VILLAGE OF DRYDEN ORDINANCE # TBD ORV ORDINANCE ADOPTED ON April 2, 2024

VILLAGE
OF DRYDEN
ORDINANCE # TBD
ORV ORDINANCE ADOPTED ON
April 2, 2024
An ordinance adopted to authorize and regulate the operation of ORVs by the Village of Dryden on April 2, 2024. By adopting said ordinance in its entirety for the purpose of promoting the health, safety, and general welfare of the inhabitants of the Village of Dryden (hereinafter, “The Village,); and for the purpose of authorizing and regulating the operation of ORVs on the streets in The Village, for the purpose of providing penalties for the violation thereof, and for the distribution of public funds resulting from those penalties pursuant to 2011 PA 107, MCL 324.81131.
ORV ORDINANCE SECTION INDEX:
Section 41.01-Definitions
Section 41.02-Streets Open to ORV Traffic
Section 41.03-Operating Rules
Section 41.04-Driver’s License Requirement
Section 41.05- Notice of Accident
Section 41.06-Assumption of Operator and Passenger Risk
Section 41.07-Immunity from Legal Liability
Section 41.08-Penalties
Section 41.09-Collection of Fines and Appropriation of Fines Collected. Section 41.10-Effective Date and Certification
41.01-DEFINITIONS
As used in this Chapter, the following words are hereby defined as follows:
a. “ATV” means a vehicle with 3 or more wheels that is designed for off-road use, has low pressure tires, has a seat designed to be straddled by the rider, and is powered by a 50cc or greater gasoline engine or an engine of comparable size using other fuels including battery powered.
b. “Driver’s License” means:
i. Any driving privileges, license to operate a motor vehicle, temporary instruction permit to operate a motor vehicle, commercial learner’s permit to operate a motor vehicle, or temporary license to operate a motor vehicle issued under the laws of any state, territory or possession of the United States, Indian country as defined in
18 USC 1151, or the District of Columbia;
ii. Any license to operate a motor vehicle issued by a country other than the United States if the country that issued the nonresident operator’s license is a party to an international treaty, convention, or agreement regulating traffic, driving, or the operation of motor vehicles to which the United States or this state is also a party, as described in MCL 257.302a (a list of which is published on the Michigan Secretary of State website), or
iii. Any license to operate a motor vehicle where the issuing country is not a party to a treaty, convention, or agreement described by MCL 257.302a and the operator would otherwise be able to satisfy the requirements of MCL 257.307 except for any requirement to establish an address in the State of Michigan or residency
c. “Operate” means to ride in or on an ORV or vehicle, and to be in actual physical control of the operation of that ORV or vehicle, or to simply be in physical control of the operation of an ORV or vehicle.
d. “Operator” means a person who operates, or is in physical control of the operation of an
ORV or Vehicle.
e. “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. A multitrack or multi wheel drive vehicle, a motorcycle or related 2-wheel vehicle, a mini bike, a vehicle with 3 or more wheels, an amphibious machine, a ground effect air cushion vehicle, or other means of transportation may be an ORV. An ATV is an ORV. 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, or a registered aircraft.
f. “Roadway” means the portion of a street designed, or ordinarily used for travel by vehicles registered under the Michigan Vehicle code, 1949 PA 300, MCL
257.1 to 257.923, as amended. Roadway does not include the shoulder.
g. “ROPS” means rollover protection system.
h. “Shoulder” means that portion of the road contiguous to the roadway generally extending the contour of the roadway, not designed for vehicular travel but maintained for the temporary accommodation of disabled or stopped vehicles otherwise permitted on the roadway.
i. “Street” means any street or road owned and maintained by the Village of Dryden.
j. “Vehicle” means an ORV unless the context in which the term is used implies a different meaning.
k. “Village” means the Village of Dryden which is a municipality located in the State of Michigan.
41.02-STREETS OPEN
TO ORV TRAFFIC
All public streets in the Village of Dryden shall be open to ORV traffic pursuant to the provisions of this Ordinance.
41.03-OPERATING RULES
Except as otherwise provided by this Ordinance and any other ordinance or law, an ORV that conforms to all the following operating rules may be operated on a street in the Village of Dryden in the following manner:
a) At a speed of not greater than 25 miles per hour or a lower posted ORV speed limit;
b) On the far right-hand side of the maintained portion of the roadway;
c) By a person who is not less than.16 years of age.
d) With the flow of traffic;
e) In a manner which does not interfere with traffic on the road;
f) While traveling single-file, except when overtaking or passing another ORV or golf cart;
g) While displaying a lighted headlight and a lighted taillight from dusk to dawn;
h) While the operator and any passenger(s) in or on the vehicle is required to wear crash helmet and protective eyewear approved by the United States Department of Transportation unless the vehicle is equipped with roof that meets or exceeds standards for a crash helmet and operator and each passenger is wearing property adjusted and fastened seat belt if equipped.
i) With a throttle so designed that when the pressure used to advance the throttle is remove the engine speed will immediately and automatically return to idle;
j) While the ORV is equipped with a spark arrester type United States Forest Service approved muffler in good working order and in constant operation, that conforms to any other requirement stated in MCL 324.81133(l)(f);
k) When 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, one brake light brighter than a taillight, visible when the brake is activated to the rear of the vehicle if the vehicle is operated during the hours of 1/2 hour after sunset and 1/2 hour before sunrise; and
l) In compliance with noise and emission standards defined by law.
m) No person who is an operator or passenger on an ORV shall transport or possess alcoholic beverages in a container that is open or uncapped or upon which the seal is broken.
41.04-DRIVER’S LICENSE REQUIREMENT
A person must have a valid driver’s license to operate an ORV on a street in the Village of Dryden.
41.05-NOTICE OF
COLLISION OR ACCIDENT
The Operator of an ORV involved in a collision or accident shall comply with the following requirements:
A) Where collision or accident results in injuries to or death of any person, or property damage in an estimated amount of $100 or more, the Operator or some person acting for him/her, or the owner of the ORV having knowledge of the accident shall immediately by the quickest means of communication notify Lapeer County Central Dispatch.
B) Where collision or accident results in injuries to or death of a person, the Operator shall immediately stop at the scene of an accident and shall render to any person injured in the accident reasonable assistance in securing medical aid or transportation.
41.06-ASSUMPTION
OF OPERATOR AND
PASSENGER RISK
Each person who participates in the sport of ORV riding accepts the risks associated with that sport insofar as the dangers are inherent as stated more fully in MCL 324.81133(3).
41.07-IMMUNITY FROM LEGAL LIABILITY
The Village of Dryden does not bear any duty to maintain the “maintained” portion or “unmaintained” portion of any street in a condition reasonably safe and convenient for the operation of ORVs and is therefore not liable for any personal damage or property damage that might arise for the use of an ORV pursuant to this Ordinance.
41.08-PENALTIES and ENFORCEMENT
a) Any person who violates any provision of this ordinance shall be responsible for a municipal civil infraction and shall be subject to a civil fine of not less than $100 nor more than Five Hundred ($500.00) Dollars.
b) In addition to the fine specified above, the appropriate Lapeer County Court may order a person who causes damage to the environment, a road or other property as a result of the operation of an ORV to pay full restitution for that damage above and beyond the penalties for civil fines.
c) The Village may also institute an action for an injunction to ban the operation of an ORV or to ban a person from operating an ORV and any other available lawful remedy or penalty, and the person violating the Ordinance· shall be responsible to pay for the attorney fees, expert fees and other costs and expenses incurred by the Village in such enforcement action.
d) The Village may also institute any other action for injunction, mandamus, abatement or any other appropriate action or actions, proceedings to prevent, enjoin, abate, or remove any violation of this Ordinance, and the person violating the Ordinance shall be responsible to pay for the attorney fees, expert fees and other costs and expenses incurred by the Village in such enforcement action.
e) Officers, deputies, members, and/or agents of the Lapeer County Sheriff’s Department and Dryden Township Police are authorized to enforce this Ordinance and to issue municipal civil infraction citations directing alleged violators of this Ordinance to appear in Court.
41.09-COLLECTION
OF FINES AND
APPROPRIATION OF
FINES COLLECTED
The Village treasurer shall deposit fines collected for a violation of this Ordinance and any damages collected under this ordinance into a fund to be designated as the “ORV fund.” The Village Council shall appropriate revenue in the ORV fund as follows:
(a) Fifty percent to the county sheriff or police department responsible for law enforcement in the
Village for ORV enforcement and training.
(b) Fifty percent to the department responsible for street maintenance in the village.
(c) Revenue appropriated under this Ordinance subsection shall 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 section.
41.10-EFFECTIVE DATE
AND CERTIFICATION
The Ordinance shall become effective upon April 2, 2024.
The undersigned President and Clerk of the Village of Dryden hereby certify that this ordnance was duly adopted by the Village of Dryden Council at a meeting held on the 2nd day of April, 2024.
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