Denton warns ORV riders

It's OK, but it's really not.

That's the message off-road vehicle riders are getting in the fall-out of Denton Township's passage of an ORV ordinance in December.

Michigan State Police at the Houghton Lake Post intend to enforce state law and ticket ORV riders, despite Denton's attempt at allowing some ORV traffic in the township.

Denton Township Supervisor Fred Chidester is warning riders that the Michigan State Police intend to ticket those operating ORVs under the township ordinance, and Chidester advises riders to follow the state statute, not the local ordinance. (See letter to editor.)

Last week, Chidester and Trustee Bob Smith met with 1st Lt. Patrick Boyd, commander of the Michigan State Police Post, Houghton Lake, to discuss the ORV conundrum.

In his advisory letter, Chidester concludes, "Until the validity of the Denton Township ORV Ordinance is established or it is found to be invalid, I recommend ORVs be operated under the rules of the state statute."

Boyd told the Resorter Monday that the two main concerns of the State Police are public safety and the fact that riders have been misinformed that they won't be ticketed on the designated roads in Denton Township.

"This is not our opinion," Boyd said, adding the State Police are held to the standard of enforcing state law. "We're not drawing a line in the sand- we don't see the ordinance as valid."

Boyd said he does not take issue with the intent of township officials, but ORV and snowmobiles are treated differently under state law. In addition, he said, ORVs are not designed for dry pavement and are manufactured for off-road use only. He added that in order to make ORVs roadworthy, the vehicles must meet Secretary of State standards- be licensed, plated and insured. ORVs will not be allowed to be operated illegally and those that are will be impounded, he said, adding even mopeds are regulated.

"As far as we're concerned- unless there's a change in the law- we'll be enforcing state law."

Citing a letter from Chief Deputy Attorney General Gary Gordon to state Rep. Joel Sheltrown, Sgt. Robert Greene of the Houghton Lake Post said the routes Denton chose do not begin or end at a trail head, and a lake is not a trail head or ORV area.

In the letter, Gordon says, in part, "A county may not adopt an ordinance that designates virtually all of its roads as 'access routes.' Instead, a county is only authorized to designate access routes consistent with the purpose of the statute- to provide for access to a specific DNR-approved trail, route or area as an exception to the general rule against ORV use upon a public highway, street or public right-of-way. Accordingly, an access route must have a designated beginning point and ending point at a DNR-approved ORV trail, route or area."

A POSSIBLE SOLUTION?

House Bill 4323, passed in the Michigan House of Representatives 107-0, is being promoted by Sheltrown as a solution to the ORV dilema.

As written, the bill allows a county board of commissioners (in counties in and north of Mason, Lake, Osceola, Clare, Gladwin, Arenac and Bay) to "adopt an ordinance authorizing the operation of ORVs on the maintained portion of one or more roads located within the county...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 one or more streets within the municipality," and "a person shall not operate an ORV...when visibility is substantially reduced due to weather conditions without displaying a lighted headlight and lighted taillight. Beginning Jan. 1, 2010, a person shall not operate an ORV pursuant to this section without displaying a lighted headlight and lighted taillight."

Under the bill, county road commissioners and county boards of commissioners would be "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," except as a result of gross negligence. ORV operators would be considered negligent if involved in a collision with another vehicle. It also divides ORV-generated revenue between the county road commission (or city or village) and the county sheriff's office or local police department for repairing damage to roads used by ORVs, and for posting speed limit signs (25 miles per hour).

Sheltrown said House Speaker Andy Dillon has assured him the bill will be pressed in the Senate, and that a trade will be made on another bill.

"It's too important for Northern Michigan...We're hurting economically," he said. "Individual governments should be allowed to decide for themselves...This is not a DNR issue."

Sheltrown said there are some problems as a result of Denton Township's passing of an ordinance.

"This might be tough for them," he said. "I wish these guys luck in their debate up there. I understand their concerns."

DENTON'S ORDINANCE

Denton's ordinance, passed in early December, 2007, designated the shoulders of certain township roads for ORV travel year-round, and for travel on any road within one mile of Houghton Lake or Lake James to get to the frozen surface of those lakes.

The ordinance, as approved unanimously by the township board, allows for ORV travel on the shoulder of the following roads: Waco Road from Townline Road to M-18, Duck Lake Road from Owens Road to Waco Road, Owens Road from Waco Road to Nestel Road, Nestel Road from Owens Road to Bright Angel Drive and Reilly Road from Townline Road to M-18.

The township voted on the ordinance after consulting with an attorney.

DNR COMMENTS

Lt. Creig Gray of the DNR's Law Enforcement Division, Roscommon, said the DNR's primary goal is to enforce laws on state-owned land, and that he is not anti-ORV. In fact, he said, he assisted Sheltrown in creating the bill by participating in a work group while he was posted in Lansing (he has been in Roscommon since November).

"In this economic climate, it's a big deal," he said.

However, he recognizes that Denton's ordinance redefines what an ORV is and conflicts with state statute.

In a Dec. 28, 2007, letter to Denton Township Supervisor Fred Chidester, James Radabaugh, section manager of the Recreation and Trails Section of the DNR's Forest, Mineral and Fire Management Division, forwarded information from his section staff who handles the ORV trails program: "The draft Denton Township ordinance is written to appear to conflict with the intent of the ORV statute."

The statement went on to say the ordinance redefines what an ORV is compared to state statute; one section appears to be impossible to enforce; it establishes speed limits; and makes all penalties a misdemeanor, whereas some are civil infractions.

Radabaugh told the Resorter the purpose of the act the townships are using to form ordinances is for the DNR to create a designated system of trails and routes through a "trail proposal process." Such a system would allow for ORVers to access gas and food facilities from the trail head, but it has a very narrow focus, and trails are to be marked with ORV route signs.

"It's a county to township road issue," he said, adding that county roads are under the jurisdiction of county road commissions. He said he understands what the townships would like to do, but that they should work with the county and the DNR.

PROSECUTOR

WILL ENFORCE

Roscommon County Prosecutor Mark Jernigan told the Resorter tickets State Troopers issue will be enforced by his office. He said there is a question as to whether Denton passed its ordinance properly, by first contacting the proper state agencies, namely the DNR.

He said until it is shown conclusively the ordinance was passed properly, state law rules.

Roscommon County Sheriff Fran Staley said his department has "no choice" in what laws they enforce. In regard to the ORV issue he said his office would rely on the advice by the prosecutor. His department cannot enforce township ordinances unless they have a contract with the township for enforcement.

In his warning letter, Chidester said that Section 324.81131 of the Michigan Compiled Laws state that a local government may adopt an ordinance. It seems that there is differing opinion as to what is a local government...The common meaning of 'local governments' would seem to include townships, villages, cities and counties."

LAKE TOWNSHP

ORDINANCE FAILS

In Lake Township, where the board adopted an ordinance setting US-127 as a boundary to the west of the lake for ORV travel Dec. 1 through March 31, an attempt Monday by ORV Task Force Chairman and Lake Township Treasurer Tom Rose to pass further regulations failed for lack of support.

Supervisor Barry Poindexter, who did not attend the meeting, had written an ORV ordinance, having done his own research, following up on that of the ORV Task Force. However, he made it clear he is not in favor of adopting it. He said there are still questions, and a few procedures that need to be in place.

Chidester told the Resorter Tuesday, in a phone interview while he was in Detroit attending a Michigan Townships Association convention, he would obtain more information and "see what other townships have done" regarding ORVs. He said his board will likely discuss the issue at its Feb. 6 meeting, and that rescinding the ordinance may be an option.

In the meantime, Sheltrown is hoping the solve the ORV issue statewide.

"I'm hoping that I get this changed," Sheltrown said, adding he told Gov. Jennifer Granholm he needs the bill passed. "I have to get it through the Senate yet, one way or the other."

COMMISSIONERS REACT

Roscommon County Commissioners, who last June passed a resolution urging creation of a task force to develop a plan for increasing ORV access to roads, Wednesday agreed to form a committee to meet with Sheltrown and press for passage of Sheltrown's ORV bill in the state senate. Chairman Larry Mead said the committee would include commissioners, township officials and business people.

Commissioners received notification from the Gerrish Township Board that it has decided not to act on the ORV issue because commissioners "do not have a comprehensive plan for the proposed ORV usage and/or routes" and "have not taken action to clarify at the state level what constitutes legal usage." The board also said Gerrish has no designated ORV trails.

Commissioner Bob Schneider said the Au Sable and Backus Township Boards are "taking a wait-and-see attitude" on the issue.

"The townships keep looking back at the commissioners to do something about this," Commissioner Lowell Souder said. "I don't think it's our responsibility to follow up on this."

Commissioner Ed Nellist said until the state senate acts, commissioners' hands are tied. "We can't step in and do what the state can do," he said.