GREENWOOD TOWNSHIP – PUBLIC NOTICE
GENERAL ORDINANCE NO. 2019-002 (DRAFT):ORV Ordinance

PUBLIC NOTICE is hereby given that Draft Ordinance No. 2019-002 ORV Ordinance will be the subject of a public hearing on September 24, 2019 at 7:00 PM., at the Greenwood Township Hall located at 5589 S. 200th Ave., Hesperia.

An ordinance AUTHORIZING AND REGULATING the operation of OFF-ROAD VEHICLES (ORVs) on county primary and county local roads in Greenwood Township, Oceana County, Michigan, providing penalties for the violation thereof, and for the distribution of fines and costs resulting from those penalties pursuant to 2009 PA 175, MCL 324.81131.

DEFINITIONS: An ordinance establishing definitions in SECTION 1. Definitions established for the purpose of this ordinance, which shall apply unless the context clearly indicates or requires a different meaning.

OPERATION OF ORVS ON COUNTY ROADS AND the related governing REGULATIONS : An ordinance for which SECTION 2 provides for the OPERATION of an ORV on all roads located within the Township provided that the ORV is operated only with the flow of traffic, on the far right of the maintained portion of the road and subject to all REGULATIONS outlined in detail in SECTION 2 of the true and complete copy of the Ordinance.

NO TOWNSHIP DUTY TO MAINTAIN COUNTY ROADS pursuant to SECTION 3 of Ordinance No. 2019-002: despite the provisions contained in this Ordinance allowing ORVs to use portions of County roads, the Township shall have no duty, and undertakes no duty, to maintain a road within its boundaries in a condition that is reasonably safe and convenient for the operation of ORVs. Pursuant to MCL 324.81131 and MCL 691.1405, the Township shall be immune from tort liability for injuries or damages sustained by any person arising in any way out of the operation or use, on the maintained or unmaintained portion of a highway, road, or street, of an ORV.

CARELESS OR RECKLESS OPERATION, SECTION 4: In a court action in this state where competent evidence demonstrates that a vehicle permitted to be operated on a road, street, or highway pursuant to the Michigan Vehicle Code, 1949 PA 300, MCL 257.1 to 257.923, is involved in a collision with an ORV, the operator of the ORV involved in the collision shall be considered prima facie negligent.

OPERATION OF ORV BY CHILD – SECTION 5: A parent or guardian of a child less than 16 years of age shall not permit or allow the child to violate any provision of this Ordinance.

ENFORCEMENT – SECTION 6: a) a VIOLATION of this Ordinance is a municipal civil infraction, and a personal responsible for a civil infraction under this Ordinance shall pay a fine of NOT LESS THAN $175.00 NOR MORE THAN $500.00 PLUS COSTS AND ACTUAL REASONABLE ATTORNEY FEES incurred by the Township in enforcing this Ordinance. In addition, the Court may order the defendant to pay the cost of repairing any damage to the environment, a road, or public property damaged as a result of the violation. b) Officers, deputies, members and/or agents of the Oceana County Sherriff’s Department are authorized to enforce this Ordinance and to issue municipal civil infraction citations directing alleged violators of this Ordinance to appear in Court. c)The Township Treasurer shall deposit fines and costs collected under this Ordinance under the applicable provisions of the Revised Judicature Act, MCL 600.8379, into a fund designated as the ORV Fund. d) The Township Treasurer shall appropriate revenue in the ORV Fund as follows: 50% to the Oceana County Road Commission for repairing damage to roads and the environment that may have been caused by ORVs and for posting signs indicating ORV speed limits or indicating whether roads are open or closed to the operation of ORVs, and 50% to the Oceana County Sheriff’s Department for ORV enforcement and training.

MASTER MAP – SECTION 7: The Township shall maintain a master map and make it available to the public, indicating those roads and highways and parts or sections thereof where the operation of ORVs is permitted and prohibited pursuant to this Ordinance. Nothing in this section requires the Township to bear the costs or expenses associated with distributing copies of the map to the public.

SEVERABILITY – SECTION 8: If any section, clause, or provision of this Ordinance is declared unconstitutional or otherwise invalid by a court of competent jurisdiction, said declaration shall not affect the remainder of the Ordinance, which shall be given effect without the invalid portion or application.

EFFECTIVE DATE – SECTION 9: This Ordinance shall take effect and be in force upon the expiration of 30 days of the date when the NOTICE of ADOPTION of this Ordinance is published in the Oceana Herald Journal.

The publication of this Notice is intended to meet the requirements for publication as provided by law. A true and complete copy of the draft Ordinance can be inspected by appointment at the Greenwood Township Hall, 5589 S 200th Ave Hesperia, MI 49421, Phone: 231-854-0202 or 231 286 3651.

Individuals with disabilities requiring auxiliary aids or services should contact the Greenwood Township Board by writing or calling the following: Greenwood Township Clerk, PO Box 358, Hesperia, MI 49421, Telephone: 231-286-3651 or 231 854 0202.

Posted on 8/19/19 at 1:55 PM
By: Cora Conley
Greenwood Township Clerk