Code of Ordinance
› Chapter 66 — TRAFFIC AND VEHICLES
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