An ordinance regulating the operation of off-road vehicles (ORVs)
on certain public roads, and to permit the operation of an ORV in
compliance with this chapter on roads which are designated for such
use on a master map duly adopted by the Lawrence Township Board of
Trustees; and to set forth the regulations regarding the operation
of ORVs on public roads in Lawrence Township for the purpose of providing
penalties for the violation thereof, and for the distribution of public
funds resulting from those penalties for the violation thereof pursuant
to 2008 PA 240, MCLA § 324.81131.
As used in this chapter, the following definitions shall apply:
DIRECT SUPERVISION
The direct visual 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.
DRIVER 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, 1949 PA 300, MCLA §§ 257.301 to 257.325,
for that individual to operate a vehicle, whether or not conditions
are attached to the license or permit. A suspended or revoked license
or permit does not constitute a valid driver license under this chapter.
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 multitrack or multiwheel
drive vehicle, or ORV, a motorcycle or related two-wheel, three-wheel,
or four-wheel 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, a registered aircraft,
an amphibious machine or a ground-effect, air-cushion vehicle.
ROAD
A primary road or local road as described in Section 5 of
1951 PA 51, MCLA § 247.655.
ROAD COMMISSION
The Board of County Road Commissioners for the County of
Van Buren.
SAFETY CERTIFICATE
A certificate issued pursuant to 1994 PA 451, as amended,
MCLA § 324.81129, or a comparable ORV safety certificate
issued under the authority of another state or a province of Canada.
An ORV may be operated on roads within the Township, subject
to the conditions and limitations stated herein.
A person may not operate an ORV on any road designated as closed to ORV operation on the Official ORV Map referenced in §
29-10. Notwithstanding the above, a person may operate an ORV on a closed road for the purpose of accessing the nearest open road from a residence which cannot be more than 1/2 mile from said open road. This does not apply to state and federal highways, roads exempt from opening by state statute, roads closed by action of the Van Buren County Road Commission, roads closed by order of law enforcement officers, and roads bordering municipalities which have not authorized the use of ORVs on public streets under MCLA § 324.81131 or other applicable law, including but not limited to Red Arrow Highway and I-94. Operation of an ORV on those roads is not permitted under any circumstance.
Except as set forth herein or otherwise provided by law, an
ORV meeting all of the following conditions may be operated on a road
or street in the Township:
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 16 years of age.
C. With the flow of traffic and as follows:
(1) On the right shoulder of the road.
(2) If there is not a right shoulder or the right shoulder is not of
adequate width, on the right unmaintained portion of the road.
(3) On the far right of the right traffic lane of the road, if necessary,
to cross a bridge or culvert and if the operator brings the ORV to
a complete stop before entering and yields the right-of-way to an
approaching vehicle on that traffic lane.
D. In a manner which does not interfere with traffic on the road or
street.
E. Traveling single file except when overtaking and passing another
ORV.
F. Displaying a lighted headlight and lighted taillight.
G. Operation hours: 1/2 hour before sunrise until 1/2 hour after sunset.
H. While the operator and each passenger are 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.
I. With a rear-viewing mirror.
J. 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.
K. With a United States Forest Service approved spark arrester and muffler,
in good working order and in constant operation.
L. Pursuant to noise standards defined by law.
M. Obeying all other laws relating to the operation of a vehicle in
public streets, including but not limited to following turn signal
requirements, yielding to traffic, etc.
N. There is no operation of an ORV on sidewalks, trails, or other surfaces
designed for pedestrian travel. There is no operation of an ORV in
a public park or other space customarily used by pedestrians.
O. While the operator is in possession of a valid driver license.
A person less than 18 years of age shall not operate an ORV
on a road in the Township unless they are under the direct supervision
of a parent or legal guardian and the person has in his or her possession
an ORV safety certificate or a comparable ORV safety certificate issued
under the authority of another state or a province of Canada.
In a court action in this state, if competent evidence demonstrates
that a vehicle that is permitted to operate on a road or street pursuant
to the Michigan Vehicle Code was in a collision on a roadway with an ORV that is not
registered under the Michigan Vehicle Code, the operator of the ORV
shall be considered prima facie negligent.
Any person found to have violated this chapter by a court of competent jurisdiction is responsible for a municipal civil infraction under Chapter
25, Municipal Civil Infractions, of the Code of the Township of Lawrence.
The Township shall maintain a master map of all roads under
its jurisdiction upon which shall be indicated those roads and parts
or sections thereof which the operation of ORVs is permitted and
prohibited pursuant to this chapter. Such map shall be known as the
"Official ORV Map," and the master copy shall be kept at the Lawrence
Township Town Hall. The Township shall make a copy of the Official
ORV Map available to interested groups or organizations to make copies
for distribution to the general public, but shall have no obligation
to make, or to assume any expense associated with the making of, such
copies. The Official ORV Map on display at the Township Hall shall
govern in the event of a dispute.
A. The Official ORV Map on file with the Township and adopted pursuant
to the January 10, 2019, version of this chapter shall be the Official
ORV Map upon the effective date herein.
B. The Lawrence Township Board of Trustees may, by resolution, amend
the Official ORV Map as and when it deems it appropriate to do so.
Agricultural use of an ORV falls under state regulation MCLA
§ 324.81122.
The Township Treasurer shall deposit fines and damages collected
for violations of this chapter into a fund to be designated as the
"ORV Fund." Township Board shall appropriate revenue in the ORV Fund
as follows:
A. Fifty percent to the County Sheriff or Police Department responsible
for law enforcement in the local unit of government for ORV enforcement
and training.
B. Fifty percent to the County Road Commission to be used for repairing
damage to streets and the environment that may have been caused by
ORVs and for posting signs indicating ORV speed limits or indicating
whether streets are open or closed to the operation of ORVs under
this chapter.
This chapter shall be effective 30 days after publication and
shall continue until revoked. The permissions granted herein are subject
to termination at any time by the revocation of this chapter. Nothing
herein shall be construed so as to create a vested right, license,
privilege or permit to operate any ORV within the Township.