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Approved: May 26, 2009 Amended: March 23, 2010 Amended: July 26, 2016 STATE OF MICHIGAN COUNTY OF OTSEGO ORV ORDINANCE ORDINANCE No. 09-03 An ordinance adopted for the purpose of authorizing and regulating the operation of Off Road Vehicles (ORVs) on County roads in Otsego 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 OTSEGO ORDAINS: Section 1. Title. This Ordinance shall be known as the Otsego County ORV Ordinance. Section 2. Definitions. As used in this Ordinance. “ATV” means a 3- or 4-wheeled vehicle designed for off-road use that has low-pressure tires, has a seat designed to be straddled by the rider, and is powered by a 50cc or greater gasoline engine or an engine of comparable size using other fuels. “County” means the County of Otsego. “County Primary Road” and “County Local Road” mean those roads as described in section 5 of Act 51 of the Public Acts of 1951, as amended, being MCL 247.655. “Driver’s License” means any driving privileges, license, temporary instruction permit, or temporary license issued under the laws of any state, territory, or possession of the United States, Indian country as defined in 18 USC 1151, the District of Columbia, the Dominion of Canada, or any province or territory of the Dominion of Canada pertaining to the licensing of persons to operate motor vehicles. “Far Right of the Maintained Portion of the Road” means the shoulder of the road when the roadway is improved by pavement, tar and chips, concrete, or other similar materials and means the extreme right of the open portion of the right-of-way when the roadway is not improved by pavement, tar and chips, concrete, or other similar materials. “Forest road” means a hard surfaced road, gravel or dirt road, or other route capable of travel through state owned land by a 2-wheel drive, 4-wheel conventional vehicle designed for highway use, except a state or federal road or a county primary or county local road. “Forest trail” means a designated path or way capable of travel through state owned land only by a vehicle less than 50 inches in width. ---PAGE BREAK--- “Operate” means to ride in or on and to be in actual physical control of the operation of an ORV. “Operator” means a person who operates 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 sand, snow, ice, marsh, swampland, or other natural terrain. ORV includes, but is not limited to, a multitrack or multiwheel drive vehicle, an ATV, a golf cart, a or related 2-wheel, 3-wheel, or 4-wheel vehicle, an amphibious machine, or other means of transportation deriving motive power from a source other than muscle or wind. ORV, however, 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. “Road” means the entire width between the boundary lines of a way publicly maintained when any part of the way is open to the use of the public for purposes of vehicular travel. "Road Commission" means the Board of County Road Commissioners for the County of Otsego. "Roadway" means that portion of a road improved, designed, or ordinarily used for vehicular travel. In the event a road includes two or more separate roadways, the term “roadway,” as used herein, shall refer to any such roadway separately, but not to all such roadways collectively. “Safety Certificate” means a certificate issued pursuant to Section 81129 of Act 451 of the Public Acts of 1994, as amended, being MCL 324.81129, or a comparable ORV safety certificate issued under the authority of another state or a province of Canada. To obtain a safety certificate, the operator must take an ORV safety education course and pass the certification exam. Information on courses and scheduling can be obtained by calling the Michigan Department of Natural Resources at [PHONE REDACTED] or by visiting the Recreation Safety Classes section of the Michigan DNR website at http://www.dnr.state.mi.us/recnsearch/. "Shoulder" means that portion of the road contiguous to the roadway generally extending the contour of the roadway, not designed for vehicular travel but maintained for the temporary accommodation of disabled or stopped vehicles otherwise permitted on the roadway. “State or Federal Road” means I-75, and M-32. “Township” means an individual township within the County of Otsego. “Township Board” means a board of trustees of any township within the County of Otsego. “Visual Supervision” means the direct observation of the operator of an ORV with the unaided or normally corrected eye, where the observer is able to come to the immediate aid of the operator. ---PAGE BREAK--- Section 3. Prohibited Conduct. No person shall operate an ORV on the roadway, shoulder, or any other portion of a state or federal road or a forest road or forest trail. No person shall operate an ORV on a county primary or a county local road within most of the Pigeon River Country State Forest in Otsego County. Otsego County roads within the that are closed to ORVs include: See attached Exhibit A. Except as permitted under Section 4 of this Ordinance, no person shall operate an ORV on the roadway, shoulder, or any other portion of a county primary road or a county local road in Otsego County. Section 4. Permitted ORV Operations. A person may operate an ORV on the far right of the maintained portion of all county primary and county local roads, except the following: See attached Exhibit B. When operating an ORV as authorized under this Ordinance, the operator shall comply with all of the following regulations: The operator shall be a person 16 years of age or older. The operator and each passenger shall wear a crash helmet and protective eyewear approved by the United States Department of Transportation, unless the ORV is equipped with a roof that meets or exceeds the standards for a crash helmet and the operator and each passenger wears a properly adjusted and fasten seatbelt. If the operator is a person 16 years of age or older, but less than 18 years of age, then the operator shall have in his or her immediate possession a valid driver’s license and a safety certificate or shall be under the direct visual supervision of a parent or guardian and shall have in his or her immediate possession a safety certificate. If the ORV is registered as a motor vehicle and is either more than 60 inches wide or has three wheels, then the operator shall have in his or her immediate possession a valid driver’s license. The ORV shall not be operated at a speed greater than 25 miles per hour or at a speed greater than any posted ORV speed limit. For roads within the Village of Vanderbilt, the speed limit is 25 miles per hour on the main roads, and 5 miles per hour on all other roads. The ORV shall be operated with the flow of traffic on the road. ---PAGE BREAK--- The ORV shall be operated in a manner that does not interfere with traffic on the road. All ORVs shall be operated in a single-file formation, except when overtaking and passing another ORV or when being overtaken and passed by another ORV. The ORV shall be operated displaying a lighted headlight and lighted taillight at ALL times. (10). The ORV shall be equipped 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. (11). The ORV shall be equipped with an arrester type, United States Forest Service approved muffler in good working order and in constant operation. (12). The ORV shall be operated in full compliance with all noise emission standards defined by law. (13). On County roads within subdivisions or residential areas, ORVs may be operated for ingress and egress only, unless restricted from these roads by Section 4(a). Sustained riding for recreation or practice by operators of any age is prohibited in these areas. (14). Golf Carts only will be allowed on Fairway Drive, Golfview Drive, Greenview Drive, and Woodside Lane in Elmira Township. Section 5. Penalties. A person who violates any provision of this Ordinance shall be responsible for a municipal civil infraction as defined in Public Act 12 of 1994, amending Public Act 236 of 1961, being Sections 600.[PHONE REDACTED] of Michigan Compiled Laws, and shall be subject to a civil fine of not more than Five Hundred and 00/100 ($500.00) Dollars. In addition to the fine specified in subsection above, the court has the authority to 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. Section 6. Enforcement Officers. Deputies of the Otsego County Sheriff are hereby designated as the authorized officials to issue municipal civil infraction citations directing alleged violators of this Ordinance to appear in court. Section 7. ORV Fund. ---PAGE BREAK--- The County Treasurer shall deposit all fines and damages collected under Section 6 of this Ordinance into a fund to be designated as the “ORV Fund.” The county board of commissioners shall appropriate revenue in the ORV Fund as follows: Fifty percent (50%) to the Otsego County Road Commission for repairing damage to roads and the environment that may have been caused by ORVs and for posting signs indicating ORV speed limits and/or indicating whether roads are open or closed to the operation of ORVs. Fifty percent (50%) to the Otsego County Sheriff’s Office for ORV enforcement and training. Section 8. Court Ordered Restitution. 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. Section 9. Validity. If any section, provision or clause of this Ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect any remaining portions or application of this Ordinance which can be given effect without the invalid portion or application. Section 10. Effective Date. This Ordinance shall become effective fifty (50) days after its first publication. COUNTY OF OTSEGO By: Kenneth R. Glasser, Chairman By: Susan I. DeFeyter, County Clerk ---PAGE BREAK--- EXHIBIT A Roads closed within the Pigeon River Country State Forest Black River Trail Blue Lakes Road Bobcat Trail Chaffee Trail Chandler Dam Road East Round Lake Road Elkhorn Trail Ford Lake Road Gornick Trail Grass Lake Road Green’s Trail Hardwood Lake Road Hare Road Honeylocust Trail Little McMasters Creek Trail Lost Cabin Trail Lost Lake Trail Middle Trail Old Vanderbilt Road, east of the Dudd Road intersection Pickerel Lake Road Range Line Road Reynolds Road Sawdust Pile Trail East Sturgeon Valley Road, east of the Dudd Road intersection Tin Bridge Road Tin Shanty Road Twin Lakes Road West Round Lake Road ---PAGE BREAK--- EXHIBIT B Other Closed County Roads by Township All road closings listed by township, only pertain to the portion of those roads lying within the listed township. Bagley Township Acorn Road Dickerson Road from North Otsego Lake Drive to M-32 Driftwood Lane Kassuba Road from Krys Road to M-32 Krys Road from McCoy Road to M-32 McCoy Road from Chester to Dickerson Milbocker Road from Dickerson Road to South Townline South Townline from Milbocker to M-32 North Otsego Lake Drive Poplar Drive West Otsego Lake Drive Charlton Township Chandler Dam Road Gornick Trail Greens Trail Lost Cabin Trail Sawdust Pile Trail Tin Shanty Road Chester Township Abbey Road Bass Lake Landing Road Bass Lake Trail Beckett Road Behnke Road Big Lake Road Birchdale Drive Blueberry Lane Bob Lake Trail Brook Trout Lane Cargas Road Coolwater Avenue Dreffs Road East Opal Lake Road Emerald Lake Trail Finnegan Road Gingell Road Glenvale Drive Grandview Drive ---PAGE BREAK--- Havenwood Drive Drive Island View Drive Lark Lane McCoy Road Meadow Road Morning Side Trail McGraw Trail Northvale Road Oley Lake Road Pineridge Drive Ranger Lake Road Shadywoods Road Shallow Shores Drive Southview Drive Turtle Lake Road, north of Old State Road Valleybrook Drive Waters Road Wheeler Road Wild Flower Trail Corwith Township Black River Trail Blue Lakes Road Bobcat Trail Chaffee Trail Chandler Dam Road East Round Lake Road Elkhorn Trail Ford Lake Road Gornick Trail Grass Lake Road Green’s Trail Hardwood Lake Road Hare Road Honeylocust Trail Little McMasters Creek Trail Lost Cabin Trail Lost Lake Trail Middle Trail Old Vanderbilt Road, east of the Dudd Road intersection Pickerel Lake Road Range Line Road Reynolds Road Sawdust Pile Trail East Sturgeon Valley Road, east of the Dudd Road intersection Tin Bridge Road Tin Shanty Road ---PAGE BREAK--- Twin Lakes Road West Round Lake Road Dover Township Gornick Trail Elmira Township All roads within Elmira Township are closed. The closed County roads include the portion of the following roads that lie within Elmira Township: Alba Road Allis Road Bert Road Brandywine Lane Buell Road Burdo Road Camp Ten Road Comstock Road Crosswick Road Deerwoods Drive East Martin Lake Drive Fairway Drive (Closed to all ATVs and ORVs except for Golf Carts) Fleming Road Flott Road Franckowiak Road Golfview Lane (Closed to all ATVs and ORVs except for Golf Carts) Greenview Drive (Closed to all ATVs and ORVs except for Golf Carts) Hallenius Road Hallock Road Huxtable Rod Martindale Road Mt. Jack Road North Ridge Road Old Coloney Road Ordway Road Parmater Road Polus Road Shaff Road Skop Road Stoneycroft Road Theisen Road Vega Road Webster Road West Martin Lake Road Woodside Lane (Closed to all ATVs and ORVs except for Golf Carts) Hayes Township Alba Road ---PAGE BREAK--- Charles Sanders Road S. Townline Road Livingston Township Al Do Ro Va Drive Altorf Strasse (Gaylord West Subdivision) Ashley Lane (Gaylord West Subdivision) Baden Strasse (Gaylord West Subdivision) Brookview Lane Clearview Congdon Road east to Morgan Road Cross Street Fairview Road Farmbrook Lane Five Lake Road Guenther Ridge Road Highpointe Road Hill Park Holly (Gaylord West Subdivision) Honeydew (Gaylord West Subdivision) Labrador Lane (Gaylord West Subdivision) Leafy (Gaylord West Subdivision) Livingston Boulevard (Alpine Center/Gaylord High School) Mapleleaf Road (North and South) Meadowview Road North Estates Drive North Townline Road Old 27 North Parmater Road Poquette Road Pray Road South Estates Drive Suisse (Gaylord West Subdivision) Sunshine Road N. Townline Road Valais Strasse (Gaylord West Subdivision) Winterland (Gaylord West Subdivision) Otsego Lake Township Alpena St Amoco Rd Anderson Dr Apple Hill Cir Arbutus Ct Au Sable Trl Autumn Trl Avery Dr ---PAGE BREAK--- Bagley St Barn Owl Ct Beaver St Beech St Bent Tree Dr Blue Spruce Ct Bluebird Ln Bluejay Cir Bob O Link Ct Bob White Way Bradford Dr Cardinal Ct Cartwright Trl Cherry Log Ct Cherry St Chickadee Ct Chipmunk Ln Chub Lake Dr Circle Dr Colonial Ct Compton Dr Cottage Trl Cottonwood Ave Deer Park Ct Dennis Ln Dodge Lake Rd Doepath Pl Dogwood Ct Dove Trl Downhill Run Eagles Nest Rd East Heart Lake Dr East Opal Lake Rd Echo Dr Edelweis Trl Eifel Hills Rd Enchanted Dr Falcon Way Fantasy Dr Fascination Dr Ferngrove Ct Firestone Ct First Court Ave Foothills Trl Forest Park Trl Forester Dr Gilbert St Gilman Trl ---PAGE BREAK--- Golden Elk Ct Goodfellow Dr Gray Hawk Ct Grimm Ct Hartwick Rd Hatch Dr Hayesego Trl Heather Ct Hemlock St Henry Stephens St Hidden Isle Dr High Tower Trl High Trees Ct Hummingbird Ct Hungry Hollow Ct Huntingdon Dr Ivy Trl Karsten St Kelley St Kellogg Dr Kenyon Trl Kenyon Trl E Kernel Ct Kingfisher Ct Kirtland Trl Krause Rd Lake Ridge Dr Lake Shore Dr Lakeview Ave Lakewood Dr Legend Dr Leighton St Linn St Locksley Dr Lombard Ave Lynx Trl Manning Dr Marion Ct Matterhorn Ct Meadowlark Way Memorial Dr Mercury Trl Merion Ct Michaywe Dr Mission Hills Ln Mockingbird Ln Mountain Pass Nightingale Dr ---PAGE BREAK--- North Heart Lake Dr North Shore Dr Rd Nottingham Dr Oakland Hills Dr Olmstead St Omaha Ct Opal Lake Dr Opal Lake Rd Oriole Cir Otter St Partridge Pl Passenheim Rd Pearson St Pebble Beach Dr Pheasant Run Pine St Pointe Dr Primrose Trl Quail Hollow Rd Quick St Ranger Lake Rd Raven Trl Robin Ct Salem Rd Sanctuary Dr Sandpiper Trl Shaggy Bark Ct Sherwood Dr Snow Goose Cir Snow Moon Ct Snow Owl Ct Snowberry Trl Snowmass Ct Softwood Trl Southwest Opal Lake Rd Spring Dr St Andrews Dr Staghorn Ct Steep Hollow Sugar Hill Cir Summit Dr Sun-rose Trl Sunset Dr Timber Valley Rd Timberlane Trl Timberly Ln Trillium Trl S ---PAGE BREAK--- Trillium Trl W Verlinde St Wagner Dr Warbler Ct Warner St Washington Ave Watt St West Heart Lake Dr West Opal Lake Rd West Otsego Lake Dr Whisper Dr Whispering Pines Dr White Mountain Ln White St Willow Ct Wm Brooks Dr Wolverine Trl Wood Thrush Cir Woodcock Ct Woodpecker Trl ---PAGE BREAK---