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| Off-Road Vehicle (ORV) Travel |
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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:
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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.
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Operate means to ride in or
on, and be in actual control of the operation
of an ORV.
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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.
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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:
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In a life-threatening
emergency.
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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:
- In the ditches or the back slopes of county
roads.
- Within the County owned parks, natural
areas, airports or cemetery properties within
Houghton County.
- In areas closed to snowmobiling.
- In any other area closed by a governmental
authority.
- Except in single file.
- In a careless or reckless manner, or
operated in any way which endangers any person
or any property.
- At a rate of speed greater than 25 mph.
- 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.
- By anyone transporting thereon a firearm,
unless the same be unloaded and securely
encased, or
- 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.
- 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.
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