Off-Road Vehicle (ORV) Travel
New ORV Ordinance New ORV Ordinance
#08-01
The Houghton County Board
of Commissioners has passed a new ORV
Ordinance on October 21st, 2008. The
Ordinance allows ORV usage on most of
the county roads, following are some of
the requirements/restrictions:
1.
All Houghton County Road Commission
Primary Roads except, Big Traverse Road,
Horoscope Road, Lake Avenue, Lake 13
Road, Mud Lake Road, South Laird Road,
Sturgeon River Road & West Old 28 Road
are restricted for non-use by ORV
traffic.
2. State and Federal
highways are restricted by state law.
3. Maximum speed allowed on
unrestricted roadways is 25 m.p.h.
4. ORV must travel with the flow of
traffic and in the maintained portion of
the roadway (ie NOT on slopes, ditches
or anywhere right of the ditch).
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 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.
6. Any person who
violates this ordinance is guilty of a
municipal infraction and may be ordered
to pay a civil fine of not more than
$500.
7. 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.
8. ORV must be
operated in a manner that does not
interfere with traffic on the road or
street.
9. All local county roads
are open to ORV traffic in the
maintained portion of the roadway.
This notice is for informational
purposes only, to help highlight some of
the rules/regulations of the ordinance.
Contact the County Controller's
Office for a copy of the actual
Ordinance as passed by the County Board
of Commissioners.
STATE OF MICHIGAN COUNTY OF
HOUGHTON
ORV ORDINANCE ORDINANCE No.
08-01
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
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