[Code 1979, § 10.41]
The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
The entire width between the boundary lines of every way
publicly maintained when any part thereof is open to the use of the
public for purposes of vehicular travel.
To ride in or on and to control the operation of a snowmobile.
Any person who operates or is in actual physical control
of a snowmobile.
Any person, other than a lienholder, having the property
in or title to a snowmobile entitled to the use or possession of the
snowmobile.
That portion of a highway or street improved, designated
or ordinarily used for vehicular travel.
Any motorized vehicle designed for travel primarily on snow
or ice steered by wheels, skis or runners.
[Code 1979, § 10.42]
No person shall operate a snowmobile in the City, except on
property owned exclusively by the owner or operator of the snowmobile,
unless the snowmobile is duly registered with the state.
[Code 1979, § 10.43]
In addition to compliance with Act No. 74 of the Public Acts
of Michigan of 1968 (MCL 257.1501 et seq., MSA 9.3200(1) et seq.),
as amended, it shall be unlawful for any person to operate a snowmobile
other than for ingress or egress only in the City:
(1)
In a careless or negligent manner likely to endanger any person or
property.
(2)
To fail to come to a complete stop at all intersections.
(3)
To fail to yield the right-of-way to all vehicular traffic and pedestrians.
(4)
To fail to obey all traffic signals, signs, devices and all other
applicable traffic rules and regulations.
(5)
To cross a street, except at an intersection, and then only after
coming to a complete stop.
(6)
For the owner or operator of any snowmobile to allow such machine
to be or remain unattended on public property, streets or roadways
while the motor is running, or with the keys to start it in the ignition
switch.
(7)
For any snowmobile to be operating on the following streets or roadways,
except to cross such streets at intersections, only: Corunna Avenue,
Comstock Street, between King and East McNeil; Norton Street; Shiawassee
Street, from McNeil to Mack; State Street; and McArthur Street, from
Norton to Kingsley.
(8)
To fail to travel as close to right edge of plowed area of the street
as practical.
[Code 1979, § 10.44]
No person shall operate a snowmobile in the City on land of
others, without first having secured written consent to operate thereon;
and, in this connection, land of others shall include the area of
the street between the sidewalk and the curb in front of land of others;
and no person shall operate a snowmobile on any City sidewalk or in
McCurdy Park or in the cemetery, and no person shall operate a snowmobile
on any schoolhouse lawn, walkway or playground unless the person shall
have written permission therefor from the school authorities.
[Code 1979, § 10.45]
No snowmobile shall be operated in the City unless it has at
least one headlight, one taillight, and adequate brakes capable of
producing deceleration at 14 feet per second on level ground at a
speed of 20 miles per hour.
[Code 1979, § 10.46]
No person shall operate a snowmobile:
(1)
At a rate of speed greater than is reasonable and proper, having
due regard for conditions then existing, and in no event in excess
of 10 miles per hour.
(2)
While under the influence of intoxicating liquor, narcotic drugs,
barbital or any derivative of barbital.
(3)
During the hours from one-half hour after sunset to one-half hour
before sunrise without displaying a lighted headlight and lighted
taillight.
(4)
In any park, cemetery or other public ground without first securing
written permission from the City Manager.
(5)
Unless it is equipped with a muffler in good working order and in
constant operation to prevent excessive or unusual noise and annoying
smoke.
(6)
Without having on his person a valid motor vehicle operator's license,
or unless accompanied by a licensed driver who is actually occupying
a seat in the same vehicle.
(7)
With more than one passenger on the same snowmobile.
[Code 1979, § 10.47]
The operator of a snowmobile involved in an accident resulting
in injuries to or death of any person, or any property damage in an
estimated amount of $25 or more, or some person acting for him, or
the owner of the snowmobile having knowledge of the accident, shall
immediately by the quickest means of communication notify the police
of the City.
[Code 1979, § 10.48]
(a)
The owner of a snowmobile may be held jointly and severally liable
to a property owner for three times the amount of the actual damage
to trees, shrubs, landscaping, growing crops or personal property
occurring on private property and caused by the snowmobile, where
the snowmobile was operated without the consent of the property owner
or his agent.
(b)
The owner of a snowmobile may be held jointly and severally liable
with the driver of the snowmobile for all damages arising out of the
negligent or improper operation of his snowmobile.
(c)
For the purposes of this section, any snowmobile operated within
the City shall be presumed to be operated with the consent of the
owner.
[Code 1979, § 10.49]
Members of the police department are hereby authorized to remove a snowmobile from a street or roadway to the nearest garage or other place of safety, or to a garage designated or maintained by the police department, or otherwise maintained by the City under the same circumstances as enumerated in Section 2.5 of the Uniform Traffic Code for Cities, Townships and Villages which has been adopted as the traffic code of the City in Article II of this chapter.
[Code 1979, § 10.50]
(a)
Whenever an officer removes a snowmobile from a street or roadway
as authorized in this article, and the officer knows or is able to
ascertain the name and address of the owner of the snowmobile, such
officer shall immediately give or cause to be given notice in writing
to the owner of the fact of such removal, and the reasons therefor,
and of the place to which the snowmobile has been removed.
(b)
The snowmobile will not be released by the Police Department until
the ownership of the snowmobile is proven and any costs of towing,
transportation, storage, etc., have been paid.
