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County may redo ORV rules

By Dionna Harris - dharris@dailypress.net
POSTED: September 6, 2008

ESCANABA - While state law prohibits operation of off road vehicles along state highway right of ways, recent action taken by the Michigan Legislature goes a step further. Michigan has now voided all county ordinances related to ORVs.

The Delta County Board is scheduled to address the issue later this month at a public hearing.

"Five years ago there was a county ordinance which allowed for the operation of ORVs along the right edge of a county road, as long as the operator was in possession of a valid driver's license, the vehicle displayed proper registration, and was operated at a speed of 25 miles per hour," said Delta County Sheriff Gary Ballweg.

If there were more than one rider, he added, then the vehicles would have to operate in single file.

Ballweg said legislation was passed in July amending Public Act 451 of 1994 in an effort to protect the environment and natural resources, while at the same time consolidating and classifying laws related to natural resource and conservation issues.

Under the new legislation, all previous ordinances concerning the operation of ORVs passed by county boards or townships became null and void.

With passage of the legislation, a child under 16 cannot operate an ORV unless under direct supervision of an adult and must have an ORV safety certificate.

The legislation also prohibits an operator less than 12 years old from crossing a highway or street. An operator between the ages of 12 and 16 may do so, only on those highways or streets that have been legally set for that purpose.

There is, however, a provision allowing a county board to adopt an ordinance authorizing the operation of ORVs along county roads. Under the new law, the county board has 45 days from the time the law is implemented in which to conduct a public hearing concerning an ORV ordinance.

The Delta County Board, under the 45-day ruling, has scheduled a public hearing on the matter for Sept. 24 at 5:15 p.m. in the circuit courtroom of the Delta County Courthouse.

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