May 9, 2012, Introduced by Rep. Huuki and referred to the Committee on Natural Resources, Tourism, and Outdoor Recreation.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending section 81131 (MCL 324.81131), as amended by 2011 PA
107.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 81131. (1) A municipality may pass an ordinance allowing
a permanently disabled person to operate an ORV in that
municipality.
(2) Subject to subsection (4), the county board of
commissioners
of an eligible a county may adopt an ordinance
authorizing the operation of ORVs on the maintained portion of 1 or
more roads located within the county, including the shoulders of
those roads. Not less than 45 days before a public hearing on the
ordinance, the county clerk shall send notice of the public
hearing, by certified mail, to the county road commission and, if
state forestland is located within the county, to the department.
The county shall not charge a fee for the operation of ORVs on
roads under its jurisdiction.
(3) Subject to subsection (4), the township board of a
township
located in an eligible county may adopt an ordinance
authorizing the operation of ORVs on the maintained portion of 1 or
more roads located within the township, including the shoulders of
roads under its jurisdiction. Not less than 28 days before a public
hearing on the ordinance, the township clerk shall send notice of
the public hearing, by certified mail, to the county road
commission and, if state forestland is located within the township,
to the department. This subsection does not apply to a township
until 1 year after the effective date of the amendatory act that
first
defined eligible county so as to include authorized the
county in which that township is located for purposes of adopting
an ordinance under subsection (2). The township shall not charge a
fee for the operation of ORVs on roads under its jurisdiction.
(4) The board of county road commissioners may close a road to
the
operation of ORVs under subsection (2) or (3) to protect the
environment
or if the operation of ORVs under subsection (2) or (3)
poses
a particular and demonstrable threat to public safety if ORV
usage has created a significant threat to public safety or
extraordinary damage to the environment or a road, including the
shoulder of the road. A county road commission shall not under this
subsection close more than 30% of the linear miles of roads located
within the county to the operation of ORVs under subsection (2) or
(3).
The township board of a township located in an eligible county
may adopt an ordinance to close a road to the operation of ORVs
under subsection (2).
(5)
The legislative body of a municipality located in an
eligible
county may adopt an ordinance
authorizing the operation of
ORVs on the maintained portion of 1 or more streets within the
municipality, including the shoulders of those streets. The
municipality shall not charge a fee for the operation of ORVs on
those streets.
(6) Subject to subsection (4), if a local unit of government
adopts
an ordinance pursuant to under
subsection (2), (3), or (5),
a person may operate an ORV with the flow of traffic on the far
right of the maintained portion of the road or street covered by
the ordinance, including the shoulder of that road or street. A
person
shall not operate an ORV pursuant to under subsection (2),
(3), or (5) at a speed greater than 25 miles per hour or a lower
posted ORV speed limit or in a manner that interferes with traffic
on the road or street.
(7) A county board of commissioners may adopt an ordinance
authorizing the operation of ORVs on 1 or more highways located
within the county, including the shoulders of those highways. The
designation may be made on a permanent, seasonal, or temporary
basis. The county shall not charge a fee for the operation of ORVs
on those highways. Not less than 45 days before the county board of
commissioners holds a public hearing on the ordinance, the county
clerk shall send notice of the public hearing, by certified mail,
to the state transportation department and, if state forestland is
located within the county, to the department. The notice to the
state transportation department shall solicit the state
transportation department's comment on environmental and public
safety issues related to the proposed ordinance. Operation of an
ORV may be authorized under this subsection only on stretches of
highway that meet 1 or more of the following requirements:
(a) Will serve as connectors between ORV areas, routes, or
trails designated by the department or a local unit of government
that are not currently connected.
(b) Will provide access to tourist attractions, food service
establishments, fuel, or other services within a reasonable
distance from an approved ORV route or trail, including an ORV
route or trail on private property that is open for use by the
public, as determined by the local unit of government or the
department.
(8) (7)
Unless the person possesses a
license as defined in
section 25 of the Michigan vehicle code, 1949 PA 300, MCL 257.25, a
person
shall not operate an ORV pursuant to under subsection (2),
(3),
or (5), or (7) if the ORV is registered as a motor vehicle
under chapter II of the Michigan vehicle code, 1949 PA 300, MCL
257.201 to 257.259, and either is more than 60 inches wide or has 3
wheels.
ORVs operated pursuant to under
subsection (2), (3), or
(5), or (7) shall travel single file, except that an ORV may travel
abreast of another ORV when it is overtaking and passing, or being
overtaken and passed by, another ORV.
(9) (8)
A person, other than a person operating an ORV in an
organized ORV event between the hours of sunrise and sunset, shall
not
operate an ORV pursuant to under
this section without
displaying a lighted headlight and lighted taillight.
(10) (9)
A person under 18 years of age
shall not operate an
ORV
pursuant to under this section unless the person is in
possession of a valid driver license or under the direct
supervision of a parent or guardian and the person has in his or
her
immediate possession an ORV safety certificate issued pursuant
to
under this part or a comparable ORV safety certificate
issued
under the authority of another state or a province of Canada. A
person
under 12 years of age shall not operate an ORV pursuant to
under this section. The requirements of this subsection are in
addition to any applicable requirements of section 81129.
(11) (10)
A township that has authorized the
operation of ORVs
on
a road under subsection (3) does and a county or this state for
a highway open for use under subsection (7) do not have a duty to
maintain the road in a condition reasonably safe and convenient for
the operation of ORVs. A board of county road commissioners, a
county board of commissioners, or a municipality does not have a
duty
to maintain a road, or street, or highway under its
jurisdiction in a condition reasonably safe and convenient for the
operation of ORVs, except the following ORVs:
(a) ORVs registered as motor vehicles as provided in the code.
(b) ORVs permitted by an ordinance as provided in subsection
(1).
(12) (11)
Beginning October 19, 1993, This
state, a board of
county
road commissioners, a county board of commissioners, and a
county, are,
and , beginning on April 25, 1995, a municipality is
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 this state, the board of county road
commissioners, the county board of commissioners, or the
municipality has jurisdiction. The immunity provided by this
subsection does not apply to actions that constitute gross
negligence. As used in this subsection, "gross negligence" means
conduct so reckless as to demonstrate a substantial lack of concern
for whether an injury results.
(13) (12)
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 or highway under 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 under an
ordinance adopted under subsection (2), (3), or (5), or with an ORV
on a highway open for use under subsection (7), the operator of the
ORV shall be considered prima facie negligent.
(14) (13)
A violation of an ordinance
described in this
section is a municipal civil infraction. The ordinance may provide
for a maximum fine of not more than $500.00 for a violation of the
ordinance. In addition, the court shall order the defendant to pay
the
cost of repairing any damage to the environment, a road, or
street, or highway, or public property damaged as a result of the
violation.
(15) (14)
The treasurer of the local unit of
government shall
deposit fines collected by that local unit of government under
section 8379 of the revised judicature act of 1961, 1961 PA 236,
MCL
600.8379, and subsection (13) (14)
and damages collected under
subsection
(13) (14) into a fund to be designated as the "ORV
fund". The legislative body of the local unit of government shall
appropriate revenue in the ORV fund as follows:
(a) Fifty percent to the county sheriff or police department
responsible for law enforcement in the local unit of government for
ORV enforcement and training.
(b) Fifty percent to the board of county road commissioners
or, in the case of a city or village, to the department responsible
for street maintenance in the city or village, for repairing damage
to roads or streets and the environment that may have been caused
by ORVs and for posting signs indicating ORV speed limits or
indicating whether roads or streets are open or closed to the
operation of ORVs under this section.
(16) (15)
As used in this section:
(a)
"Eligible county" means any of the following:
(i) Oceana, Newaygo, Montcalm, Gratiot, Saginaw,
Tuscola, or
Sanilac
county or a county lying north thereof, including all of
the
counties of the Upper Peninsula.
(ii) St. Clair county.
(a) (b)
"Local unit of
government" means a county, township,
or municipality.
(b) (c)
"Municipality" means a
city or village.
(c) (d)
"Road" means a county
primary road or county local
road as described in section 5 of 1951 PA 51, MCL 247.655.
(d) (e)
"Street" means a city or
village major street or city
or village local street as described in section 9 of 1951 PA 51,
MCL 247.659.
Enacting section 1. This amendatory act takes effect October
1, 2012.
Enacting section 2. This amendatory act does not take effect
unless all of the following bills of the 96th Legislature are
enacted into law:
(a) Senate Bill No. ____ or House Bill No. 5615(request no.
03046'11 *).
(b) Senate Bill No. ____ or House Bill No. 5614(request no.
03046'11 a *).
(c) Senate Bill No. ____ or House Bill No. 5613(request no.
03046'11 b *).