ESCANABA — A proposed ordinance that would allow side-by-sides to operate on city streets has been met with resistance from Escanaba residents.

The ordinance was first proposed at the April 21 regular city council meeting, but concerns from residents prompted a series of changes to the final version of the ordinance discussed at the May 5 council meeting. At the May meeting, all of the comments from city residents about the revised ordinance were overwhelmingly negative, with only one non-resident property owner speaking in favor of side-by-sides being operated on the streets, prompting the council to delay a decision on the issue.

“There are some things that have been raised by the public that cause me some concern,” said City Attorney Laura Vogler, who will be reviewing the ordinance prior to the council’s final decision.

The current version of the ordinance allows for side-by-sides to be operated on city streets one half-hour before sunrise to one half-hour after sunset or 9 p.m., whichever is later. It does not permit the operation of dirt bikes or ATVs — despite many residents conflating side-by-sides and ATVs in their comments — as those vehicles are more likely to be two-stroke engines and louder than their four-stroke counterparts.

Side-by-sides may be driven only on the most direct route from a trailhead to and from lodging, to obtain food at restaurants or stores, to get fuel or repairs, and to a residence. They must travel on the far right of the maintained portion of a roadway and the gravel portion of paved roads within the city’s borders, except for certain areas specified in the ordinance and on an accompanying map.

The two documents prohibit the operation of side-by-sides on any roadway, shoulder or right-of-way for state and federal highways, such as US-2, US-41 and M-35. Side-by-sides are also prohibited on the majority of roads in Ludington Park, except for when some of those roads are used to access the lake for ice fishing. Specifically, access would be permitted onto Beaumier Way to the north parking lot, Loren W Jenkin Memorial Drive to Sand Island, and Bath House Road to the parking lot east of the bandshell, but only for the purposes of accessing the ice. In addition, side-by-sides cannot be operated on any city streets between Dec. 1 and March 31 unless the side-by-side is being used to access the ice for ice fishing or is being used to remove snow.

One of the chief concerns for residents was the safety of motorists sharing the road with side-by-sides.

“I’m not so much worried about donuts in the park as I am about somebody’s kid being creamed because somebody didn’t see them in time,” said resident Dan Zellar, who noted that pickup trucks can weight multiple tons and even semis travel downtown to make deliveries.

The ordinance does specify some safety regulations, however. Side-by-side operators must be at least 16 years old and have a valid driver’s license, follow traffic laws, and, along with any passengers, wear a Department of Transportation approved crash helmet and eyewear — unless the operator and all passengers are wearing seatbelts in an ORV with a roof that meets or exceeds the standards for crash helmets. Other concerns included the fact side-by-side operators are not required to carry insurance on their vehicle, making them a liability to other motorists and to pedestrians. Side-by-sides are also not required to have turn signals, though the ordinance does require them to operate with lights at all times.

Council Member Tyler DuBord noted that many side-by-sides are manufactured or modified to be street legal, through the addition of turn signals and other safety equipment. Those vehicles are already permitted on city roadways.

“Even if there’s an ordinance that does not pass for (side-by-sides), if they become street legal, they’re legal, and they can go up and down the street,” he said.

While the May 5 meeting included the last of the legally required public hearings on the issue, community interest led Mayor Mark Ammel to suggest the public will be able to speak on the issue again.

“I don’t know how all those people feel about not having another one, though,” said Ammel after being told by City Manager Patrick Jordan that another public hearing was not required.” I may recommend we allow them to comment one last time.”

Even if there is not an additional public hearing, residents may always have their voices heard prior to the board’s actions on agenda items during the first public comment period of a city council meeting.