The Chippewa County Board of
Commissioners met in a special session on
Present: Commissioners: Dale,
Cooper, Laioie and Chairman McDowell
Absent: Commissioners: Postula,
Hopper and Kay
Also Present: Timothy Dolehanty,
Controller, Diane S. Cork,
Chairman McDowell stated the
reason for the special board meeting was to discuss and/or act on the proposed
ORV Ordinance.
Commissioner Cooper would like
to see the ordinance pass and let the townships exclude the roads they want.
Chairman McDowell was informed
that
In reviewing the proposed
ordinance, Commissioner Dale would like to have the ordinance in effect for six
(6) months so a review process could take place to study the effects of the
ordinance.
It was moved by Commissioner
Dale, supported by Commissioner Cooper, to change the wording on the ordinance
to reflect the ordinance will be in effect for six (6) months and not one (1)
year. On a voice vote, the motion carried.
It was moved by Commissioner
Cooper, supported by Commissioner LaJoie, to approve the following O.R.V.
Ordinance:
O.R.V. ORDINANCE Ordinance #2
An ordinance of the County of
Chippewa pursuant to Public Act 319, of 1975, Section 3 1, as amended, for the
regulation, and establishing access routes for the operation of off-road
recreational vehicles and to provide penalties for non compliance:
THE
1. Section 1. As used in this
Ordinance, the following definitions shall apply:
a. “
improved, maintained and used by
the public for vehicular travel, including any improved shoulders.
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 an 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 driven by power from a source other than muscle or wind. “ORV”
or vehicle does not include a 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
thnction. This includes, but is not limited to, ORVs commonly known as
3-wheelers and 4-wheelers.
d. “Access” means to a place
where ORVs can be lawfully operated.
Section 2. ORVs, other than ORVs
that are also licensed as to be lawfully driven on the roads and highways of
this county such as pick-up trucks, shall be operated for access as follows:
a. within the outer five feet,
at the right side, of all “Seasonal Roads,” as established by the Chippewa
County Road Commission, within Chippewa County.
b. within the outer five feet,
at the right side, of the following “Non-Seasonal” roads, or the following
portions thereof:
1. All roads in
2. All roads in
3. All roads in
5. Superior Drive, for its
entire length, in
Section 3. While operating an
ORV on Chippewa County Public Highways, or “Public Roadways,” as allowed above,
the operator must:
a. Be 16 years of age or older.
b. Drive in a single file
manner.
c. At a speed not to exceed 15
miles per hour.
d. Yield to all pedestrian and
motor vehicle traffic.
e. NOT OPERATE within county
owned parks.
f. NOT OPERATE in any area
closed by Governmental authority.
g. NOT OPERATE one hour after
sunset and not until one hour prior to sunrise.
h. Comply with State of
Section 4. Any person who
violates this ordinance is guilty of a misdemeanor, punishable by a fine of no
more than $500.00 or imprisonment for 90 days, or both, and the frill
restitution of any damages caused or experienced as a result thereof
Section 5. The Chippewa County
Board of Commissioners or the Chippewa County Road Commissioners may rescind
ORV operation on the public highways or public roadways or portions thereof,
set out in Section 2 of this ordinance, with appropriate notices being given to
the other, to the public and posting signs on the closed portion.
Section 6. This ordinance, which
shall become effective 30 days after its publication in The
Evening News and the Community
Voice and any other newspapers of genera! circulation within
Chippewa County. and shall be in
effect for six (6) months thereafter.
ON DISCUSSION:
A Brimley area residents thought
that by passing this ordinance, it would opening the doors for motorcycles, all
terrain jeeps etc. He stated the right of way does not belong to the County. He
wanted to know who would be liable if an accident should happen.
Commissioner McDowell said the
State passed a law allowing Counties to operate on road shoulders and the
liability to the County was none, unless gross negligence was to occur. This
ordinance was designed after the one Luce County has and they have received no
complaints.
Commissioner Dale explained that
the ordinance will be under close scrutiny and in six months will be reviewed
again for complaints and problems.
Jill Soulliere would like to see
the ordinance changed to allow the ORVs to operate after dark, until 10:00 p.m.
Commissioner Dale would like to
keep the ordinance the way it is for six months.
Commissioner LaJoie thought by
allowing the ORVs out past dark, there might be a conflict with hunters.
Ms. Soulliere stated if hunters
can go in and out after dark, why no ORVs. It was suggested that this question
be addressed to the D.N.R.
Charlie McLeod, on behalf of his
daughter and son-in-law who live on Neebish Island, would like to be able to
drive their ORVs from their home on Neebish Island to the ferry and back again.
On the motion: On a voice vote,
Chippewa County Ordinance #2, O.R.V. Ordinance, the motion carried.
It was moved by Commissioner
LaJoie, supported by Commissioner Cooper, to adjourn. Motion carried. Thereupon
the meeting did adjourn at 8:35 a.m.
Respe fUlly submitted,
Diane S. Cork, Clerk Gary McDow Chairman