VILLAGE OF MARCELLUS, CASS COUNTY, MICHIGAN: ORDINANCE NO. 242
ORDINANCE AUTHORIZING AND
REGULATING THE OPERATION OF
OFF-ROAD VEHICLES (ORV’S) ON
PUBLIC STREETS AND ALLEYS IN THE VILLAGE OF MARCELLUS
AUTHORIZATION OF ORV’S ON THE
VILLAGE STREETS AND ALLEYS
Ordinance No. 242
Adopted: August 9, 2022
The Village of Marcellus ordains:
Section 1. Definitions.
As used in this ordinance, the following definitions shall apply:
a) “ATV” means a vehicle with three 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 to 1,000cc gasoline engine or an engine of comparable size using other fuels.
b) “Village” means the Village of Marcellus.
c) “Visual Supervision” means the direct visual observation of the operator with the unaided or normally corrected eye, where the observer is able to come to the immediate aid of the operator.
d) “Driver’s License” means any driving privileges, license, temporary instruction permit, or temporary license issued under the laws of any state, territory or possession of the United States, Indian country as defined in 18 USC 1151, the District of Columbia, the Dominion of Canada and Mexico pertaining to the licensing of persons to operate motor vehicles.
e) “Maintained Portion” means the street and any shoulder of a street.
f) “Operate” means to ride in or on, and be in actual physical control of, the operation of an ORV.
g) “Operator” means a person who operates or is in actual physical control of the operation of an ORV.
h) “ORV” means a motor-driven off-road recreation vehicle capable of cross- country travel without benefit of a road, street or trail, on or immediately over land, snow, ice, marsh, swampland, or other natural terrain. ORV includes, but is not limited to, a multitrack or multi-wheel drive vehicle, a motorcycle or related 2-wheel vehicle, a vehicle with three or more wheels, an amphibious machine, a ground effect air cushion vehicle, or other means of transportation. An ATV is an ORV.
ORV does not include a snowmobile, a farm vehicle being used for farming, a vehicle used for military, fire, emergency, or law enforcement purposes, a vehicle owned by a utility company or an oil or gas company when performing maintenance on its facilities or on properly over which it has an easement, a construction or logging vehicle used in the performance of its common function, or a registered aircraft.
i) “Street” or “Streets” means a Village major or local street as described in Section 5 of 1951 PA 51, as amended, MCL 247.659, or a segment thereof. A Street does not include any bike path, sidewalk or recreational trail, unless a trail has been designated for ORV.
j) “Safety Certificate” means a certificate issued pursuant to 1994 PA 451, as amended, MCL 324.81130, or a comparable ORV safety certificate issued under the authority of another state or a province of Canada or Mexico.
k) “Code” means the Michigan Motor Vehicle Code, 1949 PA 300, MCL 257.1 et seq. as amended.
Section 2. Operating Conditions.
Except as set forth herein or otherwise provided by law, an ORV meeting all of the following conditions may be operated on all Streets and alleys in the Village of Marcellus:
a) At a speed of no more 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 Street.
c) With the flow of traffic.
d) In a manner which does not interfere with traffic on the street.
e) Traveling single file, except when overtaking and passing another ORV.
f) While displaying a securely attached white-lighted headlight and red-lighted taillight with brake light at all times.
g) By a person not less than 16 years of age.
h) An ORV shall not be operated pursuant to this ordinance during the period of 30 minutes before sunset to 30 minutes after sunrise or when visibility is substantially reduced due to weather conditions unless displaying a lighted headlight and lighted taillight.
i) A child who is less than 16 years of age shall not operate a 3-wheeled ORV.
j) The ORV shall be 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; a red brake light, brighter than the taillight, visible from behind the vehicle when the brake is activated, and a throttle so designed that when the pressure used to advance the throttle is removed, the engine speed will immediately and automatically return to idle.
k) The ORV shall be equipped with at least one mirror securely mounted and positioned on the ORV in such a manner to be able to clearly view traffic approaching from behind.
1) Each operator and passenger under the age of 18 must wear a crash helmet and protective eyewear approved by the United States Department of Transportation unless the vehicle is equipped with a roof that meets or exceeds standards for a crash helmet and the operator and each passenger is wearing a properly adjusted and fastened seat belt.
m) While the ORV is equipped with a spark arrester type United States Forest Service approved muffler in good working order and in constant operation.
n) Pursuant to noise emission standards defined by law.
o) ORVs must not be operated in a manner that will cause damage to the street surface or shoulder or alley. In this regard, prohibited activity includes but is not limited to actions such as “fishtailing” and spinning of tires that disperses gravel and creates ruts and other damage.
p) For visibility, ORVs must have a 12” X 12” red safety flag affixed to the ORV that extends 8’ from the surface of the ground.
Section 3. License; Safety Certificate.
A person less than 16 years of age shall not operate an ORV on a street in the Village unless the person is in possession of a valid driver’s license or unless the person is under the visual Supervision of a parent or guardian and has in his or her possession an ORV Safety Certificate.
Section 4. Registered Motor Vehicle.
Unless a person possesses a valid Driver’s License, a person shall not operate an ORV on a Street or alley in the Village if the ORV is registered as a motor vehicle, and either is more than 65 inches wide or has three wheels.
Section 5. Evidence.
In a court action in this state, if competent evidence demonstrates that a vehicle that is permitted to be operated on a highway pursuant to the Michigan Vehicle Code, 1949 PA 300, MCL 257.1 et seq., as amended, was in a collision with an ORV on a Street or alley that is not registered under the Code, the operator of the ORV shall be considered prima facie negligent.
Section 6, Registration.
No person shall operate an ORV on the streets, alleys or highways of the Village of Marcellus without first obtaining a proper ORV sticker from the State of Michigan and registering the ORV with the Village of Marcellus and obtaining: a registration/permit from the Village of Marcellus. No permit or registration will be required for an ORV which is only used in a lawful parade within the Village.
(a) When the ORV is registered with the Village of Marcellus, the Owner will provide the Village with the following information:
1. Owner’s name and Address. Names and Addresses of all persons who will be regularly operating the ORV, along with copies of drivers licenses.
2. Make, Model, Color, and Serial/V.I.N. number of the ORV.
(b) The fee payable to the Village of Marcellus for the issuance of the Registration/Permit Validation Sticker shall be the sum of $15.00.
(c) After the ORV is registered, the Village of Marcellus will issue a Validation Sticker which shall be displayed in plain view on the left front side of the ORV.
(d) The Registration/Permit shall be valid for a period of three (3) years from the date of issuance.
(e) An ORV registration/permit is not assignable or transferrable. If an ORV is sold, the registration/permit is immediately revoked, and the new owner shall obtain a new registration/permit if the ORV is to be used and operated on Village streets and alleys.
Section 7. Violations/Penalties.
A violation of this Ordinance shall be a civil infraction as defined by Michigan Statute and shall be punishable by a civil fine determined in accordance with the following schedule:
Minimum Fine Maximum Fine
1st Offense within 3-year period*
$ 125.00 $ 500.00
2nd Offense within 3-year period*
$ 275.00 $ 500.00
3rd Offense within 3-year period*
$ 350.00 $ 500.00
4th or More Offense within 3-year period*
$ 500.00 $ 500.00
*within a 3-year period determined on the basis of the date of commission of the offense(s).
Additionally, a violator shall pay costs which may include all expenses, direct and indirect, which the Village of Marcellus has incurred in connection with the municipal civil infraction. In no case, however, shall costs of less than $9.00 or more than $500 be ordered. In addition, the Village shall have the right to proceed in any court of competent jurisdiction for the purpose of obtaining an injunction, restraining order, compliance order or other appropriate remedy to compel compliance with this Ordinance. Each day that a violation of this Ordinance exists shall constitute a separate violation of this Ordinance.
(a) Further, the violator shall pay costs which may be ordered by the court to a person who causes damage to the environment, a street, alley or other property as a result of the operation of an ORV, with full restitution for that damage above and beyond the penalties for civil fines.
(b) Improper or negligent operation of an ORV in the Village of Marcellus, may also subject the driver/operator to criminal and/or civil penalties under the other provisions of the Michigan Motor Vehicle Code being, MCL 257.1 through 257-923.
(c) Improper or negligent operation of an ORV in the Village of Marcellus, may also subject the driver/operator to criminal and/or civil penalties under the other provisions of the Michigan Motor Vehicle Code being, MCL 257.1 through 257.923.
Section 8. Severability.
The provisions of this Ordinance are hereby declared to be severable. If any clause, sentence, paragraph, rule, regulation, section or subsection is declared void or inoperative for any reason by any Court, it shall not affect any other part or portion thereof, other than the part declared void or inoperable.
Section 9. Repeal.
All Ordinances or parts of Ordinances in conflict herewith are hereby repealed only to the extent necessary to give this Ordinance full force and effect.
Section 10. Validity and Severability.
Should any portion of this Ordinance be found invalid for any reason, such a holding shall not be construed as affecting the validity of the remaining portions of this Ordinance.
Section 11. Effective Date.
This Ordinance shall become effective 20 days after publication of notice of its adoption on September 7, 2022.
THIS ORDINANCE WAS ADOPTED on THIS 9th DAY OF AUGUST, 2022.
Ronald E. Welburn, Village President
Jacqueline A. Terrill, Village Clerk
Members Voting Yes: Webb, Simmons, Irwin, Haley, Welburn, Thomas
Members Voting No: None
Members Absent: Oswalt
Members Not Voting: None