CRAWFORD COUNTY SNOWMOBILE
 ORDINANCE 2001-1

 

2001-1-82101 Definitions.

"Conviction" means a final conviction, the payment of a fine, a plea of guilty or nolo contendere if accepted by the court, or a finding of guilt or probate court disposition on a violation of this part, regardless of whether the penalty is rebated or suspended.

"Former section 15a" means section 15a of former 1968 PA 74, as constituted prior to May 1, 1994.

"Highly restricted personal information" means an individual’s photograph or image, social security number, digitized signature, and medical and disability information.

"Highway or street" means the entire width between the boundary lines of every way publicly maintained if any part thereof is open to the use of the public for purposes of vehicular travel.

"Law of another state" means a law or ordinance enacted by another state or by a local unit of government in another state.

"Law Enforcement Officer" means a member of a police force or other organization of the County of Crawford, any township, village or city in Crawford County or of the State of Michigan regularly employed as such and is certified as a peace officer in the State of Michigan, who regularly is charged with the prevention and detection of crime and enforcement of the general criminal laws of the state and any non-certified individual specially deputized by the Crawford County Sheriff specifically for the purpose of enforcing this snowmobile ordinance on a seasonal basis.

"Operate" means to ride in or on and be in actual physical control of the operation of a snowmobile.

"Operator" means any person who operates or is in actual physical control of the operation of a snowmobile.

"Owner" means any of the following:

A person who holds the legal title to a snowmobile.

A vendee or lessee of a snowmobile that is the subject of an agreement for conditional sale or lease with the right of purchase upon performance of the conditions stated in the agreement and with an immediate right of possession vested in the conditional vendee or lessee.

A person renting a snowmobile or having the exclusive use of a snowmobile for more than thirty (30) days.

"Personal information" means information that identifies an individual, including an individual’s driver identification number, name, address not including zip code, and telephone number, but does not include information on snowmobile operation or equipment-related violations or civil infractions, operator or snowmobile registration status, accidents or other behaviorally-related information.

"Probate court or family division disposition" means the entry of a probate court order of disposition or family division order of disposition for a child found to be within the provisions of chapter XIIA of 1939 PA 288, MCL 712A.1 to 712A.32.

"Prosecuting attorney", except as the context requires otherwise, means the attorney general, the prosecuting attorney of a county, or the attorney representing a local unit of government.

"Right-of-way" means that portion of a highway or street less the roadway and any shoulder.

"Roadway" means that portion of a highway or street improved, designated, or ordinarily used for vehicular travel. IF a highway or street includes two (2) or more separate roadways, the term roadway refers to any such roadway separately, but not to all such roadways collectively.

"Shoulder" means that portion of a highway or street on either side of the roadway that is normally snowplowed for the safety and convenience of vehicular traffic.

"Snowmobile" means any motor-driven vehicle designed for travel primarily on snow or ice of a type that utilizes sled-type runners or skis, an endless belt tread, or any combination of these or other similar means of contact with the surface upon which it is operated, but is not a vehicle that must be registered under the Michigan vehicle code, 1949 PA 300, MCL 257.1 to 257.923.

2001-1-82103 Certificate of registration and registration decal required; exceptions; violation; penalty.

 

(1) Except as otherwise provided, a snowmobile shall not be operated unless the owner first obtains a certificate of registration and a registration decal, which shall be carried and displayed as required by state law. The certificate of registration shall be secured at the time of purchase of transfer of ownership. A certificate of registration or a registration decal is not required for a snowmobile operated exclusively on lands owned or under the control of the snowmobile owner or for a snowmobile used entirely in a safety education and training program conducted by a certified snowmobile safety instructor and authorized pursuant to section 82108 of the Michigan Snowmobile Act (MCLA 324.82108).

 

The certificate or registration shall contain the number awarded to the snowmobile, the name and address of the owner, and other information the department of state considers necessary. The certificate of registration shall be pocketsize, shall accompany the vehicle, shall be legible, and shall be made available for inspection upon demand by any officer authorized to enforce the snowmobile ordinance.

 

(3) A person who is convicted of a violation of this section shall be subject to a civil fine of not more than $50.00.

 

2001-1-82104 Special event: certificate of registration or registration decal not required.

A certificate of registration or a registration decal is not required for a snowmobile that is exclusively operated in a special event of limited duration conducted according to a prearranged schedule under a permit from the governmental unit having jurisdiction.

2001-1-82113 Registration decal.

The owner of a snowmobile shall affix to each side of the forward half of the cowl above the foot well of the snowmobile the registration decal assigned to that snowmobile. The registration decal shall be displayed as prescribed by the state law.

2001-1-82118 Michigan snowmobile trail permit.

 

In addition to registration of a snowmobile required by the State of Michigan or registration in another state or province, except as otherwise provided in this section, a person who desires to operate a snowmobile in this state shall purchase a Michigan snowmobile trail permit sticker, which shall be affixed or displayed as required by state law.

2001-1-82119 Operation of snowmobiles prohibited; exceptions.

 

A person shall not operate a snowmobile upon a public highway, land used as an airport or street, or on a public or private parking lot not specifically designated for the use of snowmobiles except under the following conditions and circumstances:

A snowmobile may be operated on the right-of-way of a public highway, except a limited access highway, if it is operated at the extreme right of the open portion of the right-of-way and with the flow of traffic on the highway. However, a snowmobile may be operated on the right-of-way of a public highway against the flow of traffic if the right-of-way is a snowmobile trail designated by state law. Snowmobiles operated on the right-of-way of a public highway, as provided in this subdivision, shall travel single file and shall not be operated abreast except when overtaking and passing another snowmobile. In the absence of a posted snowmobile speed limit, a snowmobile operated on the right-of-way of a public highway, as provided in this subdivision, shall be limited to thirty five (35) miles per hour.

A snowmobile may be operated on the roadway or shoulder when necessary to cross a bridge or culvert if the snowmobile is brought to a complete stop before entering onto the roadway or shoulder and the driver yields the right-of-way to an approaching vehicle on the highway.

In a court action in this state where competent evidence demonstrates that a vehicle that is permitted to be operated on a highway pursuant to the Michigan vehicle code, Act No. 300 of the Public Acts of 1949, being sections 257.1 to 257.923 of the Michigan Compiled Laws, is in a collision with a snowmobile on a roadway, the driver of the snowmobile involved in the collision shall be considered prima facie negligent.

A snowmobile may be operated across a public highway other than a limited access highway, at right angles to the highway, for the purpose of getting from one (1) area to another when the operation can be done in safety and another vehicle is not crossing the highway at the same time in the same general area. An operator shall bring his or her snowmobile to a complete stop before proceeding across the public highway and shall yield the right-of-way to all oncoming traffic.

Snowmobiles may be operated on a highway in the Crawford County road system that is not normally snowplowed for vehicular traffic and on the plowed right-of-way or shoulder when no right-of-way exists on a snowplowed highway in the Crawford County road system, outside the corporate limits of a city or village, that is designated and marked for snowmobile use by the Crawford County Road Commission.

Any law enforcement officer as defined herein may authorize use of a snowmobile on a public highway or street within his or her jurisdiction when an emergency occurs and conventional motor vehicles cannot be used for transportation due to snow or other extreme highway conditions.

A snowmobile may be operated on a highway or street for a special event of limited duration conducted according to a prearranged schedule only under permit from the governmental unit having jurisdiction. The event may be conducted on the frozen surface of public waters only in accordance with state law.

A city or village by ordinance may designate one (1) or more specific public highways or streets within its jurisdiction as egress and ingress routes for the use of snowmobiles. A city or village acting under the authority of this subdivision shall erect and maintain, in accordance with the Michigan manual of uniform traffic control devices standards, a sign unit giving proper notice of the designation.

2001-1-82120 Supervision of child less than twelve (12) years of age; exception; conditions for operation of snowmobile per person twelve (12) but less than seventeen (17) years of age; snowmobile safety certificate; crossing highway or street; duty of snowmobile owner; report of violation; suspension of certificate.

A parent or legal guardian shall not permit his or her child who is less than twelve (12) years of age to operate a snowmobile without the direct supervision of an adult except on land owned or under the control of the parent or legal guardian.

A person who is at least twelve (12) but less than seventeen (17) years of age may operate a snowmobile if one (1) of the following conditions exist:

The person is under the direct supervision of a person who is twenty-one (21) years of age or older.

The person has in his or her immediate possession a snowmobile safety certificate issued pursuant to state law.

The person is on land owned or under the control of his or her parent or legal guardian.

The person possesses a snowmobile safety certificate issued to the person under the authority of a law of another state or province of Canada.

A person who is operating a snowmobile pursuant to subsection (2)(b) shall present the snowmobile safety certificate to any uniformed enforcement officer, as defined herein, upon demand.

Notwithstanding the aforesaid operator who is less than twelve (12) years of age shall not cross a highway or street. An operator who is at least twelve (12) years of age but less than seventeen (17) years of age may cross a highway or street only if he or she has a valid snowmobile safety certificate in his or her immediate possession.

The owner of a snowmobile shall not permit the snowmobile to be operated contrary to this section.

When the judge of a juvenile court determines that a person who is less than seventeen (17) years of age has violated this part, the judge shall immediately report the determination to the Michigan Department of State, which upon receiving a notice of a determination pursuant to this subsection may suspend the snowmobile safety certificate without a hearing.

2001-1-82121 Use of snowmobile to hunt wild bird or animal.

A snowmobile shall not be used to hunt, pursue, worry, or kill a wild bird or animal.

2001-1-82122 Lights and brakes; minimum safety standards; certification as proof of compliance.

A snowmobile shall not be operated unless it has at least one (1) headlight, one (1) taillight, and adequate brakes capable, while the snowmobile travels on packed snow and carries an operator who weighs one hundred seventy five (175) pounds or more, of stopping the snowmobile in not more than forty (40) feet from an initial stead speed of twenty (20) miles per hour or of locking the snowmobile’s traction belt or belts.

A person shall not sell or offer to sell in the County of Crawford a snowmobile manufactured after July 1, 1978, unless it meets the minimum safety standards for snowmobile product certification of the snowmobile safety and certification committee’s November 23, 1976, volume 3, safety standards for snowmobiles for product certification, including detailed standard supplement and test specifications and procedures, covering machine sound levels, seats, controls, brake systems, fuel systems, shields and guards, electrical systems and lighting, reflectors, handgrips, and general hazard requirements. Proof of compliance with this section shall be in the form of certification by a qualified independent testing company that is not affiliated with the manufacturer and is approved by the Michigan Department of State.

2001-1-82123 Crash helmet required.

A person operating or riding on a snowmobile shall wear a crash helmet on his or her head. Crash helmets shall be approved by the United States Department of Transportation. This section does not apply to a person riding on or operating a snowmobile on his or her own private property.

2001-1-82126 Operation of snowmobile; prohibitions; construction, operation and maintenance of snowmobile trail; conditions; "operate" defined; prohibited conduct; assumption of risk.

A person shall not operate a snowmobile under any of the following circumstances:

 

At a rate of speed greater than is reasonable and proper having due regard for conditions then existing.

In a forest nursery, planting area, or public lands posted or reasonably identifiable as an area of forest reproduction when growing stock may be damaged or posted or reasonably identifiable as a natural dedicated area.

On the frozen surface of public waters within one hundred (100) feet of a person, including a skater, not in or upon a snowmobile or within one hundred (100) feet of a fishing shanty or shelter except at the minimum speed required to maintain forward movement of the snowmobile or on an area which has been cleared of snow for skating purposes unless the area is necessary for access to the public water.

Without a muffler in good working order and in constant operation from which noise emission at fifty (50) feet at right angles from the vehicle path under full throttle does not exceed 86 DBS, decibels on the "a" scale, on a sound meter having characteristics defined by American standards association S1, 4-1966 "general purpose sound meter". A snowmobile manufactured after July 1, 1977, and sold or offered for sale in this state shall not exceed seventy eight (78) decibels of sound pressure at fifty (50) feet as measured under the 1974 society of automobile engineers code J-192a. This subdivision does not apply to a snowmobile that is being used in an organized race on a course, which is used solely for racing.

Within one hundred (100) feet of a dwelling between twelve (12) midnight and six (6) a.m., at a speed greater than the minimum required to maintain forward movement of the snowmobile.

In an area on which public hunting is permitted during the regular November firearm deer season from seven (7) a.m. to eleven (11) a.m. and two (2) p.m. and five (5) p.m., except during an emergency, for law enforcement purposes, to go to and from a permanent residence or a hunting camp otherwise inaccessible by a conventional wheeled vehicle, or for the conduct of necessary work functions involving land and timer survey, communication and transmission line patrol, and timber harvest operations, or on the person’s own property or property under the person’s control or as an invited guest.

While transporting on the snowmobile a bow, unless unstrung or encased, or a firearm, unless unloaded in both barrel and magazine and securely encased.

On or across a cemetery or burial ground.

Within one hundred (100) feet of a slide, ski, or skating area except when traveling on a country road right-of-way pursuant to section 82119 or a designated and signed snowmobile trail. A snowmobile may enter such an area for the purpose of servicing the area or for medical emergencies.

On a railroad or railroad right-of-way. This prohibition shall not apply to railroad personnel, public utility personnel, law enforcement personnel while in the performance of their duties, and persons using a snowmobile trail located on or along a railroad right-of-way, or an at-grade snowmobile trail crossing of a railroad right-of-way, which has been expressly approved in writing by the owner of the right-of-way and each railroad company using the tracks and which meets the conditions imposed in subsections (2) and (3). A snowmobile trail or an at-grade snowmobile trail crossing shall not be constructed on a right-of-way designated by the federal government as a high-speed rail corridor.

Notwithstanding section 82101, for purposes of this section, "operate" means to cause to function, run, or manage.

A person shall not alter, deface, damage, or remove a snowmobile trail sign or control device.

Each person who participates in the sport of snowmobiling accepts the risks associated with that sport insofar as the dangers are obvious and inherent. Those risks include, but are not limited to, injuries to persons or property that can result from variations in terrain; surface or subsurface snow or ice conditions; bare spots; rocks, trees and other forms of natural growth or debris; or collisions with signs, fences, or other snowmobiles or snow-grooming equipment. When a snowmobile is operated in the vicinity of a railroad right-of-way, each person who participates in the sport of snowmobiling additionally assumes risks including, but not limited to, entanglement with tracks, switches, and ties and collisions with trains and other equipment and facilities.

2001-1-82126a Operation of snowmobile; prohibited conduct.

A Person shall not operate a snowmobile upon a highway, public trail, frozen surface of a public lake, stream, river, pond, or another public place, including but not limited to an area designated for the parking of snowmobiles or other motor vehicles, in a careless or negligent manner likely to endanger any person or property.

 

2001-1-82126b Operation of snowmobile; prohibited conduct.

 

A person shall not operate a snowmobile upon a highway, public trail, frozen surface of a public lake, stream, river, pond, or another public place, including, but not limited to, an area designated for the parking of snowmobiles or other motor vehicles, in willful or wanton disregard for the safety of persons or property.

2001-1-82131 Display of lighted headlight and taillight required; applicability of section to snowmobile twenty-five (25) years or older.

A person shall not operate a snowmobile without displaying a lighted headlight and a lighted taillight.

This section does not apply to a snowmobile of a model year twenty-five (25) years old or older.

2001-1-82132 Accidents; notice; reports.

The operator of a snowmobile involved in an accident resulting in injuries to or the death of any person or property damage in an estimated amount of one hundred dollars ($100.00) or more shall immediately by the quickest means of communication notify a state police officer or officers, the Sheriff’s Office of Crawford County, or the office of the police department of the local unit of government in which the accident occurred. The police agency receiving the notice shall complete a report of the accident on forms prescribed by the director of the department of state police and forward the report to the department of state police within fourteen (14) days after the date of the accident. The department of state police shall forward a copy of all snowmobile accident reports to the department within fourteen (14) days after receipt of the accident report.

2001-1-82133 Violation of part; civil infraction.

Except as otherwise provided herein, a person who violates any provision of this ordinance shall be subject to a civil fine of not more than five hundred dollars ($500.00) and court costs.

2001-1-82134 Violations; appearance tickets; presumption.

A law enforcement officer, as defined herein, may issue appearance tickets for violations of this ordinance.

In a proceeding for a violation of this part involving prohibited operation or conduct, the registration number displayed on a snowmobile constitutes prima facie evidence that the owner of the snowmobile was the person operating the snowmobile at the time of the offense.

2001-1-82135 Failure to stop on signal of uniformed officer; identification of official vehicle.

An operator of a snowmobile who is given by hand, voice, emergency light, or siren a visual or audible signal by a peace, police, conservation or other law enforcement officer, as defined here, acting in the lawful performance of his or her duty, directing the operator to bring his or her snowmobile to a stop, and who willfully fails to obey the direction by increasing his or her speed or extinguishing his or her lights, or who otherwise attempts to flee or elude the officer, is guilty of a civil infraction. The officer giving the signal shall be in uniform. A vehicle or snowmobile, which is used by such an officer at night for purposes of enforcing this part, shall be identified as an official law enforcement vehicle or snowmobile.

2001-1-82147a Suspension or revocation of operator’s or chauffeur’s license; operation of snowmobile prohibited.

If the operator’s or chauffeur’s license of a person who is a resident of this state is suspended or revoked by the secretary of state under the Michigan vehicle code, 1949 PA 300, MCL 257.1 to 257.923, or if the driver license of a person who is a nonresident is suspended or revoked under the law of the state in which he or she resides, that person shall not operate a snowmobile under this part for the same period.

 

Effective Thursday January 11th, 2001

 

Ordinances

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