Snowmobile Regulation

An ordinance to protect the public health, safety and general welfare under the authority of the Township Ordinances Act, Public Act 246 of 1945, as amended (MCL 41.181, et seq.) and Part 821, Snowmobiles, of the Natural Resources and Environmental Protection Act, Public Act 451 of 1994, as amended (MCL 324.82101, et seq.), by regulating the operating of snowmobiles as defined in said ordinance; to provide for the enforcement of said ordinance and penalties for the violation of the same; and to amend or repeal any other ordinances or parts of ordinances in conflict therewith.

THE TOWNSHIP OF _________, _________ COUNTY, MICHIGAN, ORDAINS:

Section 1: Name
This ordinance shall hereafter be known and cited as the “Snowmobile Regulation Ordinance” of the Township of _________.

Section 2: Purpose
The purpose of the within ordinance is to regulate and control the operation and use of snowmobiles within the said Township for the protection of the health, safety and general welfare of the residents, property owners, visitors and others within said Township, and is adopted under the authority of PA 246 of 1945 and Part 821 of Public Act 451 of 1994, as both such acts have been amended to the date of the adoption of the within ordinance.

Section 3: Definitions
The following terms, when used in the within ordinance, shall have the following meanings:

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

B. "Owner" means any of the following:

1. A person who holds the legal title of a snowmobile.

2. A vendee or lessee of the snowmobile which is the subject of an agreement for the conditional sale or lease thereof with the right of purchase upon performance of the conditions stated in the agreement and within 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 thirty (30) days.

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

D. "Person" means an individual, partnership, corporation, the state or any of its agencies or subdivisions, and any body of persons, whether incorporated or not.

E. "Snowmobile" means any motor-driven vehicle designed for travel primarily on snow or ice or a type which utilizes sled-type runners or skis, or an endless belt tread or any combination of these or other similar means of contact with the surface upon which it is operated. It is not a vehicle that must be registered under the Michigan Vehicle Code, PA 300 of 1949, as amended, (MCL 257.1, et seq.)

F. "Dealer" means any person engaged in the sale, lease or rental of snowmobiles as a regular business.

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

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

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

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

Section 4: Regulations
No person shall operate and no owner or dealer shall permit the operation of any snowmobile under the following conditions, circumstances or at the following locations:

A. Upon a public highway, land used as an airport or street, or on a public or private parking lot not specifically designed for the use of snowmobiles, except under the following conditions and circumstances, pursuant to MCL 324.82119:

1. 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 the Michigan Department of Natural Resources pursuant to MCL 324.82106(2). 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 the speed limit posted on the public highway.

2. 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.

3. 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 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/her snowmobile to a complete stop before proceeding across the public highway and shall yield the right-of-way to all oncoming traffic.

4. Snowmobiles may be operated on a highway in a 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 county road system, outside the corporate limits of a city or village, that is designated and marked for snowmobile use by the County Road Commission having jurisdiction.

6. A duly constituted law enforcement officer of a local unit of government or the state may authorize use of a snowmobile on a public highway or street within his/her jurisdiction when an emergency occurs and conventional motor vehicles cannot be used for transportation due to snow or other extreme highway conditions.

7. 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 Township. The event may be conducted on the frozen surface of public waters only under permit from the Michigan Department of Natural Resources.

B. On private property not owned, leased or under the control of the operator unless the operator has the express consent of the owner, lessee, or other person in control of said property, except in case of an emergency when other means of travel are not feasible or possible.

C. On public school grounds, parks, playgrounds, recreational areas, golf courses and other public lands (other than state-owned lands where such operation is authorized by statute) without the express consent of the public authority in charge of such lands or premises, except where such operation is absolutely necessary in an emergency when other means of travel are not feasible or possible.

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

E. While under the influence of intoxicating liquor or a controlled substance, or both.

F. During the hours from one-half hour after sunset to one-half hour before sunrise without displaying a lighted head light and a lighted tail light.

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

H. On the frozen surface of public waters within one hundred (100) feet of a person, including but not limited to 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 frozen public water.

I. Unless the snowmobile is equipped with 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 DBA (decibels on the "A" scale) on a sound meter having characteristics defined by American Standards Association S1, 4-1966 "General Purpose Sound Meter."

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

K. In or upon premises which are fenced, otherwise enclosed in a manner to exclude intruders, posted in a conspicuous manner or when notice against trespass is personally communicated to the operator by the owner of the premises or other authorized persons.

L. In any area on which public hunting is permitted during the season open to the taking of deer with firearms from 7 a.m. to 11 a.m. and from 2 p.m. to 5 p.m., except during an emergency, for lawful 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 timber survey, communication and transmission line patrol and timber harvest operations, or on the operator’s own property or as an invited guest of an owner or person in control of said property.

M. While transporting thereon a bow, unless unstrung or encased, or a firearm, unless unloaded in both barrel and magazine and securely encased.

N. On or across a cemetery or burial ground.

O. Within 100 feet of a slide, ski, or skating area except when traveling on a county road right-of-way pursuant to MCL 324.82119 or a snowmobile trail that is designated and funded by the department. A snowmobile may enter such an area for the purpose of servicing the area or for medical emergencies.

P. On a railroad or railroad right-of-way, except for railroad, public utility or law enforcement personnel while in the performance of their duties.

Q. Unless it has at least one head light, one tail light and adequate brakes capable of stopping the snowmobile on packed snow, carrying an operator weighing one hundred and seventy-five (175) pounds or more in not more than forty (40) feet from an initial steady speed of twenty (20) miles per hour or unless it has operable mechanisms capable of locking the snowmobile’s traction belt or belts.

R. At any time for use in hunting, pursuing, worrying or killing a wild bird or animal.

S. Operators of a snowmobile shall comply with the following conditions, limitations and restrictions with respect to age:

1. No person under the age of twelve (12) shall operate a snowmobile except under the direct supervision of an adult and when on land owned or under the control of such adult.

2. No person between the ages of twelve (12) and sixteen (16) may operate a snowmobile unless such operator is under the direct supervision of a person who is twenty-one (21) years of age or older; or the operator has in his/her immediate possession a snowmobile safety certificate issued pursuant to MCL 324.82107, or the operator possesses a snowmobile safety certificate issued pursuant to a law of another state or province of Canada; or the operator is operating the same upon land owned or under the control of the operator’s parent or legal guardian.

3. No person between the ages of twelve (12) and sixteen (16) years shall operate a snowmobile across a highway or street unless the operator has in his/her immediate possession a valid snowmobile safety certificate issued to the operator.

4. Any person who operates a snowmobile who is less than sixteen (16) years of age in violation of the within ordinance may, upon reporting of such violation to the Director of the Michigan Department of Natural Resources by any judge of a juvenile court (after trial or acceptance of plea of guilty), have his/her snowmobile safety certificate forthwith suspended by said director.

5. No owner of a snowmobile nor parent or legal guardian of a person under the age of sixteen (16) shall permit the use of a snowmobile by such person in violation of this ordinance.

Section 5: Enforcement
Any Police Officer, Peace Officer or Ordinance Enforcement Officer of the Township is authorized to issue appearance tickets for violations of the within ordinance pursuant to the Code of Criminal Procedure Act, PA 175 of 1927, as amended, (MCL 764.9c). In any proceedings involving a violation of this act, the registration number displayed on a snowmobile shall constitute prima facie evidence that the owner of the said snowmobile was the person operating the same at the time of the offense.

Section 6: Savings Clause
The provisions of this ordinance are hereby declared to be severable. If any clause, sentence, paragraph, section or subsection is declared void or inoperable 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 7: Penalties
Any violation of this ordinance shall constitute a misdemeanor and any person, firm or corporation found guilty of such violation shall be fined in the discretion of the court up to five hundred dollars ($500) or imprisoned in the county jail for up to ninety (90) days or both. Each day that a violation continues to exist shall constitute a separate offense.

Any person guilty of a violation of the within ordinance shall also be subject to civil proceedings for damages and/or injunctive relief by the Township or any person, firm or corporation injured or damaged by such violation.

Both criminal and civil proceedings may be commenced against a person violating the within ordinance and commencement of any such proceedings shall not constitute an election of remedies preventing the commencement of the other proceedings against such violator.

Note: This ordinance is written to be enforced as a criminal misdemeanor. If your Township intends to enforce this ordinance as a civil infraction, the penalty provision will need to be revised. Please consult your local attorney, or contact Michigan Townships Association for sample civil infraction penalty provisions and enforcement guidelines.

Section 8: Conflicting Provisions
Any ordinance or part of an ordinance in conflict herewith is hereby repealed.

Section 9: Effective Date
This ordinance shall take effect on _________.

The purpose of this sample ordinance is to provide a suggested guideline for the types of items that should be included within an ordinance. Certainly, no sample ordinance should be used unless, after careful review, it is the professional judgment of your legal counsel that using the sample will accomplish the particular objectives and intentions of your Township. Although these sample ordinances are the result of much thought and effort, neither the authors nor the Michigan Townships Association assumes any responsibility for the results of using these samples word-for-word in individual cases.