OFF-ROAD RECREATION VEHICLE CODE

Chapter XVII

OFF-ROAD RECREATION VEHICLE CODE

1701. TITLE – This Code shall be known and cited as the Bay Mills

Indian Community “Off-Road Recreation Vehicle Code” or also

known as the “ORV Code”.

1702. DEFINITIONS – The following terms shall have the meanings

described below for the purpose of this Code:

A.

“ATV” – A 3- or 4-wheeled vehicle designed for off-road

use that has low-pressure tires, has a seat designed to be

straddled by the rider, and is powered by a 50cc to 500cc

gasoline engine or an engine of comparable size using

other fuels.

B.

“Dealer” – Any person engaged in the sale, lease, or rental

of ORVS as a regular business.

C.

“Highway or street” – 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.

D.

“Operate” – To ride in or on and be in actual physical

control of the operation of an ORV.

E.

“Operator” – Any person who operates or is in actual

physical control of an ORV.

F.

“ORV” – A motor driven off-road recreation vehicle

capable of cross-country travel without benefit of a road or

trail, on or immediately over land, snow, ice, marsh,

swampland, or other natural terrain. ORV or vehicle

includes, but is not limited to, a multitrack or multi-wheel

drive vehicle, an ATV, a motorcycle or related 2-wheel, 3wheel, or 4-wheel vehicle, an amphibious machine, a

ground effect air cushion vehicle, or other means of

transportation deriving motive power from a source other

than muscle or wind. ORV or vehicle does not include a

registered snowmobile, a farm vehicle being used for

farming, a vehicle used for military, fire, emergency, or law

Chapter XVII | Page 1

enforcement purposes, a vehicle owned and operated by a

utility company or an oil or gas company when performing

maintenance on its facilities or on property over which it

has an easement, a construction or logging vehicle used in

performance of its common function, or a registered

aircraft.

G.

“Owner” – Any of the following:

1. A person who holds the legal title to an ORV.

2. A vendee or lessee of an ORV 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.

3. A person renting an ORV or having the exclusive use of

an ORV for more than 30 days.

H.

“Right-of-way” – That portion of a highway or street less

the roadway.

I.

“Roadway” – That portion of a highway or street improved,

designated, or ordinarily used for vehicular travel. If a

highway or street includes 2 or more separate roadways,

the term roadway refers to any such roadway separately,

but not to all such roadways collectively.

J.

“Shoulder” – 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.

K.

“Tribal Police Officer” or “Tribal Officer” – Law

enforcement officer who is employed by the Bay Mills

Indian Community, including conservation officers.

L.

“Tribe” –

1.

“The Tribe” – The Bay Mills Indian Community.

2. “A Tribe” – Any federally recognized Tribe.

1703. CIVIL INFRACTION – Any offense within this ORV Code that does

not include imprisonment as a possible penalty is deemed to be

Chapter XVII | Page 2

a civil infraction. As such, the standard of proof is by a

preponderance of the evidence at any hearing or trial on a civil

infraction offense.

1704. BAY MILLS TRIBAL COURT; JUDGE; MAGISTRATE – The Judge

of the Bay Mills Tribal Court shall preside over any hearing or

trial involving an alleged violation of this Code. However, the Bay

Mills Tribal Court Magistrate shall have the authority to conduct

arraignments on any and all offenses within this Code; in

addition, the Magistrate may impose sentencing where a person

pleads guilty to an offense under this Code that imposes a fine of

less than or equal to one hundred ($100) dollars.

1705. PENALTIES NOT OTHERWISE PRESCRIBED – Any person who is

convicted of or found responsible for an offense enumerated in

this Code for which the penalty is not otherwise prescribed may

be sentenced to a payment of a fine not to exceed one hundred

($100) dollars.

1706. REGULATION OF OFF-ROAD RECREATION VEHICLE

OPERATIONS; PROHIBITIONS GENERALLY – A person shall not

operate an ORV upon a public highway, street, roadway, or

private parking lot within the Bay Mills Indian Community not

specifically designated for the use of ORVs except under the

following conditions and circumstances:

A.

An ORV may be operated on the right-of-way of a public

highway, roadway, or street 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. ORVs operated on the rightof-way of a public highway, roadway, or street, as herein

provided, shall travel single file and shall not be operated

abreast except when overtaking and passing another ORV.

B.

An ORV may be operated across a public highway,

roadway, or street, at right angles to the highway,

roadway, or street, for the purpose of getting from one

area to another when the operation can be done in safety.

An operator shall bring his ORV to a complete stop before

proceeding across the public highway, roadway, or street,

and shall yield the right-of-way to all oncoming traffic.

C.

A tribal police officer may authorize use of an ORV on a

public highway, roadway, or street when an emergency

occurs, and conventional motor vehicles cannot be used

Chapter XVII | Page 3

for transportation due to snow or other extreme highway

conditions.

D.

Penalty – A person violating this Section may be sentenced

to a fine not less than fifty ($50) dollars but not more than

five hundred ($500) dollars.

1707. OPERATION OF OFF-ROAD RECREATION VEHICLES;

PROHIBITED AREAS

A.

Property of others – A person shall not operate an ORV

upon land that is leased, owned, or under the control of

someone else, unless they have obtained written consent

or permission from the appropriate person(s).

B.

Golf Course – A person shall not operate an ORV on the

golf course located within the Bay Mills Indian Community,

with the exception of the operation of motorized and

authorized golf carts on paved cart paths.

C.

Posted Areas – A person shall not operate an ORV in any

area that has been posted as being “closed to off-road

recreation vehicles” or posted as “no trespassing.”

D.

Frozen Surface of Public Waters – A person shall not

operate an ORV on the frozen surface of public waters

within one hundred (100) feet of a person, or within one

hundred (100) feet of a fishing shanty or shelter except at

the minimum speed required to maintain forward

movement of the ORV, or on an area which has been

cleared of snow for skating purposes.

E.

Forestry – A person shall not operate an ORV 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.

F.

Tribally Designated Preserves – A person shall not operate

an ORV on a tribally designated preserve, except on roads,

trails, or areas specifically designated for ORVS. A tribally

designated preserve includes but is not limited to land

posted or utilized as a wetland preserve, wildlife preserve,

or agricultural preserve.

Chapter XVII | Page 4

G.

Cemeteries – A person shall not operate an ORV on or

across a cemetery or burial ground.

H.

Penalty – A person violating this Section may be sentenced

to a fine not less than fifty ($50) dollars but not more than

five hundred ($500) dollars. In addition, the person may be

liable for restitution as to damages he or she caused to any

property.

1708. OPERATION BY MINORS/INCOMPETENTS

A.

A parent or legal guardian shall not permit his or her child

who is less than 14 years of age to operate an ORV except

when there is direct visual supervision of an adult and the

ORV is being operated on land leased or under the control

of a parent or legal guardian or on the land of others where

written consent or permission was obtained.

B.

A person who is at least 14 but less than 16 years of age

may operate an ORV if the following conditions exist:

1.

The person has in his or her immediate possession an

ORV safety certificate issued by the Tribe, the State

of Michigan, or that was issued to the person under

the authority of a law of another tribe, state or

province of Canada; and

2.

The person is under the direct visual supervision of

an adult.

C.

A person who is operating an ORV pursuant to subsection

(B) (1) shall present the ORV safety certificate to any tribal

officer upon request.

D.

A person who is less than 14 years of age shall not cross a

highway, roadway, or street. An operator who is at least 14

years of age, but less than 16 years of age may operate an

ORV on the right-of-way on a public highway, roadway, or

street pursuant to Section 1706 (A) or may cross a

highway, roadway, or street pursuant to Section 1706 (B)

only if he or she has a valid ORV safety certificate in his or

her immediate possession and is under the direct visual

supervision of an adult.

Chapter XVII | Page 5

E.

A person who is at least 16 years of age, but less than 18

years of age may operate an ORV on the right-of-way on a

public highway, roadway, or street pursuant to Section

1706 (A) or may cross a highway, roadway, or street

pursuant to Section 1706 (B) only if he or she has a valid

ORV safety certificate in his or her immediate possession.

F.

A person who is less than 16 years of age shall not operate

an ORV with a passenger except on land leased or under

the control of a parent or legal guardian or on the land of

others where written consent or permission was obtained.

G.

The owner or person in charge of an ORV shall not permit

the ORV to be operated contrary to this Section.

H.

A parent or guardian of a minor shall not permit a minor to

operate an ORV contrary to this Section.

I.

The owner or person in charge of an ORV shall not

knowingly permit the vehicle to be operated by a person

who is incompetent to operate the vehicle because of a

mental or physical disability.

1709. OPERATION UNDER THE INFLUENCE OF INTOXICATING

LIQUOR OR CONTROLLED SUBSTANCES; RECKLESS DRIVING;

CARELESS OR NEGLIGENT DRIVING; OPEN INTOXICANTS;

PROHIBITIONS – The Bay Mills Motor Vehicle and Parking Code

Sections 819, 820 and 821 shall apply to off-road recreation

vehicles, whether an ORV is operated on a highway, roadway,

trail, frozen lake, pond, or any other area accessible to an ORV.

1710. OFF-ROAD RECREATION VEHICLE OPERATION DURING

NIGHTTIME; LIGHT AND TIME RESTRICTIONS – A person shall

not operate an ORV under any of the following conditions and

circumstances:

A.

During the hours from one-half hour after sunset to onehalf hour before sunrise without displaying a lighted

headlight, a lighted taillight, and a brake light, brighter

than the taillight, visible when the brake is activated to the

rear of the vehicle.

B.

Within one hundred feet of a dwelling between twelve

o’clock midnight and seven a.m. at a speed greater than

minimum required to maintain forward movement of an

Chapter XVII | Page 6

ORV or otherwise operating an ORV during the

aforementioned time period in any manner that disturbs

the peace. This Section shall not apply to a person

operating an ORV on the right-of-way of a public highway,

roadway or street as provided for in Section 1706 (A) or on

a designated ORV route or trail.

1711. REGISTRATION – ORVs must be properly registered with the

Tribe or State of Michigan as required by law and have a valid

license permanently attached and visibly displayed in

accordance with Michigan or the Tribe’s law. As to tribal

commercial fisherman, a COTFMA decal is adequate while only

engaged in commercial fishing activity.

1712. SPEED – A person shall not operate an ORV at a rate of speed

greater than is reasonable and proper having due regard for

conditions then existing or in excess of a speed limit, if so

posted. If there is a posted speed limit, the person may be

sentenced as follows: payment of a fine of two ($2.00) dollars

for each mile per hour over the posted speed when that speed is

less than ten (10) miles per hour over the posted speed limit or

to payment of a fine of five ($5.00) dollars for each mile per

hour over the posted speed limit when that speed is equal to or

greater than ten (10) miles per hour over the posted speed limit.

If there is no posted speed limit, a person violating this Section

may be sentenced to a fine not to exceed one hundred ($100)

dollars.

1713. REPORT OF ACCIDENT – The Bay Mills Motor Vehicle and

Parking Code Section 818 shall be applicable to a person

operating an ORV as it relates to stopping at the scene of an

accident; the duties of reporting an accident; and giving

information and aid.

1714. TRANSPORTING BOWS AND FIREARMS – No person shall

operate an ORV while transporting thereon a bow, unless

unstrung or securely encased, or a firearm unless securely

encased or equipped with and made inoperative by a

manufactured key-locked trigger housing mechanism and said

firearm is unloaded. A person violating this Section may be

sentenced to a fine not less than fifty ($50) dollars but not more

than five hundred ($500) dollars, forfeiture of a bow or firearm,

or both.

1715. EQUIPMENT REQUIRED

Chapter XVII | Page 7

A.

Brakes and Throttle System – A person shall not operate an

ORV unless 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; and a throttle so designed that

when the pressure used to advance the throttle is

removed, the engine will immediately and automatically

return to idle.

B.

Muffler – A person shall not operate an ORV unless the

vehicle is equipped with a spark arrester type United

States forest service approved muffler, in good working

order and in constant operation. Exhaust noise emission

shall not exceed 86 Db(A) or 82 Db(A) on a vehicle

manufactured after January 1, 1986, when the vehicle is

under full throttle, traveling in second gear, and measured

50 feet at right angles from the vehicle path with a sound

level meter which meets the requirement of ANSI S1.4

1983, using procedure and ancillary equipment therein

described; or 99 Db(A) or 94 Db(A) on a vehicle

manufactured after January 1, 1986, or that level

comparable to the current sound level as provided for by

the United States environmental protection agency when

tested according to the provisions of the current SAE

J1287, June 86 test procedure for exhaust levels of

stationary motorcycles, using sound level meters and

ancillary equipment therein described. A vehicle subject to

this part, manufactured or assembled after December 31,

1972 and used, sold, or offered for sale in this State, shall

conform to the noise emission levels established by the

United States environmental protection agency under the

Noise Control Act of 1972, Public Law 92-574, 86 Stat.

1234.

C.

Crash Helmet – The operator of an ORV shall wear a crash

helmet on his or her head, which has been approved by the

United States Department of Transportation.

D.

Goggles, Face Shield or Windshield – A person operating

or riding on an ORV shall use shatterproof goggles, a face

shield or windshield to protect the eyes.

1716. RIDING WITH PASSENGER

Chapter XVII | Page 8

A.

Public Highway, Roadway or Street or Right-of-way of

same or Public Parking Lot – The operator of an ORV shall

not allow a passenger to ride on the ORV or in a sleigh,

trailer or other device attached to the ORV when the ORV

is being operated on the right-of-way of a public highway,

roadway, or street as provided for in Section 1706(A), on a

public highway, roadway or street as provided for in

Section 1706 (B), or in a public parking lot.

B.

Other Areas – The operator of an ORV shall not allow a

passenger to ride on the ORV or in a sleigh, trailer, or other

device attached to the ORV when the ORV is being

operated on a designated ORV route or trail or other area

not described in Subsection 1716 (A) above unless the

operator of the ORV is 16 years of age or older and the

passenger does not interfere with the safe operation of the

ORV.

1717. YIELDING TO PEDESTRIANS AND MOTOR VEHICLES – An ORV

allowed to operate on highways, roadways, alleys, or public

parking lots shall observe all speed limits and traffic regulations

or devices and shall yield the right-of-way to pedestrians and

vehicular traffic.

1718. PARKING PROHIBITIONS – The Bay Mills Motor Vehicle and

Parking Code Section 816 shall be applicable to a person

operating an ORV.

1719. RESPONSIBILITY OF OWNER FOR OPERATION IN VIOLATION

OF THIS CODE – No person shall knowingly authorize or permit

an ORV owned by such person or under such person’s control to

be driven by any person in violation of any Section of this Code.

1720. Effective Date – This Code became effective on November 29,

1999.

Chapter XVII | Page 9