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Off-Road Vehicle (ORV) Travel

ORV travel on Houghton County Roads is governed by the Houghton County Board of Commissioners, not the Road Commission and is permitted by the following ordinance:

OFF-ROAD RECREATIONAL VEHICLE ORDINANCE

AN ORDINANCE OF THE COUNTY OF HOUGHTON PURSUANT TO 1975 PA 319, SECTION 18, AS AMENDED BY 1986 PA 112, FOR THE REGULATION OF PLACE OF OPERATION OF OFF-ROAD RECREATIONAL VEHICLES AND TO PROVIDE PENALTIES FOR NONCOMPLIANCE.

THE COUNTY OF HOUGHTON HEREBY ORDAINS:

Section 1. As used in this Ordinance, the following definitions shall apply:

  1. Highway means the entire width between the boundary lines of a way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel.

  2. Operate means to ride in or on, and be in actual control of the operation of an ORV.

  3. ORV or vehicle means a motor driver off-road recreational 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. It includes, but is not limited to multi-track or multi-wheel drive or low pressure tire vehicle. 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 enforcement purposes, a construction or logging vehicle used in performance of its common function, or a registered aircraft.

  4. Roadway means that portion of a highway improved, designated, or ordinarily used for vehicular travel, and does not include within its meaning the shoulder or right-of-way.

 

Section 2. An ORV may be operated on the shoulder or on the right-of-way, but not on the roadway, of all public highways within Houghton County except U.S. highways, state highways, or highways within village limits.

Section 3. Operation on the roadway of highways not prohibited in Section 2 is only permitted under the following conditions:

  1. In a life-threatening emergency.

  2. For the purpose of getting from one area to another, an operator may cross such highways at right angles. The operator shall bring the ORV to a complete stop prior to crossing the highway, and shall yield the right-of-way to oncoming traffic.

Section 4. ORV’s shall at all times be operated on the right side of the right-of-way or the right shoulder when no passable cleared right-of-way exists or the right side of the unimproved road surface when no shoulder exists.

Section 5. ORV’s may not be operated:

 

  1. In the ditches or the back slopes of county roads.
  2. Within the County owned parks, natural areas, airports or cemetery properties within Houghton County.
  3. In areas closed to snowmobiling.
  4. In any other area closed by a governmental authority.
  5. Except in single file.
  6. In a careless or reckless manner, or operated in any way which endangers any person or any property.
  7. At a rate of speed greater than 25 mph.
  8. By anyone under the influence of intoxicating liquor or any controlled substance or by anyone whose ability to operate said ORV may be impaired thereby.
  9. By anyone transporting thereon a firearm, unless the same be unloaded and securely encased, or
  10. In any manner that is not in compliance with state of Michigan laws and regulations pertaining to off-road vehicles, except insofar as 1975 PA 319 authorizes counties to permit operators of off-road vehicles upon roadway shoulders and/or right-of-ways other than those adjacent to U.S. highways or state highways.
  11. By persons without a valid unrestricted driver’s license.

 

Section 6. Impoundment of ORV’s. A law enforcement officer may impound any ORV used or operated in violation of any provisions of this Ordinance for a period not to exceed thirty (30) days, and other owner or operator of the ORV shall be responsible for all costs involved in the storage and/or removal of the impounded ORV. If the operator of the impounded ORV is not the owner, the law enforcement officer shall notify the owner of such impoundment by telephone, letter, or personal contact as soon as practical, but within 24 hours.

Section 7. The Houghton County Board of Commissioners may rescind ORV operation on any county road or any portion thereof at any time.

The County Clerk for the County of Houghton shall publish this Ordinance in the manner required by law and shall at the same time publish the fact that complete copies of the Ordinance as hereby approved are available at the Office of the Clerk for inspection by and distribution to the public at all times.

Any Ordinance or part of Ordinance in conflict herewith are subordinate hereto and this Ordinance shall be deemed controlling.

This Ordinance shall be effective five (5) days after the publication of a notice of adoption, as it effects the health, safety, and welfare of the residents of the County of Houghton.