An ordinance adopted for the purpose of
authorizing and regulating the operation of Off Road
Vehicles (ORVs) on roads in Houghton 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 PA 240,
MCL 324.81131.
THE COUNTY OF HOUGHTON ORDAINS:
Sec. 1 As used in this ordinance,
the following definitions shall apply:
a) "County" means the County of
Houghton.
b) "Driver license" means an operator's
or chauffeur's license or permit issued to an individual
by the secretary of state under chapter III of the
Michigan vehicle code, 1949 PA 300, MCL 257.301 to
257.329, for that individual to operate a vehicle,
whether or not conditions are attached to the license or
permit.
c) "Operate" means to ride in or on, and
be in actual physical control of the operation of an
ORV.
d) "Operator" means a person who
operates or is in actual physical control of the
operation of an ORV.
e) "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 multiwheel drive vehicle, an ATV, a
motorcycle or related 2-wheel, 3-wheel, 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
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.
f) "Road" means a county primary road or
county local road as described in section 5 of 1951 PA
51, MCL 247.655.
g) "Road Commission" means the Board of
County Road Commissioners for the County of Houghton.
h) "Safety certificate" means a
certificate issued pursuant to 1994 PA 451 as amended,
MCL 324. 81129, or a comparable ORV safety certificate
issued under the authority of another state or a
province of Canada."
i) "Township" means an individual
township within the County of Houghton.
j) "Township Board" means a board of
trustees of any township within the County of Houghton.
k) "Visual supervision" means the direct
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.
l) "maintained portion" means the
improved portion of the road and does not include the
shoulders, slopes, ditch or anywhere right of the ditch
for ORV use.
Sec. 2 An ORV may be operated on the
far right of the maintained portion of a county road.
Sec. 3 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. 4 Except as set forth herein or
otherwise provided by law, an ORV meeting all of the
following conditions may be operated on a county road or
street:
a) at a speed of no more than 25 miles
per hour or a lower posted ORV speed limit.
b) by a person not less than 12 years of
age.
c) with the flow of traffic.
d) in a manner which does not interfere
with traffic on the road or street.
e) traveling single file except when
overtaking and passing another ORV.
f) when visibility is not substantially
reduced due to weather conditions unless displaying a
lighted headlight and lighted taillight.
g) 1/2 hour before sunrise until 1/2
after sunset unless displaying a lighted headlight and
lighted taillight.
h) while displaying a lighted headlight
and lighted taillight at all hours beginning January 1,
2010.
i) while the operator and each passenger
is wearing 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.
j) with 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) while the ORV is equipped with a
spark arrester type United States forest service
approved muffler in good working order and in constant
operation.
l) pursuant to noise emission standards
defined by law.
Sec. 5 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 immediate
possession a Michigan issued ORV safety certificate or a
comparable ORV safety certificate issued under the
authority of another state or a province of Canada.
Sec. 6 Unless a person possesses a
valid drivers license, a person shall not operate an ORV
on a road or street in the county if the ORV is
registered as a motor vehicle and is either more than 60
inches wide or has three wheels.
Sec. 7 Any person who violates this
ordinance is guilty of a municipal civil infraction and
may be ordered to pay a civil fine of not more than
$500.00.
Sec. 8 A court may order a person
who causes damage to the environment, a road or other
property as 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. 9 The County Treasurer shall
deposit all fines and damages collected under this
ordinance into a fund to be designated as the ORV Fund.
The County of Board of Commissioners shall appropriate
revenue in the ORV Fund as follows:
a) Fifty percent the County Road
Commission for repairing damage to roads and the
environment that may have been caused by ORVs, and for
posting sign indicating ORV speed limits, or indicating
whether roads are open or closed to the operation of
ORVs.
b) Fifty percent to the County Sheriff
for ORV enforcement and training.
Sec. 10 This ordinance becomes
effective October 22, 2008.
This Ordinance is adopted by action of
the Houghton County Board of Commissioners this 21th day
of October, 2008.
Commissioners voting "Aye": Ala,
Barrette, Jenich, Pintar, Luoma 5.
Commissioners voting "Nay": None 0
Commissioners Absent:
_________________________________
Paul Luoma, Chair
Houghton Board of Commissioners
Certification
I, Mary Schoos, Clerk of the County of
Houghton County, do hereby certify that this is a true
and correct copy of the Ordinance duly adopted by the
Houghton County Board of Commissioners on the 21st day
of October, 2008.
____________________________
Mary Schoos,
Houghton County Clerk
