[Adopted 4-8-2019 by Ord.
No. 264]
(a)
Paw Paw Township Board has determined it is appropriate to adopt
an ordinance permitting and regulating the operation of off-road vehicles
(ORVs) on certain public roads within the Township pursuant to MCLA
§ 324.81131.
(b)
A public hearing on the article was held on April 8, 2019, as required
by MCLA § 324.81131(3).
(c)
Notice of the public hearing was sent by certified mail at least
28 days before said hearing to the County Road Commission, to the
County Board of Commissioners, to the legislative body of every other
township and municipality located within the county, to the state
transportation department if the road intersects a highway, and, if
state forestland is located within the Township or municipality, to
the department.
(d)
The Township Board has determined that such article advances the
public health, safety and welfare by allowing ORV use on certain public
roads in the Township, while also adopting regulations for such operation,
prescribing penalties for violation of the article and specifying
the distribution of public funds resulting from those penalties, pursuant
to PA 240 of 2008,[1] as may be amended.
[1]
Editor's Note: See MCLA § 324.81131.
(e)
This article is to be construed as being consistent with state and
federal law and regulations.
As used in this article, the following definitions shall apply:
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.
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, MCLA § 257.301
to 257.325, for that individual to operate a vehicle, whether or not
conditions are attached to the license or permit. A suspended or revoked
license or permit does not constitute a valid driver license under
this article.
To ride in or on, and be in actual physical control of the
operation of an ORV.
A person who operates or is in actual physical control of
the operation of an ORV.
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, swamp land, or other natural terrain. ORV
or vehicle includes, but is not limited to, a multi-track or multi-wheel
drive vehicle, or ORV, a motorcycle or related two-wheel three-wheel,
or four-wheel vehicle, or other means of transportation deriving motor
power from a source other than muscle or wind. 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, a registered aircraft,
an amphibious machine or a ground effect air cushion vehicle.
A primary road or local road as described in Section 5 of
1951 PA 51, MCLA § 247.655.
The Board of County Road Commissioners for the County of
Van Buren.
A certificate issued pursuant to 1994 PA 451 as amended,
MCLA § 324.81129, or a comparable ORV safety certificate
issued under the authority of another state or a province of Canada.
The Township of Paw Paw.
An ORV may be operated on roads within the Township, subject
to the conditions and limitations stated herein.
A person may not operate an ORV on any road designated as closed to ORV operation on the official ORV Map referenced in § 38-37. Notwithstanding the above, a person may operate an ORV on a closed road for the purpose of accessing the nearest open road from a residence which cannot be more than 1/2 mile from said open road. This does not apply to state and federal highways, roads exempt from opening by state statute, roads closed by action of the Van Buren County Road Commission, roads closed by order of law enforcement officers, and roads bordering municipalities which have not authorized the use of ORVs on public streets under MCLA § 324.81131 or other applicable law, including but not limited to Red Arrow Highway, and 1-94. Operation of an ORV on those roads is not permitted under any circumstance.
(a)
The Van Buren County Road Commission, law enforcement, and other
state agencies and entities with power to close public roads located
within the Township may close said roads to the operation of ORVs
otherwise authorized pursuant this article.
(a)
Except as set forth herein or otherwise provided by law, an ORV meeting
all of the following conditions may be operated on a road or street
in the Township:
(1)
At a speed of no more than 25 miles per hour or a lower posted
ORV speed limit.
(2)
By a person not less than 16 years of age.
(3)
With the flow of traffic and as follows:
a.
On the right shoulder of the road.
b.
If there is not a right shoulder or the right shoulder is not
of adequate width, on the right unmaintained portion of the road.
c.
On the far right of the right traffic lane of the road, if necessary
to cross a bridge or culvert and if the operator brings the ORV to
a complete stop before entering and yields the right-of-way to an
approaching vehicle on that traffic lane.
(4)
In a manner which does not interfere with traffic on the road
or street.
(5)
Traveling single file except when overtaking and passing another
ORV.
(6)
Displaying a lighted headlight and lighted taillight.
(7)
Operation hours: one-half hour before sunrise until one-half
hour after sunset.
(8)
While 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.
(9)
With a rear viewing mirror.
(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)
With a United States Forest Service approved spark arrester
and muffler, in good working order and in constant operation.
(12)
Pursuant to noise standards defined by law.
(13)
Obeying all other laws relating to the operation of a vehicle
in public streets including but not limited to following turn signal
requirements, yielding to traffic, etc.
(14)
There is no operation of an ORV on sidewalks, trails, or other
surfaces designed for pedestrian travel. There is no operation of
an ORV in a public park or other space customarily used by pedestrians.
(15)
While the operator is in possession of a valid driver license.
A person less than 18 years of age shall not operate an ORV
on a road in the Township unless they are under the direct supervision
of a parent or legal guardian and the person has in his or her possession
an ORV safety certificate or a comparable ORV safety certificate issued
under the authority of another state or a province of Canada.
In a court action in this state, if competent evidence demonstrates
that a vehicle that is permitted to operate on a road or street pursuant
to the Michigan Vehicle Code was in a collision on a roadway with
an ORV that is not registered under the Michigan Vehicle Code, the
operator of the ORV shall be considered prima facie negligent.
(a)
A violation of this article is a municipal civil infraction, for
which the fines shall not be less than $100 nor more than $500 for
the first offense and not less than $250 nor more than $500 for subsequent
offenses, in the discretion of the court.
(b)
In addition, the court shall order the defendant to pay the cost
of repairing any damage to the environment, a street, county road
or highway or public property as a result of the violation.
(c)
The foregoing sanctions shall be in addition to the rights of the
Township to proceed at law or equity with other appropriate and proper
remedies. Additionally, the violator shall pay costs which may include
all expenses, direct and indirect, which the Township incurs in connection
with the municipal civil infraction.
(d)
This article shall be administered and enforced by the Ordinance
Enforcement Officer of the Township or by such other person(s) as
designated by the Township Board from time to time.
(a)
The Township shall maintain a master map of all roads under its jurisdiction
upon which shall be indicated those roads and parts of sections thereof
which the operation of ORVs is permitted and prohibited pursuant to
this article. Such map shall be known as the official ORV Map and
the master copy shall be kept at the Paw Paw Township Hall. The Township
shall make a copy of the ORV Map available to interested groups or
organizations to make copies for distribution to the general public,
but shall have no obligation to make or to assume any expense associated
with the making of such copies. The official ORV Map on display at
the Township Hall shall govern in the event of a dispute.
Operation of ORVs in the Township for agricultural purposes
or for other purposes specifically provided for in MCLA § 81122
shall occur in accordance with the provisions of MCLA § 324.81122.
(a)
The Township Treasurer shall deposit fines and damages collected
for violations of this article into a fund to be designated as the
"ORV Fund." The Township Board shall appropriate revenue in the ORV
Fund as follows:
(1)
50% to the County Sheriff or Police Department responsible for
law enforcement in the local unit of government for ORV enforcement
and training.
(2)
50% to the County Road Commission to be used for repairing damage
to streets and the environment that may have been caused by ORVs and
for posting signs indicating ORV speed limits or indicating whether
streets are open or closed to the operation of ORVs under this article.
All other ordinances and parts of ordinances in conflict herewith
are hereby repealed.
The various parts, sections and clauses of this article are
hereby declared to be severable. If any part, sentence, paragraph,
section or clause of this article is adjudged unconstitutional or
invalid by a court or administrative agency of competent jurisdiction,
the remainder of this article shall not be affected thereby. This
article is to be construed as being consistent with state and federal
law and regulations.
Legal proceedings presently pending under the prior ordinance
or any ordinance provision that is hereby repealed or replaced may
proceed to judgment or decision and shall not be affected by this
article.
This article shall take effect 30 days after adoption by the
Township Board and publication thereof.
