ORDINANCE #14-2015 Snowmobiles

ORDINANCE NUMBER 14-2015

AN ORDINANCE TO REGULATE THE OPERATION OF

SNOWMOBILES WITHIN THE VILLAGE

Sec. 1  Purpose

The purpose of this ordinance is to regulate the operation of snowmobiles within the Village of Barryton

Sec. 2 Definitions               

For the use in this ordinance the following terms are defined:

1. Snowmobile” means a motorized vehicle weighing less than one thousand (1,000) pounds which uses sled type runners or skis, endless belt-type tread, or any combination of runners, skis, or tread, and is designed for travel on snow or ice.

 

Sec. 3 Snowmobile Regulation

Snowmobiles established by the Natural Resource Commission of the Department of Natural Resources governing their registration, numbering, equipment and manner of operation.

A snowmobile shall not be operated by a Michigan resident unless the owner first obtains a certificate of registration and a registration decal.

It is unlawful to operate a snowmobile without having a valid registration sticker permanently attached and visibly displayed on the forward half of the snowmobile.

A standard helmet must be worn by any person riding a snowmobile in the village whether on Village or private property.

  1. Legal Operators

A person 17 years or older.

A person under the age of 12, may not:

    1. Operate a snowmobile without the direct supervision of the parent or guardian except on property owned by the parent
    2. Cross a highway or street.

A person at least the age of 12 but less than 17 years of age may operate a snowmobile inside the Village limits if they have in their immediate possession a valid Snowmobile Safety Certificate.

2. Places of Operation

The operators of snowmobiles shall comply with the following restrictions as to where snowmobiles may be operated within the Village:

A. Streets and Manner of Operation: Operators may travel with the flow of traffic, single file, on the far right side of any Village street or Alley, obey all traffic signals and signs, provided there is at least ½” of snow on the roadway.

4. Prohibited Areas

 

The operators of snowmobiles shall comply with the following restrictions as to where snowmobiles are prohibited to be operated within the Village:

Parks and Other Village Land

Snowmobiles shall not be operated in any park, playground or upon any other Village-owned property.  A snowmobile shall not be operated on any Village land without a snow cover of at least ½ of an inch.

Sidewalk

Snowmobiles shall not be operated upon a public sidewalk or that portion of the street located between the curb line and the sidewalk or property line commonly referred to as the “parking” except for purpose of crossing the same public street.

Private Property

Snowmobiles shall not be operated on the property, yard, driveway, or any other portion of a village resident’s private property without the operator first obtaining permission from the property owner.  (i.e. cutting through yards)  A snowmobile shall not be operated on any private property without a snow cover of at least ½ of an inch.

 

5. Hours of Operation

 

Snowmobiles shall be operated in the Village only between the hours of six o’clock (6:00) a.m. through twelve o’clock midnight on Sunday through Thursday and from six o’clock (6:00) a.m. Friday and Saturday through two o’ clock (2:00) a.m. Saturday and Sunday except for emergency situations or for loading and unloading from a transport trailer.

 

6. Negligence

 

The owner and operator of a snowmobile are liable for any injury or damage occasioned by the negligent operation of the snowmobile.  The owner of a snowmobile shall be liable for any such injury or damage only if the owner was the operator of the snowmobile at the time the injury or damage occurred or if the operator had the owner’s consent to operate the snowmobile at the time the injury or damage occurred.

 

Sec.6 Penalties

(1)           The penalty for a violation of this ordinance shall be a Village civil infraction with a fine of not less than $25 dollars and not more than $500, plus costs of not less than $9 and not more than $500. Costs may include all expenses, direct and indirect, to which the Village has been put in connection with the Village civil infraction up to the entry of judgment. The Village may seek or employ all other remedies and sanctions available under state law for municipal civil infractions.

(2)           The penalty for repeat offenses of the same ordinance provision within two years of a prior offense shall be a fine of not less than $50 and not more than $1,000, plus costs and all other remedies and sanctions available under state law for municipal civil infractions.

Section 7:  Severability

The provisions of the Ordinance are hereby declared to be severable, and if any part is declared invalid for any reason by a Court of competent jurisdiction, it shall not affect the remainder of the Ordinance which shall continue in full force and effect.

Sec. 8 Notice to be published

The Village clerk shall publish this ordinance in the manner required by law.

THIS ORDINANCE SHALL TAKE EFECT THIRTY (30) DAYS AFTER PUBLICATION. ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT ARE HEREBY REPEALED.

I hereby certify to the adoption of this ordinance at the April 8, 2015council meeting and cause the same to be published as required by law.

 

5 Yeas      0 Nays        Ordinance declared adopted.

 

Published April 17, 2015     Effective Date May 8, 2015

 

 

___Jennifer Trelfa___________

Village Clerk

 

____Deb Buehner_____________

Village President