Code of Ordinance
Chapter 66
TRAFFIC AND VEHICLES
Adopted August 30, 2015
Article I
IN GENERAL
Adopted August 30, 2015
Article II
UNIFORM TRAFFIC CODE
Adopted August 30, 2015
Section 66.31
Code and Amendments and Revisions adopted.
Adopted August 30, 2015
The Uniform Traffic Code for Cities, Townships, and Villages as promulgated by the director of the Michigan Department of State Police pursuant to the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328 and made effective October 30, 2002, and all future amendments and revisions to the Uniform Traffic Code when they are promulgated and effective in this state are incorporated and adopted by reference.
Section 66.32
References in Code.
Adopted August 30, 2015
References in the Uniform Traffic Code for Cities, Townships and Villages to a "governmental unit" shall mean the Village of Mayville.
Section 66.33
Notice to be Published.
Adopted August 30, 2015
The Mayville Village clerk shall publish this ordinance in the manner required by law and shall publish, at the same time, a notice stating the purpose of the Uniform Traffic Code for Cities, Townships, and Villages and the fact that a complete copy of the code is available to the public at the office of the clerk for inspection.
Section 66.34
Penalties.
Adopted August 30, 2015
The penalties provided by the Uniform Traffic Code for Cities, Townships, and Villages are adopted by reference. Secs. 66-35—66-50. - Reserved. [3]
Footnotes:
--- (3) --- Editor's note— Entire article newly adopted on December 17, 2002 (Ordinance No. 127).
Article III
MOTOR VEHICLE CODE
Adopted August 30, 2015
Section 66.51
Code and Amendments and Revisions adopted.
Adopted August 30, 2015
The Michigan Vehicle Code, 1949 PA 300, MCL 257.1 to 257.923, and all future amendments and revisions to the Michigan Vehicle Code when they are promulgated and effective in this state are incorporated by reference.
Section 66.52
References in Code.
Adopted August 30, 2015
References in the Michigan Vehicle Code to "local authorities" shall mean the Village of Mayville.
Section 66.53
Notice to be Published.
Adopted August 30, 2015
The Mayville Village clerk shall publish this ordinance in the manner required by law and shall publish, at the same time, a notice stating the purpose of the Michigan Vehicle Code and the fact that a complete copy of the code is available to the public at the office of the clerk for inspection.
Section 66.54
Penalties.
Adopted August 30, 2015
The penalties provided by the Michigan Vehicle Code are adopted by reference, provided, however, that the village may not enforce any provision of the Michigan Vehicle Code for which the maximum period of imprisonment is greater than 93 days. Secs. 66-55—66-60. - Reserved. [4]
Footnotes:
--- (4) --- State Law reference— Stopping, standing and parking of vehicles, MCL 257.672, MSA 9.2372.
Article IV
STOPPING, STANDING AND PARKING
Adopted August 30, 2015
Section 66.61
Penalty.
Adopted August 30, 2015
Any person who violates this article is responsible for a civil infraction, and any person found to have committed a civil infraction may be ordered to pay a civil fine of not more than $100.00 and costs in accordance with section 907 of the Michigan Vehicle Code. For purposes of this section, civil infraction means an act or omission prohibited by law which is not a crime as defined in Public Act No. 328 of 1931, § 5 (MCL 750.5, MSA 28.195), as amended, and for which civil sanctions may be ordered. (Comp. Ords. 1987, § 20.503)
Section 66.62
Presumption regarding responsibility for violations.
Adopted August 30, 2015
The fact that a vehicle which is illegally parked is registered in the name of a person shall be considered prima facie proof that such person was in control of the vehicle at the time of such parking. (Comp. Ords. 1987, § 20.502)
Section 66.63
Overnight parking.
Adopted August 30, 2015
No person shall park any vehicle on any street or highway located within the village between the hours of 2:00 a.m. and 6:00 a.m., with the following exception: Parking shall be allowed on the village streets between April 1 and October I except on Main Street between Lincoln and Trend Streets and Fulton Street between High and Railroad Streets for motor vehicles only. No person shall park any vehicle on property owned by the Village of Mayville or Mayville Downtown Development Authority between the hours of 11:00 p.m. and 7:00 a.m. with the following exceptions:
- 1) A current parking permit has been purchased and visibly displayed in the front window from the Mayville Police Department, or
- 2) Government owned vehicles/equipment and emergency vehicles/equipment. Parking permit(s) shall be issued by the Mayville Police Department and shall be valid for one calendar year (January through December 20XX). Fees for parking permits shall be regulated by resolution of the Mayville Village Council. (Comp. Ords. 1987, § 20.501; Ord. No. 161, 11-17-2009; Amend. of 11-18-2014)
Section 66.64
Two hour parking.
Adopted August 30, 2015
No person shall stand, stop or park any vehicle for a continuous period of longer than two (2) hours between the hours of 8:00 o'clock a.m. and 5:00 o'clock p.m., except on Sundays and holidays, on any of the following streets or highways, or portions thereof, located within the village:
- (a) Main Street from Fulton Street to 145 feet east of Fulton Street;
- (b) Fulton Street from Main Street to 215 feet south of Turner Street; and
- (c) Turner Street from Fulton Street to 120 feet west of Fulton Street. (Ord. No. 141, 5-16-2006)
Section 66.65
Parade and event parking.
Adopted August 30, 2015
The chief of police shall have the authority, when reasonably necessary, to prohibit or restrict the standing, stopping or parking of vehicles on any street or highway located within the village, or portions thereof, constituting a part of the route of a parade or other event or street closing authorized by the Village Council. The chief of police shall post signs to such effect and it shall be unlawful for any person to stand, stop or park any vehicle in violation thereof. (Ord. No. 141, 5-16-2006)
Section 66.66
Conflict.
Adopted August 30, 2015
Any ordinances in conflict with the provisions of this ordinance are, to the extent of such conflict, hereby repealed. (Ord. No. 141, 5-16-2006) Secs. 66-67—66-90. - Reserved.
Article V
OPERATION OF VEHICLES GENERALLY
Adopted August 30, 2015
Section 66.91
Speed limits.
Adopted August 30, 2015
The following speed limits shall be enforced on all streets inside the village limits, as described below:
- (1) Fifty-five miles per hour zones. M-24 (Ohmer Road), from the west village limits to Schott Road. Six-tenths of a mile long.
- (2) Forty-five miles per hour zones. M-24 (Ohmer Road), from Schott Road to the east village limits. Six-tenths of a mile long.
- (3) Twenty-five miles per hour zones. East Main Street, from M-24 (Ohmer Road) to Fulton Street (at the traffic signal). Three-tenths of a mile long. West Main Street, from Fulton Street (at the traffic signal) to the west village limits. Five-tenths of a mile long. North Fulton Street, from the north village limits to Main Street (at the traffic signal). Five-tenths of a mile long. South Fulton Street, from Main Street (at the traffic signal) to the south village limits. Five-tenths of a mile long.
- (4) All other village speed limits are non-posted 25-mph zone limits according to law. All prior ordinances of the Village of Mayville or parts of ordinances in conflict herewith are hereby repealed. (Ord. No. 136, 7-19-2005) Secs. 66-92—66-120. - Reserved. [5] Footnotes: ---
- (5) --- State Law reference— Regulation of motor vehicles on schoolgrounds, MCL 257.961, MSA 9.2660.
Article VI
OPERATION OF VEHICLES ON SCHOOL PROPERTY
Adopted August 30, 2015
Division 1
GENERALLY
Adopted August 30, 2015
Section 66.121
Purpose and scope of article.
Adopted August 30, 2015
The purpose of this article is to regulate the operation of all vehicles of every description while upon property owned or leased by the Mayville Community School District, Tuscola and Lapeer Counties, situated within the village, and to authorize the village police to issue traffic citations or arrest warrants for violations, pursuant to a resolution dated November 20, 1986, from the school district requesting such regulations. (Comp. Ords. 1987, § 20.551)
Section 66.122
Definitions.
Adopted August 30, 2015
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: Motor vehicle means every vehicle which is self-propelled. School means the Mayville Community School District, Tuscola and Lapeer Counties. School property means all real property owned or leased by the Mayville Community School District, Tuscola and Lapeer Counties, situated within the village. Street and roadway mean that portion of a street or highway improved, designed or ordinarily used for vehicular travel, located upon the real property of the Mayville Community School District, Tuscola and Lapeer Counties, situated within the village. Vehicle means every device in, upon or by which any person or property is or may be transported or drawn upon a highway, specifically including every device propelled by human power. (Comp. Ords. 1987, § 20.552) Cross reference— Definitions generally, § 1-2.
Section 66.123
Penalty.
Adopted August 30, 2015
Any person violating any provision of this article shall be responsible for a civil infraction, and any person found to have committed a civil infraction may be ordered to pay a civil fine of not more than $100.00 and costs. (Comp. Ords. 1987, § 20.559)
Section 66.124
Traffic violation tickets.
Adopted August 30, 2015
It shall be the duty of the village police department to enforce all street traffic laws contained in this the duty of the officer issuing the ticket to note the location of the offense, the state of the vehicle registration, the vehicle license number and any other information displayed which may identify the driver, his demeanor, and the manner of operation of the vehicle for purposes of issuing a traffic violation ticket. In all cases, a copy of the traffic violation ticket shall be directly given to the operator of the vehicle. Under circumstances where the owner of the vehicle does not appear or answer to the charge, or fails or refuses to pay a prescribed traffic violation fee within 14 days after issuance of the ticket, inclusive of Saturdays, Sundays and holidays, the village police department shall notify the office of the village attorney and a final notice shall be sent to the owner of the vehicle informing him of the violation, warning that if such notice is disregarded the ticket will be filed with the district court and proceedings will continue pursuant to the Uniform Traffic Code as a civil infraction. (Comp. Ords. 1987, § 20.558)
Section 66.125
Traffic and parking signs.
Adopted August 30, 2015
Whenever, by this article, any traffic regulation is imposed or specified, or parking is prohibited, it shall be the duty of the board of education of the Mayville Community School District to determine the proper placement of and cause to be erected all necessary and appropriate regulatory signs, the contents of which shall provide notice of the applicable traffic or parking regulation. No traffic regulation or prohibition as provided in this article shall be effective unless such signs are erected and in place at the time of any alleged offense in compliance with section 66-126. (Comp. Ords. 1987, § 20.555)
Section 66.126
Traffic and parking diagram.
Adopted August 30, 2015
Whenever, by this article, any traffic regulation is imposed or specified or parking is prohibited, it shall be the duty of the board of education of the Mayville Community School District to maintain a traffic and parking diagram on file in the office of the village clerk, which diagram shall reflect the location of all prohibitions on parking and limitations on traffic movement as contained in this article. This diagram is referred to in this article as schedule I and shall be specifically adopted by the board of education of the Mayville Community School District in order that this article may be properly enforced. No traffic regulation or prohibition as provided in this article shall be effective unless this diagram shall first be on file in the office of the village clerk. All amendments to the original diagram and the original diagram shall remain as a permanent file with the village clerk. (Comp. Ords. 1987, § 20.560) Secs. 66-127—66-140. - Reserved.
Division 2
MOTOR VEHICLE OPERATION
Adopted August 30, 2015
Section 66.141
Vehicles to be operated only on designated roadways.
Adopted August 30, 2015
It shall be unlawful for a person to operate a motor vehicle upon any school property except upon streets and roadways properly designated for vehicular traffic. (Comp. Ords. 1987, § 20.553(A))
Section 66.142
Operation of unlicensed vehicle.
Adopted August 30, 2015
No person shall operate an unlicensed motor vehicle upon any school property. (Comp. Ords. 1987, § 20.553(B))
Section 66.143
Speed.
Adopted August 30, 2015
- (a) All persons operating a motor vehicle upon school property shall drive within a careful and prudent speed not greater than or less than a speed which is reasonable and proper, and in no event shall such speed exceed 25 miles per hour on all roadways and streets maintained by the school.
- (b) It shall be prima facie unlawful for any person to violate or exceed any of the limitations in this section. (Comp. Ords. 1987, § 20.553(C), (D)) Secs. 66-144—66-160. - Reserved.
Division 3
STOPPING, STANDING AND PARKING
Adopted August 30, 2015
Section 66.161
Parking violation tickets.
Adopted August 30, 2015
It shall be the duty of the village police department, whenever any vehicle is found parked in violation of this article, to note the location of the parked vehicle, the state of vehicle registration, the vehicle license number, and any other information displayed which may identify the driver of the vehicle, and to thereafter issue a parking violation ticket, which shall be conspicuously affixed to the illegally parked vehicle, on a form provided by the village clerk. The form ticket shall notify the driver of the vehicle of the need to answer the parking violation charge against him within ten days during certain hours and at a place specified in the ticket. Under circumstances where the owner of the vehicle does not make an appearance or answer to the charge, and fails or refuses to pay a prescribed parking violation fee within ten days after its issuance, inclusive of Saturdays, Sundays and holidays, the village police department shall notify the office of the village attorney and a final notice shall be sent to the owner of the vehicle informing him of the violation and warning that if such notice is disregarded the ticket will be filed with the district court and proceedings will continue pursuant to the Uniform Traffic Code as a civil infraction. (Comp. Ords. 1987, § 20.556)
Section 66.162
Presumption regarding responsibility for violations.
Adopted August 30, 2015
In any prosecution charging a violation of any law or regulation governing the standing or parking of a vehicle, proof that the particular vehicle described in the complaint was parked in violation of any such law or regulation, together with proof that the defendant named in the complaint was at the time of such parking a registered owner of such vehicle, shall constitute in evidence a prima facie presumption that the registered owner of such vehicle was the person who parked or placed such vehicle at the point where, and for the time during which, such violation occurred, or authorized such parking or placement. (Comp. Ords. 1987, § 20.557)
Section 66.163
Stopping, standing and parking prohibited or restricted in certain places.
Adopted August 30, 2015
- (a) Compliance. It shall be unlawful for a person to stand, stop or park a motor vehicle on school property, whether occupied or unoccupied, in violation of this section.
- (b) Parking in place reserved for handicapped persons. No person shall park a vehicle in any place reserved by the school for handicapped persons which displays a sign or is marked with the official international wheelchair symbol or a reasonable facsimile or otherwise, unless the vehicle displays a valid Michigan handicap permit or handicap license plate or a valid temporary disability permit issued by the school.
- (c) Parking in restricted area. No person shall park a vehicle within any parking space, parking lot or parking ramp which is designated by a sign restricting parking to vehicles of the faculty, staff, employees or students of the school, or visitors, or holders of a valid parking permit for that space, lot or ramp, unless the vehicle displays a valid permit issued by the school which authorizes the vehicle to park in the space, lot or ramp.
- (d) Parking in no parking area, traffic lane or pedestrian access. No person shall stand, stop or park a vehicle in an area posted as a no parking area, within any traffic lane, entrance or exit, or upon any other pedestrian access. All areas upon which vehicles of every description may lawfully be parked shall be specifically indicated in schedule I, as noted in section 66-126.
- (e) Parking in fire lane. It shall be unlawful for any person to stop, stand or park a vehicle, whether occupied or unoccupied, in any area designated as a fire lane. Members of the police department are hereby authorized to remove or cause to be removed any such vehicle, trailer or other object to a garage or other place designated or maintained by the police department when such vehicle is illegally left in any fire lane in violation of this section, provided that such fire lanes are clearly discernible as such and are specifically indicated on schedule I, as noted in section 66-126. (Comp. Ords. 1987, § 20.554) Secs. 66-164—66-180. - Reserved. [6]
Footnotes:
--- (6) --- Editor's note— Entire article newly adopted on June 17, 2003 (Ordinance No. 128).
Article VII
LOW SPEED VEHICLES
Adopted August 30, 2015
Section 66.181
Definitions.
Adopted August 30, 2015
Low speed vehicle shall mean a golf cart with a validate ORV sticker when operating upon any roadway of the village. Streets, roadway, or public right-of-way shall mean all public or private ways within the corporate boundaries of the village excluding state or federal highways. Village shall mean the Village of Mayville, Fremont Township, and Tuscola County, Michigan. Driver's license means an operator's or chauffeur's license issued to an individual by the secretary of the state under chapter III of the Michigan Vehicle Code, 1949 PA 300, MCL 257.301 to 257.329, for that individual to operate a vehicle, whether or not conditions are attached to the license or permit. Operator means an individual who operates or is in actual physical control of the operation of a low speed vehicle. Maintained portion for this article includes the gravel shoulder/paved shoulder. All golf cart operating in the village shall mean a vehicle that is designed and manufactured for operation on a golf course for sporting or recreational purposes Validation ORV sticker means a person operating a motorized low speed vehicle shall have a current ORV sticker displayed on the driver's rear fender of the low speed vehicle. ORV Stickers are not required for parades. (Ord. No. 128, 6-17-2003; Ord. No. 128(2); 7-21-2015)
Section 66.182
General Regulation.
Adopted August 30, 2015
- (a) Compliance with Uniform Traffic Code and Chapter III - Michigan Vehicle Code. All low speed vehicles operated on the public ways of the village shall comply with the Uniform Traffic Code for cities, townships and villages as promulgated by the director of state police which is adopted by reference and is made a part of this article as if fully set forth in this article.
- (b) Operation on roadway. A person operating a bicycle, low-speed vehicle, or moped upon a roadway shall ride as near to the right side of the roadway as practicable, exercising due care when passing a standing vehicle or one proceeding in the same direction. A person riding a bicycle, motorcycle, or moped upon a roadway shall not ride more than two abreast except on a path or part of a roadway set aside for the exclusive use of those vehicles. Where a usable and designated path by bicycles is provided adjacent to a roadway, a bicycle rider shall be required to use the path. Low-speed vehicles shall not be operated on a sidewalk constructed for the use of pedestrians.
- (c) All low speed vehicles operated on the public or private ways of the village shall comply with the Uniform Traffic Code for Villages as promulgated by the director of the state police which is adopted by reference and is made a part of this article as if fully set forth in this article.
- (d) No motorized low speed vehicle shall be operated in the village at any time on state or federal highways.
- (e) All persons operating a motorized low speed vehicle shall have a validate ORV sticker and will be displayed on the low speed vehicle. (Ord. No. 128, 6-17-2003; Ord. No. 128(2); 7-21-2015)
Section 66.183
Operation on roadway; speed limit; occupant.
Adopted August 30, 2015
- (a) A low speed vehicle may operate on the far right maintained portion of a street, roadway, or public right-of-way and shall ride as near to the far right side of the maintained portion of roads within the village.
- (b) The maximum speeds at which a low speed vehicle may be operated as permitted, under the provisions of this article is 25 mph or less so as not to cause dust or gravel to leave the road.
- (c) All low speed vehicles are required to have a red reflector on the rear of a type that shall be visible from all distances up to 500 feet to the rear when in front of lawful low beams of headlamps on a motor vehicle. All low speed vehicles are required to display a lighted headlight and lighted taillight beginning January 1, 2010.
- (d) Low speed vehicles shall not be operated in inclement weather or when visibility is impaired by weather, smoke, fog or other conditions, or at any time when there is insufficient light to clearly see persons and vehicle on the roadway at a distance of 500 feet or when roads are snow covered.
- (e) Low speed vehicle shall not be operated on a road or street in a negligent manner. For the purpose of this subsection "to operate in a negligent manner" is defined as the operation of a low speed vehicle in such a manner as to endanger any person or property, or to obstruct, hinder, or impede the lawful course of travel of any motor vehicle or the lawful use by any pedestrian of public streets, sidewalks, paths, trails, walkways, or parks.
- (f) Low speed vehicles shall travel single file, except that a golf cart may travel abreast of another ORV when it is overtaking and passing, or being overtaken and passed by another ORV.
- (g) A low speed vehicle shall not be to [utilized] carry more persons at one time than the number for which it is designed and equipped. (Ord. No. 128(2); 7-21-2015)
Section 66.184
Civil infractions; penalties for violation.
Adopted August 30, 2015
- (a) The village['s] and or the village council's interpretation of the above rules and regulations are final.
- (b) The village council reserves the right to revoke this article at any time.
- (c) Unless a violation of an ordinance is specifically designated in the ordinance as a municipal civil infraction, the violation shall be deemed to be a misdemeanor.
- (d) The penalty for a misdemeanor violation shall be a fine not exceeding $500.00 (plus costs of prosecution), or imprisonment not exceeding 90 days, or both, unless a specific penalty is otherwise provided for the violation by the Code or any ordinance.
- (e) The sanction for a violation which is a municipal civil infraction shall be a civil fine in the amount as provided by the Code or any ordinance, plus any cost, damages, expenses, and other sanctions, as authorized under chapter 87 of Public Act 236 of 1961, as amended, and other applicable laws.
- (1) Unless otherwise specifically provide for, the civil fine for a particular municipal civil infraction violation shall be not less than $100.00, plus costs and other sanctions, for each infraction. Costs shall include all expenses, direct and indirect, to which the village has been put in connection with the municipal civil infraction.
- (2) Increased civil fines may be imposed for repeated violations by a person of any ordinance provision. As used in this article, "repeat offense" means a second (or any subsequent) municipal civil infraction violation (based on the date of the commission of the offense) of the same requirement or provision
- (i) committed by a person within any three-year period (unless some other period is specifically provided by ordinance) and (ii) for which the person admits responsibility or is provided by ordinance for a particular municipal civil infraction violation, the increased fines for a repeat offense shall be as follows: a. No less than $250.00 dollars, plus costs. b. The fine for any offense which is a second repeat offense or any subsequent repeat offense shall be no less than $500.00 dollars, plus costs. c. A "violation" includes any act which is prohibited by any ordinance or any omission or failure to where the act is required by any ordinance. d. Each act of violation and each day on which any violation of any ordinance continues constitutes a separate offense and shall be subject to penalties or sanctions as a separate offense. e. In addition to any remedies available at law, the village may bring an action for an injunction or other process against a person to restrain, prevent, or abate any violation of the ordinance. The penalty or sanction shall be in addition to the abatement of the violating condition, any injunctive relief, revocation of any permit or license, or other process. f. The penalties and sanctions provided by this section, unless another penalty or sanction as expressly provided, shall apply to the amendment of any section of this Code whether or not such penalty or sanction is enacted in the amendatory ordinance. (Ord. No. 128(2); 7-21-2015)
Section 66.185
Severability.
Adopted August 30, 2015
Should any section, subdivision, clause, or phrase of this article be declared by the courts to be invalid, the validity of the article as a whole, or in part, shall not be affected other than the part invalidated. (Ord. No. 128(2); 7-21-2015)
Section 66.186
?66-190. - Reserved.
Adopted August 30, 2015
Article VIII
SNOWMOBILE OPERATION
Adopted August 30, 2015
Section 66.191
Purpose.
Adopted August 30, 2015
The purpose of this article is to regulate the use and operation of snowmobiles, pursuant to the police powers of the village within the village limits. (Ord. No. 152, § 1, 1-20-2009)
Section 66.192
Definitions.
Adopted August 30, 2015
[For the purpose of this article, the following words, terms and phrases, shall have the meanings ascribed to them in this section:] Operate means to ride in or on, or to be in actual physical control of a snowmobile. Operator means any person who operates or is in actual physical control of a snowmobile. Owner means any of the following:
- (1) A person who holds the legal title to a snowmobile in his or her name;
- (2) A vendee or lessee of a snowmobile that is subject of an agreement for conditional sale or lease thereof, with the right to purchase on performance of the conditions stated in the agreement and with an immediate right of possession vested in the conditional, vendee or lessee;
- (3) A person renting a snowmobile or having the exclusive use of a snowmobile for more than 30 days. Public property means property owned, leased or otherwise controlled by the Village of Mayville, including, but not limited to, cemeteries, burial grounds, parks, recreational areas and parking lots. Snowmobile means a motor-driven vehicle which is designed for travel primarily on snow or ice and which utilizes sled-type runners or skis, an endless belt tread or a combination of sled-type runners, skis, endless belt or other similar means of contact with the surface on which it is operated. Street means the entire width between the boundary lines of every right-of-way, including the shoulders and nonpaved areas thereof, which is publicly maintained within the Village of Mayville, and which is open to the use of the public for purposes of vehicular travel. (Ord. No. 152, § 2, 1-20-2009)
Section 66.193
Registration, certificate and display.
Adopted August 30, 2015
- (a) A snowmobile shall not be operated within the boundaries of the Village of Mayville unless and until it is registered by the owner, pursuant to Act No. 58 of the Public Acts of Michigan of 1995 (MCL 324.82101 et seq.), as amended, except that the following snowmobiles maybe operated without being registered:
- (1) A snowmobile operated exclusively on lands owned by or under the control of the snowmobile owner;
- (2) A snowmobile used exclusively in an approved safety education and training program conducted by a certified snowmobile safety instructors; or
- (3) A snowmobile that is exclusively operated in a special event of limited, duration, which is conducted according to a pre-arranged schedule under a permit from the Village of Mayville.
- (b) A certificate of registration issued by the State of Michigan shall be carried on the snowmobile when it is in operation and shall be displayed on demand of a law enforcement officer. If the certificate is lost, mutilated or illegible, the owner shall immediately obtain a duplicate certificate by application to the secretary of state.
- (c) The registration decal shall be prominently displayed on each side of the forward half of the cowl above the foot-well of the snowmobile, unless the snowmobile is operated exclusively on lands owned or under the control of the snowmobile owner or for a snowmobile used exclusively in a safety education and training program. (Ord. No. 152, § 3, 1-20-2009)
Section 66.194
Equipment.
Adopted August 30, 2015
- (a) A snowmobile shall be equipped with brakes, which are capable of stopping the snowmobile not more than 40 feet from an initial steady speed of 20 miles per hour and which locks the snowmobile traction belt or belts, while the snowmobile travels on packed snow and carries an operator who weighs 175 pounds or more.
- (b) A snowmobile shall be equipped with one head light and one tail light, and the lights shall be illuminated when the snowmobile is operated between one-half hour before sunset and one-half hour after sunrise.
- (c) A snowmobile shall be equipped with a muffler in good, working order and in constant operation from which noise emission at 50 feet at right angles from the vehicle path under full throttle does not exceed 86 DBA, decibels on the A scale, on a sound meter having characteristics defined by the American standards association S1, 4-1966, "general purpose sound meter." All snowmobiles manufactured after February 1, 1972, and operated in this governmental unit shall not exceed 82 DBA of the 1970 society of automotive engineers code J-192a. A snowmobile manufactured after July 1, 1977, and sold or offered for sale in this state shall not exceed 78 decibels of sound pressure at 30 feet as measured under the 1974 society of automotive engineers code j-192a, this subdivision does not apply to a snowmobile which is being used in an organized race on a course which is used for racing. (Ord. No. 152, § 4, 1-20-2009)
Section 66.195
Operation.
Adopted August 30, 2015
- (a) No person shall operate a snowmobile upon any public property, railroad right-of-way or public utility area, except as follows:
- (1) Snowmobiles may be operated in these areas in the performance of official duties for law enforcement.
- (2) Snowmobiles may be operated in these areas during a period of emergency or when travel by conventional automotive equipment is not possible as declared by a police agency having jurisdiction.
- (3) Snowmobiles may be operated in these areas for a special, snowmobile event of limited duration, which is conducted according to a pre-arranged schedule under a permit from the Village of Mayville.
- (b) No person shall operate a snowmobile upon any sidewalk or municipal right-of-way within the village, unless it becomes necessary to cross that sidewalk or right-of-way. However, the snowmobile shall be brought to a complete stop before entering the sidewalk or right-of-way and the operator shall yield to all approaching pedestrians and motorized and nonmotorized vehicles. A person who is at least 12 years of but less than 16 years of age may cross a street only if he or she has a valid snowmobile safety certificate in his or her immediate possession.
- (c) Snowmobiles shall only be operated upon the streets, alleys or other public roadways of the village as follows:
- (1) Snowmobiles shall only be operated in these areas between the hours of 7:00 a.m. and 11:00 p.m.
- (2) When operating snowmobiles in these areas, they shall only be driven along the extreme right side of the proper lane of traffic for that street, alley or other public roadway.
- (d) When two or more snowmobiles are operated together, they shall be driven in single file.
- (e) No person shall operate a snowmobile while under the influence of alcoholic liquor, a controlled substance, or a combination thereof.
- (f) No person shall operate a snowmobile on private property without the consent of the property owner or his or her agent.
- (g) No person shall operate or ride a snowmobile without wearing a crash helmet on his or her head, unless such person is riding or operating the snowmobile on his or her own private property.
- (h) No person shall operate a snowmobile with more than the designated occupant/passenger capacity.
- (i) No person shall operate a snowmobile within 100 feet of a slide, ski or skating area. However, a snowmobile may enter such an area for the purpose of servicing that area for medical emergencies.
- (j) No person shall use a snowmobile to hunt, pursue, injure or kill a wild bird or animal.
- (k) No person shall transport a bow or firearm on a snowmobile unless the bow is unstrung or the firearm is securely encased or equipped with, and made inoperative by a manufactured, key-locked, trigger- housing mechanism.
- (l) The owner of a snowmobile shall not permit his or her snowmobile to be operated in violation of the provisions of this article. (Ord. No. 152, § 5, 1-20-2009)
Section 66.196
Age restrictions.
Adopted August 30, 2015
- (a) A parent or legal guardian shall not permit a child who is under the age of 12 years to operate a snowmobile except, on land owned by or under the control of the parent or legal guardian. An operator under the age of 12 shall not cross a street.
- (b) A person who is 12 to 17 years of age may operate, a snowmobile if:
- (1) He or she is under the direct supervision of a person who is not less than 21 years of age.
- (2) He or she has in his or her immediate possession a snowmobile safety certificate issued by the State of Michigan or under authority of law of another state or the Province of Canada.
- (3) He or she is traveling upon land owned or controlled by his or her parent or legal guardian. (Ord. No. 152, § 6, 1-20-2009)
Section 66.197
Accident, notice and liability.
Adopted August 30, 2015
- (a) The operator of a snowmobile who is involved in an accident which results in injury to or the death of any person, or property damage which is estimated to exceed $100.00, shall immediately notify the Village of Mayville Police Department, the county sheriff department or the Michigan Department of State Police.
- (b) The Village of Mayville Police Department shall complete a report of the accident on a form prescribed by the State of Michigan and shall forward the report to the state police within 14 days. A copy of the accident report shall be retained by the Village of Mayville for not less than three years.
- (c) Any snowmobile operated within the Village of Mayville will be presumed to be operated with the consent of the owner.
- (d) The owner of a snowmobile may be held jointly and severally liable with the operator of said snowmobile. (Ord. No. 152, § 7, 1-20-2009)
Section 66.198
Violation, arrest and confiscation.
Adopted August 30, 2015
- (a) A person who violates this article is guilty of a civil infraction, unless such violation constitutes a felony as set forth under the laws of the State of Michigan.
- (b) The operator of a snowmobile who is given a visual or audible signal by hand, voice, emergency light or siren, by a uniformed law enforcement officer who is acting in the lawful performance of his or her duties, which directs, the operator to bring his or her snowmobile to a stop, shall do so. An operator shall not willfully fail to obey the directives by increasing his or her speed, extinguishing his or her lights or otherwise attempting to flee or elude the law enforcement officer.
- (c) If a law enforcement officer has reasonable cause to believe that a person was, at the time of an accident the operator of a snowmobile involved in the accident and was driving the snowmobile while under the influence of alcoholic liquor, a controlled substance or a combination thereof, the police officer may arrest the alleged operator of the snowmobile without an arrest warrant.
- (d) A snowmobile operated contrary to or in violation of any provision of this article or Public Act 58 of the Public Acts of Michigan 1995, as amended, by someone other than the owner of the snowmobile, who can/prove such ownership, or any snowmobile operated with defective equipment, may be confiscated at the direction of a law enforcement officer. In the event a snowmobile is confiscated, the owner of the snowmobile must prove ownership of the snowmobile and pay any and all costs associated with the transportation, towing and storage of the snowmobile before it will be released to him or her. (Ord. No. 152, § 8, 1-20-2009) [1]
Footnotes:
--- (1) --- Cross reference— Administration, ch. 2; buildings and building regulations, ch. 18; community development, ch. 26; environment, ch. 30; health and sanitation, ch. 38; solid waste, ch. 54; streets, sidewalks and other public places, ch. 62. State Law reference— Ownership and operation of water supply or sewage disposal facility by village, Mich. Const. art. 7, § 24; authority to provide and regulate sewer and water service, MCL 324.4301 et seq., MSA 13A.4301 et seq.; collection of water and sewerage charges, MCL 123.161 et seq., MSA 5.2531(1) et seq.; water and sewer authorities, MCL 124.281 et seq., MSA 5.2769(51) et seq.