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ORDINANCE
NO. 2.21 As
Amended AN
ORDINANCE TO REGULATE THE USE AND OPERATION OF OFF-ROAD VEHICLES (ORV’S)
WITHIN THE CITY OF CRYSTAL FALLS, IRON COUNTY, STATE OF MICHIGAN SECTION
2 GENERAL REGULATIONS ON USE AND OPERATION B.
ORV’S
for the purpose of obtaining access to recognized off-road trails, and for the
operator to purchase retail goods and services in conjunction with the legal
operation of an ORV, may, by the most direct route available, utilize the public
alleys and streets located in the City of Crystal Falls and in so doing, travel
in the most direct perpendicular manner available. (Ref. Section 324.81131, Act
451 of 1994) C.
ORV’S
shall be brought to a complete stop before crossing an alley or street, and
shall yield the right of way to oncoming traffic. D. ORV’S
shall utilize the outermost five-(5) feet of the alley or street, and shall
travel in single file, with the flow of traffic. E. ORV’S
shall utilize the alleys or recreation trails in areas of the City where alleys
or recreation trails parallel adjacent streets.
ORV’S utilizing streets that parallel adjacent alleys or recreation
trails shall be deemed in violation of this ordinance. F. ORV’S
shall operate at a speed of no more than 25 miles per hour or a lower posted ORV
speed limit. G. ORV’S
shall operate in a manner that does not interfere with traffic on a road or
street. H. ORV’S
shall not be operated when visibility is substantially reduced due to weather
conditions unless the ORV is displaying a lighted headlight and lighted
taillight I. ORV’S
shall be operated displaying a lighted headlight and lighted taillight for the
hours ½ hour after sunrise until ½ hour before sunset. J. Beginning
January 1, 2010 ORV’S shall not be operated unless they are displaying a
lighted headlight and lighted taillight at all hours. K. ORV’S
shall not be operated unless the operator and each passenger is 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. L.
ORV’S
shall not be operated unless they are equipped 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. M. A child between the ages of twelve and sixteen shall not operate an ORV on any street or alley in the City unless the child is under the direct visual supervision of an adult and the child 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. O. Unless
a person possesses a valid driver’s license a person shall not operate an ORV
on any street or alley in the City except as otherwise provided in Section (M)
and (N). A. ORV’S
shall have, in good working condition and in constant use, a muffler that is in
compliance with all the provisions of MCL 324.81133 and the various subsections
thereof, as amended, as well as all other statutes, rules, regulations and
ordinances applicable to ORV operation. SECTION
4 PENALTIES A. Any
person violating this ordinance shall be deemed to have committed a civil
infraction, subject to the payment of civil fines of $50.00 plus costs, for the
first violation. B. Any
repeated offense shall be subject to increased fines, as follows: 1. First repeated
offense shall be no less than $150.00 plus costs. 2.
A
fine for any second repeated offense or any subsequent repeated offense shall be
no less than $250.00 plus costs. 3. The
Court or Magistrate may order a person who causes damage to any street or alley
or other property as a result of the operation of any ORV in an area permitted
by the Ordinance to pay full restitution for the damage above and beyond the
penalties paid for civil fines or misdemeanor violation. SECTION
5 SEVERABILITY Adopted:
March 9, 2009
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