As used in this article, 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 article.
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, swamp land, or other natural terrain. ORV
or vehicle includes, but is not limited to, a multi-track or multi-wheel
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 §
38-37. 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 1-94. Operation of an ORV on those roads is not permitted under any circumstance.
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.
Operation of ORVs in the Township for agricultural purposes
or for other purposes specifically provided for in MCLA § 81122
shall occur in accordance with the provisions of MCLA § 324.81122.
All other ordinances and parts of ordinances in conflict herewith
are hereby repealed.
The various parts, sections and clauses of this article are
hereby declared to be severable. If any part, sentence, paragraph,
section or clause of this article is adjudged unconstitutional or
invalid by a court or administrative agency of competent jurisdiction,
the remainder of this article shall not be affected thereby. This
article is to be construed as being consistent with state and federal
law and regulations.
Legal proceedings presently pending under the prior ordinance
or any ordinance provision that is hereby repealed or replaced may
proceed to judgment or decision and shall not be affected by this
article.
This article shall take effect 30 days after adoption by the
Township Board and publication thereof.