The Uniform Traffic Code for Cities, Townships, and Villages as promulgated by the director of the Michigan Department of State Police pursuant to the Administrative Procedures Act of 1969, 1969 PA 306, MCLA §§ 24.201 to 24.328 and made effective October 30, 2002, and all future amendments and revisions to the Uniform Traffic Code when they are promulgated and effective in this state are incorporated by reference.
[HISTORY: Adopted by the Village Council of the Village of Bellevue 7-7-2003 by Ord. No. 105. Amendments noted where applicable.]
References in the Uniform Traffic Code for Cities, Townships, and Villages to a "governmental unit" shall mean the Village of Bellevue.
The penalties provided by the Uniform Traffic Code for Cities, Townships, and Villages are adopted by reference.
[Amended 1-24-2006 by Ord. No. 2006-002]
[Added 1-24-2006 by Ord. No. 2006-003]
The Village of Bellevue hereby amends Rule 144, "Speed restrictions," of the Uniform Traffic Code R 28.1144) as follows: The traffic engineer is hereby authorized to establish, increase or decrease speed regulations provided for in this article and to erect, or cause to be erected, signs which give notice thereof, as follows:
A.
Establish prima facie lawful speed limits on streets outside of business or residential districts, which shall not be less than 15 milers per hour.
B.
Increase the prima facie speed limits on through streets within business or residential districts.
C.
Establish the prima facie speed limit in public parks, alleys and cemeteries.
[Added 1-24-2006 by Ord. No. 2006-003]
The Village of Bellevue hereby designates and appoints the Village Manager to act as the Village's Traffic Engineer for the purposes of carrying out the duties and responsibilities provided in the Uniform Traffic Code and this article.
The Michigan Vehicle Code, 1949 PA 300, MCLA §§ 257.1 to 257.923, and all future amendments and revisions to the Michigan Vehicle Code when they are effective in this state are incorporated and adopted by reference.
References in Michigan Vehicle Code to "local authorities" shall mean the Village of Bellevue.
The penalties provided by the Michigan Vehicle Code are adopted by reference; provided, however, that the Village may not enforce any provision of the Michigan Vehicle Code for which the maximum period of imprisonment is greater than 93 days.
[Added 1-24-2006 by Ord. No. 2006-002]
The Village of Bellevue hereby authorizes the Village's Traffic Engineer, as provided in Article I of this chapter, to establish or increase the prima facie speed limits on highways under the Village's jurisdiction in accordance with the Michigan Vehicle Code and this article.
[Added 5-14-2022 by Ord. No. 2022-002]
A. DIRECT SUPERVISION DRIVER'S LICENSE MAINTAINED PORTION OPERATE OPERATOR ORV ROAD SAFETY CERTIFICATE VILLAGE
Definitions. As used in this section, the following definitions shall apply:
Means 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.
Means 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, as amended, MCL 257.301 to 257.329, for that individual to operate a vehicle, whether or not conditions are attached to the license or permit.
Means the roadway and any shoulder of a road.
Means to ride in or on, and be in actual physical control of, the operation of an ORV.
Means a person who operates or is in actual physical control of the operation of an ORV.
Means 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 multi-wheel drive vehicle, an ATV, a motorcycle or related two-wheel vehicle, a vehicle with three or more wheels, an amphibious machine, a ground effect air cushion vehicle, or other means of transportation. ORV does not include a 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 the performance of its common function, or a registered aircraft.
Means a Village major or local road/street as described in Section 9 of 1951 PA 51, as amended, MCL 247.659.
Means a certificate issued pursuant to 1994 PA 451, as amended, MCL 324.81130, or a comparable ORV safety certificate issued under the authority of another state of a province of Canada.
Means the Village of Bellevue.
B.
Designated roads. An ORV may be operated only on the far right on the maintained portion of a road, except on the following or in the instances below:
(1)
All state highways within the Village of Bellevue (meaning West Capital Avenue and South Main Street).
(2)
All streets within the Riverwood Manufactured Home Park.
(3)
Any linear trail park within the Village.
(4)
A person operating an ORV on a designated Village Street, may cross an excluded street for the sole purpose of continuing travel on the designated Village Street. The crossing of the excluded streets shall only be performed if the operation can be done safely and only at the right angle. The operator shall bring the vehicle to a complete stop before proceeding across the excluded street and shall yield the right-of-way to oncoming traffic.
(5)
The Village Council may adopt an ordinance to close any county roads within the boundaries of the Village to the operation of ORVs even if authorized by the township; provided that the Village first notifies the county road commission, the county board of commissioners, and the township within 28 days of a public hearing in compliance with 1994 PA 451, MCL 324.81131, and the closure of the county road is to protect the environment or to address a particular and demonstrable threat to public safety.
C.
Operating conditions. Except as set forth herein or otherwise provided by law, an ORV meeting all the following conditions may be operated on a designated street in the Village:
(1)
At a speed of no more than 25 miles per hour, or a lower posted ORV speed limit.
(2)
With the flow of traffic.
(3)
In a manner which does not interfere with traffic on the road.
(4)
Traveling single file, except when overtaking and passing another ORV.
(5)
While displaying a securely attached white-lighted headlight and red-lighted taillight with brake light at all times.
(6)
By a person not less than 12 years of age.
(7)
An ORV shall not be operated pursuant to this section during the period of 30 minutes before sunset to 30 minutes after sunrise or when visibility is substantially reduced due to weather conditions unless displaying a lighted headlight and lighted taillight.
(8)
A child who is less than 16 years of age shall not operate a three-wheeled ORV.
(9)
The ORV shall be 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; a red brake light, brighter than the taillight, visible from behind the vehicle when the brake is activated, 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.
(10)
The ORV shall be 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.
(11)
Each operator and passenger must wear 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.
(12)
While the ORV is equipped with a spark arrester type United States Forest Service approved muffler in good working order and in constant operation.
(13)
Pursuant to noise emission standard defined by law.
(14)
ORVS must be operated in a manner that will not cause damage to the road surface or shoulder. In this regard, prohibited activity includes but is not limited to actions such as "fishtailing" and spinning of tires that disperses gravel and creates ruts and other damage.
D.
License; safety certificate. A person less than 18 years of age shall not operate an ORV on a road in the Village unless the person is in possession of a valid driver's license or unless the person is under the direct supervision of a parent or guardian and 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.
E.
Registered motor vehicle. Unless a person possesses a valid driver's license, a person shall not operate an ORV on a road in the Village if the ORV is registered as a motor vehicle, and either is more than 65 inches wide or has three wheels.
F.
Evidence. In a court action is this state, if competent evidence demonstrates that a vehicle that is permitted to operate on a road, street, or highway pursuant to the Michigan Vehicle Code was in a collision on a roadway with an ORV that is not registered under the Code, the operator of the ORV shall be considered prima facie negligent.
G.
Violations and penalties. Any person who violates this section is guilty of a municipal civil infraction, and shall pay a civil fine of not less than $250 and not more than $500. In addition, a court shall order the person to pay full restitution for any damage to the environment, a road, or public or private property damaged as a result of a violation.
H.
ORV Fund. The Village Treasurer shall deposit all fines and damages collected under this section into a fund to be designated as the ORV Fund. The Village Manager shall appropriate revenue in the ORV Fund as follows:
(1)
50% to the Village of Bellevue Public Works Department for repairing damage to roads and the environment that may have been caused by ORVs, and for posting signs indicating ORV speed limits, or indicating whether roads are open or closed to the operation of ORVs.
(2)
50% to the Village of Bellevue Police Department for ORV enforcement and training.
I.
Master Map. The Village shall maintain a master map of all roads under the jurisdiction of the Village of Bellevue Department of Public Works upon which shall be indicated those roads and parts or sections thereof upon which the operation of OVR's is permitted and prohibited pursuant to this section. The Village shall make such master map available for interested groups or organizations to make copies for distribution to the general public, but shall have no obligation to incur any expense associated with the making of such copies.
J.
Repealer clause. All ordinances or parts of ordinances in conflict herewith are hereby repealed only to the extent necessary to give this section full force and effect.
K.
Savings clause. This section shall in no manner affect pending litigation, either civil or criminal, founded or growing out of any ordinance, resolution, order or parts thereof, hereby repealed, and this section shall in no manner affect any rights, claims, privileges, immunities or causes of action of the Village, or other person, either criminal or civil, that may have already occurred, accrued or grown out of any ordinance, resolution, order or policy, or any part thereof, hereby repealed.
L.
Validity and severability. Should any portion of this section be found invalid for any reason, such a holding shall not be construed as affecting the validity of the remaining portions of this section.
M.
When effective. This section shall be effective immediately after publication of notice of its adoption.
N.
Immunity clause. Subject to Section 5 of 1964 PA 170, MCL 691.1405, the Village is immune from tort liability from injuries or damages sustained by any person arising in any way out of the operation or use, on the maintained portion or unmaintained portion of a highway, road, or street, of an ORV. The immunity provided by this subsection does not apply to a Village employee's actions that constitute gross negligence. An used in this subsection, "gross negligence" means conduct so reckless as to demonstrate a substantial lack of concern for whether an injury results.