OF PUBLIC HEARING ON
PROPOSED OFF ROAD VEHICLE (O.R.V.) ORDINANCE
The Lapeer County Board of
Commissioners of the County of Lapeer will hold a public hearing
regarding a proposed Off Road Vehicle (O.R.V.) Ordinance being
considered for possible adoption.
The public hearing will be held on
Thursday, April 3, 2014 at 9:30 a.m. at the Lapeer County Complex,
Commission Chambers in the Lower Level (Basement), 255 Clay Street,
Lapeer, Michigan 48446.
All citizens have the right to make
written or oral comments. Your participation is encouraged and
This notice is published
by: Lapeer County
255 Clay Street
Posted: February 14, 2014
If you are disabled and require
reasonable accommodation for this meeting, contact the following
person 48 hours before the Meeting, in writing or by
255 Clay Street, Lapeer, MI
COUNTY OF LAPEER
ROAD VEHICLE ORDINANCE
ordinance adopted to authorize and regulate the operation of OFF
ROAD VEHICLE’S by the County of Lapeer Board of Commissioners on
_________________, 2014. By adopting said ordinance in its entirety
for the purpose of promoting the health, safety, and general welfare
of the inhabitants of Lapeer County; and for the purpose of
authorizing and regulating the operation of off road vehicles (ORVs)
on roads in Lapeer County, for the purpose of providing penalties
for the violation thereof, and for the distribution of public funds
resulting from those penalties pursuant to 2011 PA 107, MCL
COUNTY OF LAPEER ORDAINS:
used in this ordinance, the following definitions shall apply:
"County" means the County of Lapeer.
"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.
"Operate" means to ride in or on, and be in actual physical control
of the operation of an ORV.
"Operator" means a person who operates or is in actual physical
control of the operation of an 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
multi wheel 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.
"Road" means a county primary road or county local road as described
in section 5 of1951 PA 1951, MCL 247.655.
Commission" means the Board of County Road Commissioners for the
County of Lapeer.
h) "Street" means a city or village major street or village local
street as described in section 9 of 1951 PA 51, MCL 247.659.
i) "Township" means an individual township within the County of
j) "Township board" means a board of trustees of any township
within the County of Lapeer.
An ORV may be operated on the far right of the maintained portion of
a road within the County with these exceptions:
the event that either the Road Commission has posted as CLOSED, or
in the event a Township has adopted an Ordinance which CLOSED and
posted, certain road(s) to ORV use, pursuant to MCL 324.81131(4),
operation otherwise permitted under this Ordinance shall not be
considered authorized, with respect to such closed road(s).
This Ordinance is not intended to authorize the operation of an ORV
on a road, street or highway which is under jurisdiction of a
municipality, nor upon a State or Federal Trunkline Highway within
the County. An ORV may NOT be operated upon M-24 (commonly known as
Lapeer Road), M-53 (commonly known as VanDyke Road), I-69, or M-90.
This Ordinance is not intended to authorize the operation of an ORV
on a street or road in a platted
residential subdivision, however allowing
ingress and egress to a destination or first Secondary road is
unless prohibited in subsection 2b above.
Ordinance is not intended to authorize the operation of an ORV on a
street, road or highway which is under
jurisdiction of a City or Village.
The Road Commission may close no more than 30% of the total linear
miles of roads in the County to protect the environment or if the
operation of ORVs pose a particular and demonstrable threat to
public safety. The Road Commission may not close a municipal street
to ORVs opened under MCL 324.81131 subsection 5.
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.
Section 5. Except as set forth herein or otherwise
provided by law, an ORV meeting all of the following conditions may
be operated on a road or street in the County:
a) At a speed of no more than 25 miles per hour or a lower posted
ORV speed limit.
a person not less than 16 years of age, as long as any such person
is in possession of a valid driver license.
c) With the flow of traffic.
a manner which does not interfere with traffic on the road or
Traveling single file except when overtaking and passing another ORV.
When visibility is not substantially reduced due to weather
While displaying a lighted headlight and lighted taillight at all
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.
i) 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.
j) While the ORV is equipped with a spark arrester type United
States Forest Service approved muffler in good working order and in
k) Pursuant to noise emission standards defined by law.
Unless a person has reached the age of 16 years and possesses a
valid driver's license, a person shall not operate an ORV on a Road
or Street in the County.
The Road Commission, the County Board of Commissioners, and the
County are immune from tort liability for injuries or damages
sustained by any person arising in any way out of the operation or
use of an ORV on maintained or unmaintained roads, streets,
shoulders, and rights-of-way over which the Road Commission or the
County Board of Commissioners has jurisdiction.
In a court action in this state, if competent evidence demonstrates
that a vehicle that is permitted to operate on a road or street
pursuant to the code was in a collision with an ORV required to be
operated on the far right of the maintained portion of a road or
street pursuant to this ordinance, the operator of the ORV shall be
considered prima facie negligent.
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
addition to the penalties under Section 9 of this Ordinance, 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
County Treasurer shall deposit all fines and damages collected under
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 specified in MCL 324.81131(18);
a) Fifty percent to the 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 opened or closed to the operation of ORVs.
b) Fifty percent to the County
Sheriff for ORV enforcement and training.
Should a portion of this Ordinance be found invalid for any reason,
such holding shall not be construed as affecting the validity of the
remaining portions of this Ordinance.
This ordinance supersedes and/or repeals any OFF ROAD
VEHICLE ORDINANCE adopted prior to the date of the adoption of this
Section 14. This ordinance becomes effective after
publication and expiration of the time prescribed by law.
is hereby adopted by action of the Board of Commissioners of Lapeer
County on this ____day of ________________, 2014.
Lapeer County Board of Commissioner
I, Theresa M.
Spencer, Clerk of the Board for the County of Lapeer, Michigan, do
hereby certify that this is a true and correct copy of the Ordinance
duly adopted by the Lapeer County Board of Commissioners on the ___
day of _________, 2014.
Theresa M. Spencer, County Clerk