Gratiot residents request ORV ordinance

Linda Gittleman

A request for county ordinance for off-road vehicles was presented to the Gratiot Board of Commissioners before a packed house of supporters.

Robert Myers of Rainbow Lake told the board that he and others were interested in seeing an ordinance established that would allow for some ORV use in certain areas.

Citing the 2008 law that opened the use for northern Michigan counties, Myers said that a total of 39 counties now have countywide ordinances.

"Nothing is forced," he said. "It is enabling local governments to create legislation."

And, he said, "It's not a free-for-all."

With such an ordinance, users would have to operate at 25 miles per hour or less, and no one under the age of 12 would be allowed to drive the vehicle. Those under the age of 18 could operate a golf cart, as one example, but only with an adult and only once the driver had taken a safety class.

If an accident were to occur, "the operator (of an ORV) is prima facie at fault," he said.

Furthermore, the state and local governments are protected from failure to maintain roads, he said.

"Any local unit of government - cities, villages - can opt out," he said.

In Clare, he said by way of example, the city chose to not allow ORVs, but in Harrison, the use of ORVs is allowed in certain areas.

"It's proven not to be so much of a problem for law enforcement," he said, pointing out that police like the clarity.

Since ordinances have been enacted, he said there has been no increase in fatalities.

He asked that a committee be formed to develop the ordinance and suggested that the road commission and the sheriff and prosecutor be contacted early on.

Commissioner David Eldridge said he thought it was an excellent idea and that it was a step in the right direction to increase recreational opportunities and jobs in the county.

Myers supplied the board with a stack of documents and chairman Mark Knowles thanked Myers for providing such a thorough report.

Myers also agreed to help develop the ordinance.

Commissioner Pat Gillis suggested that the request be forwarded on to the county planning commission and the board agreed.

Administrator Nicole Frost, however, pointed out that the planning commission does not meet regularly and she would notify him of the time.

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Source: http://www.themorningsun.com/articles/2010/05/19/news/srv0000008308159.txt

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