ORDINANCE NO. 2.21

 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

THE CITY OF CRYSTAL FALLS ORDAINS:

This ordinance hereby includes and incorporates by reference the entirety of Part 811 of Act 451 of the Public Acts of Michigan of 1994, as amended, to provide for the regulation and registration of Off-Road Vehicles. It is the intention of this Ordinance to permit those actions that are permissible under State law and prohibit those actions that are not permissible under State law as pertains to ORV’S.

ORV’S shall not be operated upon any City owned property including, but not limited to, streets, alleys, sidewalks, parks, cemeteries, golf courses or pedestrian trails unless hereinafter provided.

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)

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.

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.

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.

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.

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.

Any repeated offense shall be subject to increased fines, as follows:

First repeated offense shall be no less than $150.00 plus costs.

A fine for any second repeated offense or any subsequent repeated offense shall be no less than $250.00 plus costs.

SECTION 5 SEVERABILITY

The sections of this ordinance shall be deemed to be severable and should any section, paragraph, or provision hereof be declared by the Courts to be unconstitutional or invalid, such holding shall not affect the validity of this Ordinance as a whole.

Ordinance Adopted December 8, 2003.
Ordinance Effective January 8, 2004.