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State
of Michigan County of Lake
ORV Ordinance 24
April 1,
2010
Submitted by
Sergeant David Sanders for Reprint
INDEX:
Ordinance
Verbiage Roads Open to
ORV (Appendix A) Roads Closed
to ORV (Appendix A) Map
______________________________________________________________________
STATE
OF MICHIGAN, COUNTY OF LAKE, ORV ORDINANCE NO.
24
(Verbiage reprinted)
This Ordinance was adopted
by action of the Lake County Board of Commissioners on April 1,
2010
An ordinance authorizing and
regulating the operation of Off Road Vehicles (ORVs) on roads in
Lake County, providing penalties for the violation thereof, and for
the distribution of public funds resulting from those penalties
pursuant to 2008 PA 240, which is incorporated by reference in its
entirety.
THE COUNTY OF LAKE
ORDAINS:
Section 1. Definitions. As used
in this ordinance, the following definitions shall apply:
a) "County" means the County of
Lake.
b) "Driver's 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, as amended, 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 includes, but is
not limited to, a multitrack or multiwheel drive vehicle, and 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 from a source other than muscle
or wind. ORV 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 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 the
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 Lake.
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) "Direct supervision" means the direct visual
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.
Section 2. Designated
Roads.
a) An ORV may be operated only on the far right
on the maintained portion of a road on the designated county roads
listed in Appendix A, incorporated by reference,
and only prior to December 1 and after March 31 of each
year.
b) An ORV may not be operated on the road
surface, roadway, shoulder or right-of-way of any State or Federal
highway, including but not limited to M-37, US 10, or any other
State or Federal highway in Lake County.
Section 3. Operating Conditions.
Except as set forth herein or otherwise provided by law,
an ORV meeting all of the following conditions may be operated on
a designated road in the county:
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.
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 hour 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.
Section 4, License; Safety Certificate.
A person less than 18 years of age shall not operate an
ORV on a road in the County unless the person is in possession of
a valid driver's license, or unless the person is under the direct
supervision of a parent or guardian and has in his or her
possession an ORV safety certificate or a comparable ORV Safety
Certificate issued under the authority of another state or
province of Canada.
Section 5, Registered Motor Vehicle.
Unless a person possesses a valid driver's license, a
person shall not operate an ORV on a road in the County if the ORV
is registered as a motor vehicle, and either is more than 60
inches wide or has three wheels.
Section 6, Evidence. In a court action in
this state, if competent evidence demonstrates that a vehicle that
is permitted to operate on a road pursuant to state law was in a
collision with an ORV required to be operated on the far right of
the maintained portion of the road pursuant to this ordinance, the
operator of the ORV shall be considered prima facie
negligent.
Section 7, Penalties. Any person who
violates this ordinance is guilty of a municipal civil infraction,
and shall pay a civil fine of not less than $250.00 and not more
than $500.00. In addition, a court may order the person to
pay full restitution for any damage to the enviornment, a road, or
public property damaged as a result of the violation.
Section 8, ORV Fund. The County
Treasurer shall deposit all fines and damages collected under this
ordinance into a fund to be designated as the ORV Fund. The
Lake County Board of Commissioners shall appropriate revenue in
the ORV Fund as follows:
a) Fifty percent to the Lake 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, or indicating whether roads are
open or closed to the operation of ORVs.
b) Fifty percent to the Lake County Sheriff
for ORV enforcement and training.
Section 9, Master Map. The County
shall maintain a master map of all roads under the
jurisdiction fo the road Commission upon which shall be indicated
those roads and parts or sections thereof upon which the operation
of ORVs is permitted and prohibited pursuant to this
Ordinance. The County shall make such master map available
for interested groups or organizations to make copies for
distribution to the general public, but shall have no obligation
to incur any expense associated with the making of such
copies.
a) The County shall update the Master Map and
Appendix A once annually, between January 1 and February 28 of
each year, to incorporate any changes to the designation of any
road, parts or sections of upon which ORV travel is prmitted or
prohibited pursuant to this Ordinance.
b) It shall be the responsibility of each Board,
Commission or Council within Lake County to submit in writing no
later than February 1 of each year, any changes to be
incorporated into the Master Map and Appendix A for that
year.
Section 10, Repealer Clause. All
Ordinances or parts of Ordinances in conflict herewith are hereby
repealed only to the extent necessary to give this Ordinance full
force and effect.
Section 11, Savings Clause. This
Ordinance shall in no manner affect pending litigation,
either civil or criminal, founded or growing out of any Ordinance,
Resolution, Order or parts thereof, hereby repealed, and this
Ordinance shall in no manner affect any rights, claims,
privileges, immunities or causes of action of the County, or other
person, either criminal or civil, that may have already occurred,
accrued or grown out of any Ordinance, Resolution, Order or
policy, or any part thereof, hereby repealed.
Section 12, Validity and Severability.
Should any portion of this Ordinance be found invalid for
any reason, such a holding shall not be construed as affecting the
validity of the remaining portions of this Ordinance.
Section 13, Effective Date. This
Ordinance shall be effective immediately after publication of
notice of its adoption.
As amended by action of the Lake County Board of
Cimmissioners on the 24th day of March, 2010.
____________________________________________________________________
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Appendix A
*The
information contained in this Appendix is valid as of the date of
the initial adoption of this Ordinance. This information is
subject to further amendment by the County Board of Commissioners,
and may otherwise be modified by local laws adopted by a township
government.*
Roads Open to ORV in Lake County, MI
(April 1, 2010)
Chase, Dover, Eden, Ellsworth, North Newkirk,
South Newkirk, Peacock,
Pinora, Sauble (seven roads), and
Webber Townships (five roads).
-
Brooks Rd
- Centerline rd to Miera's rd, 3 mile rd north to 7 mile
rd, 7 mile rd to the north, and 9 mile rd north to 12 mile
rd
-
Irons Rd
- 7 mile rd north to 12 mile rd
-
Jenks Rd
- Webber Township boundary north to Peacock, 4 mile rd
north to 5 mile rd
-
Peacock Tr
- Centerline rd north to 5-1/2 mile rd and 7 mile rd
north to 12 mile rd
-
Timber
Dr
-
Brookside
Rd
-
Astor Rd
10-1/2 mile rd north to 12 mile rd, 6 mile rd to the
south, 4 mile rd to the south and Centerline rd north to 1-1/2
mile rd
-
Yale -
36th st north to 32nd st
-
James Rd
- 36th st north to 16th st (ORV trail access) and M-37
north to 12 mile rd
-
Merrillville Rd
10-1/2 mile rd north to 12 mile rd, 9 mile rd north to 10
mile rd, 4 mile rd north to Old M-63 and Centerline rd north to 3
mile rd
-
Forman Rd -
7 mile rd north to 12 mile rd and 1 mile rd north to 2
mile rd
-
Jeffers
Rd
-
Red Pine
Ave
-
Oak
Ave
-
Parkway
Ave
-
Washing
Rd
-
Maresch
Rd
-
Savage
Rd
-
Snake
Tr
-
Bark Hills Rd
- 1 mile rd north to 3 mile rd
-
Twin Creek Rd
- Old M-63 north to 12 mile rd and Centerline rd north to
1 mile rd
-
Widewater -
2 mile rd north to 4 mile rd
-
Wilderness Tr
- 4 mile rd north to Old M-63
-
Two Pond
Rd
-
May
Rd
-
Hawk Rd -
10 mile north to 12 mile rd
-
Nelson Rd
- 10 mile rd north to 12 mile rd and 4 mile rd to Old
M-63
-
Spruce Rd
- 4 mile rd north to Old M-63
-
Kings Highway
- Old M-63 5-1/2 miles south to Cherry Valley Township
boundary and Old M-63 north to 11 mile rd.
-
Willard Rd
- State rd north to Lincoln Hills rd
-
Cedar Rd
- 3 mile rd to the south, 3 mile rd north to 3-1/2 mile
rd and 5 mile rd to the north
-
Queens Highway
- 3-1/2 mile rd north to 6 mile rd
-
K Lincoln Hills Rd
- Willard rd north to Lincoln Bridge rd
-
Lincoln Hills Rd
- Lincoln Bridge rd northwest to Kings
Highway
-
Fullerton Rd
- Old M-63 north to 5 mile rd
-
Melluis
Rd
-
State Rd
- Luther Village boundary north to Wexford County
boundary and 96th st north to Luther Village boundary
-
Ravine Rd
- 11-1/2 mile rd northeast to Wexford County
boundary
-
Douglas Rd
- Luther village boundary to the south and Luther Village
boundary north to 4-1/2 mile rd
-
Bonney Rd
- 4-1/2 mile rd north to 5 mile rd and 96th st north to
64th st
-
Mead Rd -
10 mile rd north to 11-1/2 rd
-
Pine River
Rd
-
Porter
Rd
-
Baker
Rd
-
Frank Smith Rd
- 32nd st north to Old M-63 and 72nd st north to 32nd
st
-
Clearwater
Rd
-
Saddler Rd
- 10 mile rd north to Wexford County boundary, 9 mile rd
to the north, 8 mile rd north to 9 mile rd, 4-1/2 mile rd north to
6 mile rd, 1 mile rd north to 2-1/2 mile rd, 72nd st north to Bar
X rd and 96th st north to 80th st
-
Skookum Rd
- 9 mile rd to the north, 8 mile rd north to 9 mile rd, 6
mile rd north to 6 mile rd (approx. 1/4 mile), 2-1/2 mile rd north
to 5 mile rd
-
Sportsman
Dr
-
Hawkins Rd
- 8 mile rd north to Wexford County boundary, 7 mile rd
north to 8 mile rd, 4-1/2 mile rd to the north, 8th st north to 3
mile rd and US-10 north to 40th st.
-
Mallard Tr
- 10 mile rd north to Wexford County
boundary
-
Raymond Rd
- 8 mile rd to the north and 1 mile rd north to Old
M-63
-
Deer Lake Rd
- 8th st to the north, 64th st north to US-10 and 96th st
north to 72nd st
-
Lakola Rd
- 10 mile rd north to 52 rd, 8 mile rd to the north, 6
mile rd north to 8 mile rd, 6 mile rd to the south, 96th st north
to 4/1/2 mile rd
-
Olga Lake
Rd
-
52
Rd
-
12 Mile Rd
- Peacock rd east to Merrillville rd, Forman rd east to
Nelson rd
-
11-1/2 Mile Rd
- Irons rd east to Savage rd and State rd east to Mallard
Tr
-
11 Mile Rd
- James rd east to Kings Highway
-
10-1/2 Mile Rd
- Brooks rd east to James Rd
-
10 Mile Rd
- Irons rd to the east, James rd east to Merrillville rd,
M-37 east to Kings Highway, State rd to the west and State rd east
to Lakola rd
-
9-1/2 Mile Rd
- James rd east to Merrillville rd
-
Lincoln Bridge
Rd
-
9 Mile Rd
- Brooks rd east to Peacock tr, Merrillville rd east to
Twin Creek rd, Kings Hwy 9, State rd east to Saddler rd, Hawkins
rd to the west and Hawkins rd to the east
-
Clay Pit
Rd
-
8 Mile Rd
- Peacock rd east to Twin Creek rd, Saddler rd east to
Raymond rd
-
Eden
Mt
-
Kadenbek
Tr
-
7 Mile Rd
- Brooks rd east to Irons rd, Peacock Tr to the west,
Peacock Tr east to Twin Creek rd, Kings Hwy 7, and Skookum rd east
to Lakola rd.
-
6-1/2 Mile Rd
- Raymond rd to the west
-
6 Mile Rd
- Bass Lake rd east to Brooks rd, Astor rd to the west,
Astor rd east to James rd, Lost Lake rd east to Twin Creek rd,
Queens Highway to the west and Queens Highway east to Lakola
rd
-
Bass Lake Rd
- 5 mile rd north to 6 mile rd
-
Red Maple
St
-
Lost Lake
Rd
-
Diagonal
Rd
-
5-1/2 Mile Rd
- Peacock Tr to the east and M-37 to the
east
-
5 Mile Rd
- Tyndall rd east to Hamilton rd, Bass Lake rd west to
Leisure Time campground entrance (approximately 1/8th mile), Bass
Lake rd east to Pine Log dr/McDowell dr, Brooks rd east to Peacock
tr, Peacock tr to the east, Kings Highway east to Cedar rd and
Skookum east to Sportsman Dr.
-
4-1/2 Mile Rd
- Peacock rd east to M-37, Douglas rd east to Lakola
rd
-
HB
Dr
-
Old M-63
- M-37 east to Merriville rd, Twin Creek rd east to May
rd and 4 mile rd north to 5 mile rd
-
Rose Meadow
Dr
-
Patridge
Ln
-
4 Mile Rd
- Tyndall rd east to Snake tr, Brooks rd east to M-37,
Merrillville rd east to Wilderness tr, Wilderness tr to the
east,Widewater rd to the west, Widewater rd east to Kings Hwy,
Douglas rd to the east, and Raymond rd east to Kalola
rd
-
Main
St
-
Cherry Hill
Ave
-
3-1/2 Mile Rd
- Cedar rd east to Luther Village boundary, Luther
Village boundary to the east and Raymond rd to the
east
-
Scotty
Tr
-
Lincoln Creek Rd
- Luther Village boundary to the west
-
3 mile Rd
- Mason County boundary east to Brooks rd, Kings Hwy east
to Cedar rd, Cedar rd to the east, Old M-63 to the east, and
Skookum rd east to Lakola rd
-
Pine Tree
Rd
-
2-1/2 Mile Rd
- Old M-63 east to Saddler rd, Saddler rd to the east and
Hawkins rd to the west
-
Miera's
Rd
-
2 Mile Rd
- M-37 east to Widewater rd
-
1-1/2 Mile Rd
- Peacock Tr east to Astor rd
-
Wolf Lake
Dr
-
Wolf Lake
Boulevard
-
New Port
Dr
-
Grand
-
Northern
-
George
-
Lloyd
-
Wolf Ave
- Wolf Lake Dr north to M-37 and wolf Lake Dr south to
M-37
-
East
End
-
Delong -
Wolf Lake Dr. east to M-37
-
Carnahan
Rd
-
Barklett
Rd
-
Lone
Pine
-
Timberwolf
Tr
-
1 Mile Rd
- M-37 east to Bark Hills dr, Frank Smith rd to the west,
Frank Smith rd east to Hawkins rd and Raymond rd east to Lakola
rd
-
Logan
Tr
-
Wilco
Rd
-
Pine
Ave
-
Oak Way
Dr
-
Southern
Ave
-
Centerline Rd
- Brooks rd east to Peacock tr, Peacock tr east to Astor
rd, M-37 east to Twin Creek rd and Lakola rd to the
west
-
8th St -
State rd east to Frank Smith rd and Frank Smith rd east to Lakola
rd
-
Bates
Tr
-
16th St
State rd east to Frank Smith and Deer Lake rd to the
west
-
24th St -
State rd east to Frank Smith rd, Deer Lake rd to the west and Deer
Lake rd east to Lakola rd
-
32nd St -
Jenks rd (ORV trail access) east to M-37 (Barski's), State rd east
to Bar X rd and Deer Lake rd east to Lakola rd
-
36th St -
Yale east to James
-
Springtime
- Yale east to M-37 (Copeland Oil)
-
BarX
Rd
-
Maple
Grove
-
40th St -
State rd east to Lakola rd
-
48th St -
Frank smith rd to the west and Frank Smith rd east to Lakola
rd
-
56th St -
State rd east to Frank Smith rd
-
Jointer
-
Cherry
-
Sand
-
Silver
Maple
-
North
-
Center
-
Depot
-
First
Choice
-
Second
Choice
-
Third
Choice
-
Webster
-
Burley
Rd
-
Rosecrans
-
US
Grant
-
Messenger
-
64th St -
State rd east to Lakola rd
-
72nd St -
Bonney rd east to Lakola rd
-
Finkbeiner
Rd
-
80th St -
Saddler rd to the west and Saddler rd east to Lakola
rd
-
84th St -
State rd east to Saddler rd
-
88th St -
Hawkins rd east to Lakola rd
______________________________________
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Roads Closed to ORV in
Lake County, MI
(April 1,
2010)
ALL ROADS ARE
CLOSED
in
Cherry Valley, Elk, Lake, Pleasant Plaines,
Sweetwater, and Yates Townships
U.S. 10 & M 37
are Closed - State Highways
12 Mile Rd (Brooks
to Peacock Rd) Closed - Manistee Road Commission
road
Roads Closed in Open
townships
-
S. Hawkins Rd
from US-10 to 96th street
-
S. Deer Lake Rd
from US-10 to 8th street
-
Old M-63
from Luther Village boundary to Lakola rd
-
N. Raymond Rd
from Old M-63 to 8 mile rd
-
E. 8 Mile Rd
from N. Saddler rd to N. Skookum rd
-
N. Skookum Rd
from E. 8 Mile rd to E. 6 Mile rd
-
N. Skookum Rd
from E. 6 Mile rd to E. 5 Mile rd
-
Old M-63
from N. Kings Hwy to Luther village boundary
-
Old M-63
from N. Kings Hwy to May rd
-
Old M-63
from Twin Creek rd to Merriville rd
-
3 Mile Rd
from M-37 to N. Kings Hwy
-
E. 10 Mile Rd
from M-37 to Merrillville
rd
-
N. Merrillville Rd
from 10 Mile rd to 10-1/2 Mile rd
-
W. 10-1/2 Mile Rd
from N. Merrillville rd to N. Peacock tr
-
W. 7-1/2 Mile Rd
from N. Peacock Tr to N. Irons rd
-
N. Irons Rd
from 4 mile rd to 7 mile rd
-
96th St
from Lakola rd to State rd
-
Little Manistee
River Rd from Tower View rd to Irons rd
-
Saddler Rd
from 7 Mile rd to the south
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