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ORDINANCE 2001-01
THE IRON COUNTY OFF-ROAD RECREATIONAL VEHICLE ORDINANCE
AN ORDINANCE OF THE COUNTY OF IRON WITHIN THE AUTHORITY OF 1851 PA 156, SECTION 11, MCL 46.11, AND PURSUANT TO 1994 PA 451, SECTION 81131, MCL 324.81131, FOR THE REGULATION OF ACCESS ROUTES FOR OFF-ROAD RECREATIONAL VEHICLES AND TO PROVIDE PENALTIES FOR NONCOMPLIANCE.
THE COUNTY OF IRON HEREBY ORDAINS:
Section 1. As used in this Ordinance, the following definitions shall apply:
a. "Public Highway" or "Public Roadway" means that portion of a county road or highway that is improved, maintained, and used by the public for vehicular travel, including any improved shoulders associated therewith used for such purposes as mail delivery and/or parking where in existence.
b. "Operate" means to ride in or on, and be in actual control of the operation of an ORV.
c. "ORV" or "Off-Road Vehicle" means a motor driven 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 a multi-track or multi-wheel drive or low pressure tire vehicle, an amphibious machine, a ground effect air cushion vehicle, or other means of transportation driving 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 construction or logging vehicle used in performance of its common function or a registered aircraft.
Section 2. ORV'S, other than ORV's that are also licensed as, and can be driven on the roads and highways of this county such as pickup trucks, can and/or will:
a. Operated only for the purpose of gaining access to and from ORV recreation trails designated by the State, County, or Municipal subdivisions.
b. Be operated within the outer five (5) feet of the improved surface of all public highways within Iron County except U.S. Highways, State Highways, or other public roads and highways, such as those within the boundaries of our incorporated cities and/or villages which are governed by their own municipal laws and/or ordinances, and those public roads identified at Section 9 below.
c. Be operated within the outer five (5) feet of the improved surface of those public roads identified at 2 a. above, and at the right side of the road as it is being traveled by the ORV operator.
d. Be operated in accordance with all other applicable State and Municipal laws and ordinances while operating within the township, city or village limits thereof.
e. Not be operated in, along, or on the drainage ditches and other grades, inclines or declines, constructed along and outside the outer edges of the improved surfaces of the public roadway and/or shoulders thereof where they exist, as outlined in Section 1 a. above.
Section 3. Operation of ORV's on the improved surfaces and/or improved shoulders of highways not permitted by either Sections 2 above and/or 9 below, is permitted under the following conditions only:
a. In a life threatening situation.
b. For the purpose of getting from one area to another by crossing the roadway at right angles. When this is done, the operator will bring the ORV to a complete stop prior to crossing the highway, shall look both ways, and shall yield the right of way to all other oncoming traffic.
c. When crossing and/or traveling along roads and/or portions thereof where the same is normally prohibited, and traveling thereon in a life threatening situation, the ORV and ORV's involved with travel along the right side of the road or on the right shoulder thereof as outlined in Section 2 above - except when crossing as outlined in Section 3 subparagraph b. above.
Section 4. ORV's shall at all times be operated within the outer five (5) feet of the improved surface of the roadway and/or along any improved shoulders associated therewith which are used for the delivery of mail and/or parking wherever they may exist. Travel outside of those boundaries, and outside the boundary of the outer edge of the improved surface of the roadway and/or its improved shoulders is expressly prohibited.
Section 5. ORV's may not be operated:
a. On the back or front slopes of county roads, or any drainage ditches outside of and/or alongside the improved surface of any road and/or their improved shoulders wherever they exist.
b. Within county owned parks, natural areas, airports, or cemetery properties within IRON COUNTY.
c. Areas closed to snowmobiling.
d. In any other areas closed by a governmental authority.
e. On Iron County snowmobile trails when snow on same is being maintained/groomed by Iron County Snowmobile Associations.
Section 6. Any person who violates this Ordinance is guilty of a civil infraction, punishable by a fine of $100 and the full restitution of any damages caused or experienced as a result thereof.
Section 7. The IRON COUNTY BOARD OF COMMISSIONERS or BOARD OF ROAD COMMISSIONERS OF IRON COUNTY may rescind ORV operation on any county road or portion thereof, with appropriate notice being given to the other and the public.
Section 8. ORV operators must adhere to the maximum speed limit of 20 miles per hour when operated on County roads and/or the shoulders thereof, etc., regardless of the ordinary vehicular limits on those roadways applying to other vehicles.
Section 9. ORV operation is prohibited on the following Federal, State, and County Roads: parts of the Bates-Amasa Road and the Bates-Gaastra Road which shall be appropriately posted, M-73, M-69, M-189, U.S. 2, U.S. 141, FH-16 where snowmobiling is also prohibited, and County Roads 639 and 424.
Section 10. This Ordinance shall not be construed so as to contravene the general laws of this state or interfere with the local ordinances of a township, city or village within the limits of the county.
Section 11. This Ordinance shall become effective 30 days after its publication in local newspapers of record.
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