ORV Ordinance
ORDINANCE No. 2008-02
Revised 10-28-08
An ordinance adopted for the purpose of authorizing and regulating the operation of Off Road Vehicles (ORVs) on roads in Arenac County, for the purpose of providing penalties for the violation thereof, and for the distribution of public funds resulting from those penalties pursuant to 2008 PA240, MCL324.81131.
THE COUNTY OF ARENAC ORDAINS:
Sec. 1 As used In this ordinance, the following definitions shall apply:
Sec. 2 An ORV may be operated on the far right of the maintained portion of a road within the county.
Sec. 3 A township board of a township in the county may adopt an ordinance to close any roads within the boundaries of the township to the operation of ORVs permitted by the county. Beginning July 17, 2009,the township board of a township in the county may adopt an ordinance authorizing the operation of ORVs: on the maintained portion of 1 or more roads located withln the township," pursuant to NCL 324.81131 (3).
Sec. 4 The county road commission may close no more than 30% of the total linear miles of roads In the county to protect the environment or if the operation of ORVs pose a particular and demonstrable threat to public safety.
Sec. 5 An ORV may not be operated on the road surface, roadway, shoulder or right-of-way of any state or federal highway In the county.
Sec. 6 Except as set forth hereln or otherwise provided by law, an ORV meeting all of the following condltions may be operated on a road or street in the county:
Sec. 7 A child less than 16 years of age shall not operate an ORV on a road In the county unless the child is under the direct visual supervision of an adult and the child has In his or her lmmedlate possession a Michigan Issued ORV safety certificate or a comparable ORV safety certificate issued under the authority of another state or a provlnce of Canada.
Sec. 8 Unless a person possésses a valid drivers license, a person shall not operate an ORV on a road or street in the county If Lhe ORV Is registered as a motor vehicie and Is either more than 60 inches wide or has three wheels.
Sec. 9 Any person who violates this ordinance Is guilty of a clvil Infraction and may be ordered to pay a civil fine of not more than $5D0.00.
Sec. 10 A court may order a person who causes damage to the environment, a road or other propertyas a result of the operation of an ORV to pay full restitution for that damage above and beyond the penalties paid for civil fines.
Sec. 11 The County Treasurer shall deposit all fines and damages collected under thls ordinance Into a fund to be designated as the ORV Fund. The County Board of Commissioners rhall appropriate revenue in the ORV Fund as follows:
Revised 10-28-08
An ordinance adopted for the purpose of authorizing and regulating the operation of Off Road Vehicles (ORVs) on roads in Arenac County, for the purpose of providing penalties for the violation thereof, and for the distribution of public funds resulting from those penalties pursuant to 2008 PA240, MCL324.81131.
THE COUNTY OF ARENAC ORDAINS:
Sec. 1 As used In this ordinance, the following definitions shall apply:
- "County" means the County of Arenac.
- "Driver license" means an operator's or chauffeur's license or permit is.sued to an individual by the secretary'of rite Under chapter III of the Nichigañ vehlde code, 1949 PA 300, MCL 257.30a to 257.329, for that Individual to operate a vehicle, whether or not conditions are attached to tfie license or permit.
- "Operate" means to ride in or on, and de In actual physical control of the operation of an ORV.
- "Operator" means a person who operates or is in actual physical control of the operation of an ORV.
- *ORV“ means 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 multlwheel drive vehtc1e, an ATV,a motorcycle or related 2-wheel, 3 wheel, or 4-wheel vehicle, dn amphibious machine, a ground efTect air cushion vehicle, or other means of transp'ortationderiving motive power from a source other than muscle or wind. ORV or vehicle, does not Include aregistered snowmobile, a farm vehicle beIng used for farming, a Vehicle used for military, fire, emergency. or law enforcement purposes, a vehicJe owned and operated by a utiJlty company or an oll or gas company when performing maintenance on Its facilities or on property over whlch It has an easement, aconstruction or logging vehicle.used In performance of fts common function, or a reqlstered alrcraft.
- "Road" means a county primary road or county local road as described in ' section 5 of 1951 PA 51, MCL 247.65S.
- "Road Commission" means the Board of County Road Commissioners for the County of Arenac.
- "Safety certificate" means a certificate issued pursuant to 1994 PA 45T BE amended, MCI. 324. 81129, or a comparable ORV safety certificate issued under the authority of another state or a province of.Canada.°
- "Township Board" means a board of trustees of any township within theCounty of Arenac.
- "VisLial supervision" means the direct observation of the operator with the unaided oi normally corrected eye, where the observer is able to come to the immediate aid of the operator.
Sec. 2 An ORV may be operated on the far right of the maintained portion of a road within the county.
Sec. 3 A township board of a township in the county may adopt an ordinance to close any roads within the boundaries of the township to the operation of ORVs permitted by the county. Beginning July 17, 2009,the township board of a township in the county may adopt an ordinance authorizing the operation of ORVs: on the maintained portion of 1 or more roads located withln the township," pursuant to NCL 324.81131 (3).
Sec. 4 The county road commission may close no more than 30% of the total linear miles of roads In the county to protect the environment or if the operation of ORVs pose a particular and demonstrable threat to public safety.
Sec. 5 An ORV may not be operated on the road surface, roadway, shoulder or right-of-way of any state or federal highway In the county.
Sec. 6 Except as set forth hereln or otherwise provided by law, an ORV meeting all of the following condltions may be operated on a road or street in the county:
- at a speed of no more than 25 mlles per hour or a lower posted ORV sp'eed limit.
- by a persdn not lesr than 12 years of age.
- with the flow of traffic.
- in a manner which does not Interfere with traffic on the road or street.
- traveling single file except when overtaking and passlng another ORV. -
- when vlslbllity Is not substantially reduced due to weather conditions unless displaying a llghted headlight and Ilghted taillght.
- 1/2 hour before sunrise until 1/2 after sunset unless dlsplaylng a lighted headlight and lighted taillght.
- while displaying a lighted headlight and lighted tailIight at all hours beginning January 1, 2010.
- while the operator and each passenger Is wearing a crash helmet and protective eyewear approved by the Unlted States department of transportation unless the velllcle Is equipped with—aloof-that-meets or exceeds standards for a crash helmet and the operator and each passenger Is wearlng a properly adjusted and fastened seat belt.
- with a throttle so designed that when the pressure used to.advance the throttle is removed, the engine speed will Immediately and automatically fetum to Idle.
- while the ORV Is Equipped with a spark arrester type United States forest service approved muffler In good working order and in constant operation.
- pursuant to noise emisslon standards defined by law.
Sec. 7 A child less than 16 years of age shall not operate an ORV on a road In the county unless the child is under the direct visual supervision of an adult and the child has In his or her lmmedlate possession a Michigan Issued ORV safety certificate or a comparable ORV safety certificate issued under the authority of another state or a provlnce of Canada.
Sec. 8 Unless a person possésses a valid drivers license, a person shall not operate an ORV on a road or street in the county If Lhe ORV Is registered as a motor vehicie and Is either more than 60 inches wide or has three wheels.
Sec. 9 Any person who violates this ordinance Is guilty of a clvil Infraction and may be ordered to pay a civil fine of not more than $5D0.00.
Sec. 10 A court may order a person who causes damage to the environment, a road or other propertyas a result of the operation of an ORV to pay full restitution for that damage above and beyond the penalties paid for civil fines.
Sec. 11 The County Treasurer shall deposit all fines and damages collected under thls ordinance Into a fund to be designated as the ORV Fund. The County Board of Commissioners rhall appropriate revenue in the ORV Fund as follows:
- Fifty percent to the County Road Commission for repairing damage to roads and the environment that may have been caused by ORVs, and for postlng Signs indicating DRV speed limits, or indicating whether roads are open or closed to the operation of ORVs.
- Fifty percent to the County Sheriff for ORV enforcement and training. Sec. 12 This ordinance becomes effective October 15th, 2D0B.