordinance" of the Charter Township of Huron.
The purpose of this chapter is to regulate and control the operation
and use of recreation vehicles within the 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 Public Act 451 of 1994 (MCLA § 324.81101
et seq.), as amended.
The following terms when used within this chapter shall have
the following meanings:
A person engaged in the sale, lease or rental of an ORV as
a regular business.[1]
A pressure-sensitive adhesive-backed label of size and color
to be determined by the Department of State to indicate the certificate
of registration number awarded the ORV and is valid until the expiration
date shown thereon.
The state department created in MCLA § 324.501.[2]
Hard-surfaced road, gravel or dirt road, fire lane, abandoned
railroad right-of-way, logging road, or a way capable of travel by
a two-wheel or three-wheel vehicle less than 40 inches in width.
The entire width between the boundary lines of a way publicly
maintained when any part thereof is open to the use of the public
for purposes of vehicular travel.
To ride in or on and be in actual physical control of the
operation of an ORV.
A person who operates or is in actual physical control of
the operation of an 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. It includes,
but is not limited to, a multitrack or multiwheel drive or low-pressure-tire
vehicle, a motorcycle or related two-wheel or three-wheel or four-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 construction
or logging vehicle used in performance of its common function, or
a registered aircraft.
Any of the following:
A vendee or lessee of an ORV 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 an ORV, or having the exclusive use of an ORV,
for more than 30 days.
A person who holds legal ownership of the vehicle.
An individual, partnership, corporation, the state or any
of its agencies or subdivisions, or a body of persons, whether incorporated
or not.
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 a roadway separately, but not
to all 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.
A vehicle identification number.
No person shall operate and no owner or dealer shall permit
the operation of any recreation vehicle under the following conditions,
circumstances, or at the following locations:
A.
At a rate of speed greater than is reasonable and proper, or in a
careless manner having due regard for conditions then existing.
B.
While under the influence of intoxicating liquor, a controlled substance
or a combination of intoxicating liquor and controlled substance.
C.
During the hours of one-half hour after sunset to one-half hour before
sunrise without displaying a lighted headlight and lighted taillight.
D.
Unless equipped with a braking system which may be operated by hand
or foot, capable of producing deceleration at 14 feet a second on
level ground at a speed of 20 mile 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 one-half
hour after sunset and one-half hour 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.
E.
In any area in such a manner as to create an erosive condition, or
to injure, damage, or destroy trees or growing crops.
F.
On the frozen surface of public waters within 100 feet of a person
not in or upon a vehicle, or within 100 feet of a fishing shanty or
shelter or an area which is cleared of snow for skating purposes,
except at the minimum speed required to maintain controlled forward
movement of the vehicle, or as may be authorized by permit in special
events.
G.
Unless the vehicle is equipped with a spark arrester-type muffler,
in good working order and in constant operation. Noise emission under
full throttle, at 50 feet at right angles from the vehicle path, shall
not exceed 90 dB(A) on a vehicle manufactured or assembled before
January 1, 1973; 88 dB(A) on a vehicle manufactured or assembled after
December 31, 1972; 86 dB(A) on a vehicle manufactured or assembled
after January 1, 1975, as measured on a sound level meter which meets
the requirements of ANSI SI.4 1971, using procedure and ancillary
equipment therein described. A vehicle subject to this act manufactured
or assembled after February 1, 1976, and used, sold or offered for
sale in this state shall conform to the noise emission levels established
by the Environmental Protection Agency under the Noise Control Act
of 1972, 42 U.S.C. §§ 4901 to 4918, except in an officially
authorized special event.
H.
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 or on which the operator is an invited
guest, or on a roadway, or on an ORV access route as authorized by
local ordinance.
I.
In or upon the lands of another without the written consent of the
owner, the owner's agent or lessee, when required by PA 1995,
No. 58 (MCLA § 324.73101 et seq.). The operator of the vehicle
is liable for damage to private property, including, but not limited
to, damage to trees, shrubs, growing crops, or injury to living creatures
or damage caused through vehicle operation in a manner so as to create
erosive or other ecological damage to private property. The owner
of the private property may recover from the person responsible nominal
damages of not less than the amount of damage or injury. Failure to
post private property or fence or otherwise enclose in a manner to
exclude intruders or for the private property owner or other authorized
person to personally communicate against trespass shall not imply
consent for ORV use.[1]
J.
In an 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 or
for law enforcement purposes, to go to and from a permanent residence
or hunting camp otherwise inaccessible by a conventional wheeled vehicle;
or except for the conduct of necessary work functions involving land
and timber survey, communication and transmission line patrol, and
timber harvest operations; or on property owned or under control of
the operator or on which the operator is an invited guest. A vehicle
registered under Act No. 300 of Public Acts of 1949, as amended,[2] is exempt from this subsection while operating on a public
highway or public or private road capable of sustaining automobile
traffic.
[2]
Editor's Note: See MCLA § 257.1 et seq.
K.
While transporting thereon a bow, unless unstrung or encased, or
a firearm, unless unloaded and securely encased or equipped with and
made inoperative by a manufactured keylocked trigger housing mechanism.
L.
On or across a cemetery or burial ground or land used as an airport.
M.
Within 100 feet of a slide, ski, or skating area, unless the vehicle
is being used for the purpose of servicing the area.
N.
On an operating or nonabandoned railroad or railroad right-of-way,
other than for the purpose of crossing at a clearly established site
intended for vehicular traffic, except railroad, public utility, or
law enforcement personnel while in performance of their duties.
O.
In or upon the waters of any stream, except for the purpose of crossing
the stream over a bridge, culvert, or similar structure or by operating
the vehicle at the minimum speed required to maintain controlled forward
movement of the vehicle and crossing in the most direct manner from
and to an established trail so as to negate erosive damage to the
bed and banks of the stream or river or as may otherwise be authorized
by the Director of the Department of Natural Resources on state-owned
land; or to travel up and down stream in any river or stream unless
of a water depth sufficient to permit flotation of the vehicle at
all times.
P.
To hunt, pursue, worry, kill, or to attempt to hunt, pursue, worry,
or kill a bird or animal, wild or domesticated.
Q.
In a manner so as to leave behind litter or other debris.
R.
In a manner contrary to operating regulations on public lands.
S.
A person shall not operate an ORV which is not registered under Act
No. 300 of the Public Acts of 1949, as amended,[3] upon a public highway, street, or right-of-way thereof,
except as provided in this chapter or under the following conditions
and circumstances:
(1)
The operator of a vehicle may cross a public highway, other than
a limited access highway, at right angles, for the purpose of getting
from one area to another, when the operation can be done in safety.
The operator shall bring the vehicle to a complete stop before proceeding
across a public highway and shall yield the right-of-way to oncoming
traffic.
(2)
A vehicle may be operated on the street or highway for a special
event of limited duration, conducted according to a prearranged schedule,
only under permit upon application and recommendation by the Huron
Township Police Department. A special event involving ORVs may be
conducted on the frozen surface of public waters only under permit
from the Department of Natural Resources.
[3]
Editor's Note: See MCLA § 257.1 et seq.
Operation of ORV by a child under 12, by a person at least 12
but under 16, by an incompetent, or by a person under the influence
of intoxicating liquor or a controlled substance; comprehensive ORV
information, safety education, and training program; course instruction;
ORV safety certificates:
A.
A parent or legal guardian shall not permit a child under the age
of 12 to operate a vehicle without the direct supervision of an adult,
except on land owned by, or under the control of, the parent or legal
guardian.
B.
The owner or person in charge or in control of a vehicle shall not
knowingly permit:
(1)
The vehicle to be operated by a person under the age of 12 without
direct supervision of an adult.
(2)
The vehicle to be operated by a person who is incompetent to operate
the vehicle because of mental or physical disability, or because the
person is under the influence of intoxicating liquor or a controlled
substance as defined by Section 7104 of Act No. 368 of the Public
Acts of 1978, as amended, being Section 333.7104 of the Michigan Compiled
Laws; or a combination of intoxicating liquor and a controlled substance.
C.
A person who is at least 12 but less than 16 years of age may operate
an ORV if that person satisfies any of the following:
(1)
Is under the direct supervision of a person who is 18 years of age
or older.
(2)
Is on land owned or under the control of a parent or legal guardian.
(3)
Has in immediate possession an ORV safety certificate issued pursuant
to the requirements of the State of Michigan.
(4)
Possesses an ORV safety certificate issued under the authority of
another state or province of Canada.
E.
Notwithstanding any provisions of this section, an operator who is
under 12 years of age shall not cross a highway or street. An operator
who is at least 12 years of age but less than 16 years of age may
cross a highway or street or operate on the right-of-way or shoulder
of designated access routes if the operator has a valid ORV safety
certificate in immediate possession.
A.
Any police officer or ordinance officer of the Township if authorized
to issue appearance tickets may issue appearance tickets for violations
of this chapter, pursuant to Sections 9a to 9g of Chapter 4 of Act
No. 175 of the Public Acts of 1927, as amended, being Sections 764.9a
to 764.9g of the Michigan Compiled Laws.
B.
In a proceeding for a violation of this act involving prohibited
operation or conduct, the registration number or numbered decal or
VIN displayed on an ORV shall constitute prima facie evidence that
the owner of the vehicle was the person operating the vehicle at the
time of the offense, unless the owner identifies the operator to law
enforcement officials, the vehicle was reported as stolen at the time
of the violation, or that the vehicle was stolen or not in use at
the time of the violation.
C.
If a peace officer has reasonable cause to believe that a person
was, at the time of an accident, the driver of an ORV involved in
the accident and was driving the ORV while under the influence of
an intoxicating liquor, a controlled substance as defined in Section
7104 of Act No. 368 of the Public Acts of 1978, as amended,[1] or a combination of intoxicating liquor and a controlled
substance, the peace officer may arrest the alleged driver of the
ORV without a warrant.
[1]
Editor's Note: See MCLA § 324.81144.
A.
An operator of an ORV who is given by hand, voice, emergency light
or siren a visual or audible signal by a law enforcement officer acting
in the lawful performance of his duty, directing the operator to bring
the vehicle to a stop, and who willfully fails to obey the signal
by increasing speed, extinguishing lights, or otherwise attempting
to flee or elude the officer, is guilty of a misdemeanor. The officer
giving the signal shall be in uniform, and the officer's vehicle
shall be easily identifiable as an official law enforcement vehicle.
B.
The operator of a vehicle on the private premises of another, when
visibly hailed by the owner or the owner's authorized agent,
shall bring the vehicle to an immediate stop and provide personal
identification. Refusal to obey such a request to stop or subsequent
escape or attempt to escape is a misdemeanor.
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 such proceedings shall not constitute
an election of remedies preventing the commencement of the other proceedings
against such violator.
