[Added 10-5-2020 by Ord.
No. 20-01]
For the purposes of this article, the following definitions
shall apply:
DRIVER LICENSE
Any driving privilege, license, temporary instruction permit
or temporary license issued under the laws of any state, territory
or possession of the United States, Indian country as defined in 18
U.S.C. § 1151, the District of Columbia, and the Dominion
of Canada pertaining to the licensing of person to operate motor vehicles.
GOLF CART
A vehicle manufactured or assembled for the purpose of playing
the game of golf which is incapable of being operated at a speed in
excess of 20 miles per hour.
OPERATE
To ride in or on and to be in actual physical control of
the operation of an ORV/ATV.
OPERATOR
A person who operates or is in physical control of the operation
of an ORV.
ORV or VEHICLE
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"
includes, but is not limited to, a multitrack or multiwheel drive
vehicle, an ATV, a motorcycle or related two-wheel, three-wheel, four-wheel,
or six-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 which is capable of speeds in excess
of 20 miles per hour. "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.
ROAD
A major or local street owned and maintained by the City
of Corunna.
SAFETY CERTIFICATE
A certificate issued pursuant to Public Act 451 of 1994, as amended, or a comparable ORV safety certificate issued
under the authority of another state or a province of Canada.
SHOULDER
That portion of the road contiguous to the roadway generally
extending the contour of the roadway, not designed for vehicular travel
but maintained for the temporary accommodation of disabled or stopped
vehicles otherwise permitted on the roadway.
VISUAL SUPERVISION
The 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.
[Added 10-5-2020 by Ord.
No. 20-01]
(a) An ORV may be operated under this article on all City streets, except
as otherwise prohibited or limited by this article.
(b) An ORV may not be operated on the road surface, roadway, shoulder
or right-of-way of any state highway unless it is part of an approved
and signed MDOT ORV connector route.
(c) An ORV may not be operated on the road surface, roadway, shoulder
or right-of-way of North Shiawassee Street from the Caledonia surface
drain north to City limits.
(d) An ORV may not be operated on the road surface, roadway, shoulder
or right-of-way of South Shiawassee Street from the railroad tracks
south to City limits.
[Added 10-5-2020 by Ord.
No. 20-01]
Except as set forth herein or otherwise provided by law, an
ORV meeting all of the following conditions may be operated on a road
in the City of Corunna:
(1) At a speed of not more than 25 miles per hour, or a lower posted
speed limit.
(2) On the far right-hand side of the maintained portion of the roadway.
(3) Not within any City of Corunna Park, except a designated driveway
or parking area.
(4) Not upon the grounds of Corunna Pine Tree Cemetery, including the
service roads therein.
(5) With the flow of traffic and on the shoulder or to the far right
of the street surface.
(6) In a manner which does not interfere with traffic on the road.
(7) While traveling single-file, except when overtaking or passing another
ORV or golf cart.
(8) While displaying a lighted white headlight and a lighted red taillight
at all times.
(9) When the person and any passenger in or on the vehicle is wearing
on his or her head a crash helmet and protective eyewear approved
by the United States Department of Transportation. This subsection
does not apply if the vehicle is equipped with a windshield and a
roof or roll bar that meets or exceeds standards for a crash helmet
and the operator and each passenger is wearing a properly adjusted
and fastened safety belt.
(10)
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.
(11)
While the ORV, if powered by an internal combustion engine,
is equipped with a spark-arrester-type United States Forest Service
approved muffler in good working order and in constant operation.
(12)
When equipped with a braking system that may be operated by
hand or foot, capable of producing deceleration at 14 feet per second
on level ground at a speed of 20 miles per hour.
(13)
When equipped with at least one mirror securely mounted and
positioned on the ORV in such a manner to be able to clearly view
traffic approaching from behind.
(14)
In a manner that is not careless or negligent, including prohibition
of activities that may endanger any person or property such as towing,
fishtailing, or spinning of tires to disperse gravel or create ruts.
(15)
Pursuant to noise and emission standards defined by law and
all federal and state ORV regulations with regard to any prescribed
equipment or registration requirements as may be applicable to the
vehicle being operated.
(16)
ORVs operated on City streets under this article must comply
with all federal and state regulations with regard to any prescribed
equipment or registration requirements as may be applicable to the
vehicle being operated. ORVs must be licensed with the Department
of Natural Resources (DNR) if the ORV will be used anywhere other
than on private property.
(17)
During daylight hours only, specifically, no later than 1/2
hour after sunset, and not earlier than 1/2 hour before sunrise.
(18)
ORVs shall not tow any sleds, toboggans or other such device
occupied by people.
[Added 10-5-2020 by Ord.
No. 20-01]
(a) An ORV shall not be operated in a careless or negligent manner likely
to endanger any person or damage any property, including in a manner
likely to damage the surface or shoulder of the roadway. Prohibited
operation includes but is not limited to actions such as fishtailing
or spinning of tires that disperses gravel or creates ruts or other
damage.
(b) In a court action in this state where competent evidence demonstrates
that a vehicle permitted to be operated on a highway pursuant to the
Michigan Vehicle Code, 1949 PA 300, MCLA 257.1 to 257.923, is involved
in a collision with an ORV on a road, the driver of the ORV involved
in the collision shall be considered prima facie negligent.
[Added 10-5-2020 by Ord.
No. 20-01]
(a) A person less than 18 years of age shall not operate an ORV on a
road in the City of Corunna unless the person is in possession of
a valid driver's license or is under the direct visual supervision
of an adult and the person has in his or her immediate possession
a Michigan issued ORV safety certificate or a comparable ORV safety
certificate issued under the authority of another state or a province
of Canada.
(b) No person under the age of 12 may operate an ORV on any road or public
place described herein.
[Added 10-5-2020 by Ord.
No. 20-01]
The operator of an ORV/ATV involved in an accident resulting
in injuries to or death of any person, or property damage in an estimated
amount of $100 or more, or some person acting for him/her, or the
owner of the ORV/ATV having knowledge of the accident, shall immediately,
by the quickest means of communication, notify Shiawassee County Central
Dispatch.
[Added 10-5-2020 by Ord.
No. 20-01]
(a) A person who violates any provisions of this article shall be responsible
for a municipal civil infraction and shall be subject to a civil fine
of not more than $500 or penalty as otherwise defined. The schedule
of fines for violations herein may be established annually by the
Chief of Police, and may also include fines for failure to comply
the with City of Corunna On-Street Golf Cart Resolution or other golf
cart related state and local regulations.
(b) In addition to the fine specified above, the court may order a person
who causes damage to the environment, a road or other property as
a result of the operation of an ORV/ATV to pay full restitution for
that damage above and beyond the penalties for civil fines.