ORV's Ordinance

[Tuneman]

This is what I read in the Beaver Island News On The Net yesterday.
"With all the discussion on Beaver Island about whether ORVs should be allowed on the township roads, all one has to do is take a quick trip out to Gull Harbor to see how some people can't or won't understand what a natural area is and can't or won't take the time to protect that natural area even less than 6 yards from the sign."
We don't condone what the person in the pictures have done, in fact it sickens us to see anything like this happen. But the article's implication that anyone owning a mini bike, a ATV or a ORV is this type of "SLOB" and does not deserve the privilege of a trial before being convicted of a crime just for owning one of the above mentioned vehicles.
To put this into perspective Anybody could be arrested for owning a car because they were spotted coming out of the Shamrock. The assumption here is that they are a drunk driver because they were spotted coming out of the Shamrock and getting in their car and driving away. This would be the same as saying an ATV, ORV, Mini Bike Owner, is going to go out and destroy natural habitat because he owns one of the vehicles mentioned. A new ordinance that would allow these vehicles the use of the shoulders of the roads means that a person that owns one of these vehicles should be arrested and thrown into jail for just the ownership of said vehicle.
Even though this is Beaver Island the Laws of the United States should still apply here. Just the fact that you own one of these vehicles shouldn't make you a criminal by association of ownership, because whoever did the crime on Gull Harbor is the criminal, and should be arrested, and all the other Law Abiding owner's of said vehicles shouldn't be accused of doing this crime!!!!
Another Point is this: Mr. Joel Sheltrown a state representative states: "Since opening the shoulders of its local roads, Ogemaw County has seen a substantial increase in tourism, the effect of which have been appreciated by many local businesses in the Rose City area. The Ogemaw County Sheriffs Department reports that opening county roads to ORVs has not resulted in increased road accidents or other
complaints. Many skeptics in the county who originally opposed the ordinance now support it."
The Article in News On The Net makes our point of needing an ORV Ordinance.
In our opinion if more ORV type vehicles were used here on Beaver Island due to an Ordinance more of this type of crime would be reported by the law abiding ORV owners not wanting to lose their privilege of using ORV's on Beaver Island roads.

Tuneman

[medic5740]

You can read anything you want into anything that is written depending upon your frame of mind when you read it. There was no implication about anyone or any type of vehicle intended. The legal operation of any vehicle was not questioned in this article, and nothing was implied about proper operation of any legal vehicle.

The fact is that some people operated vehicles in a natural area within ten yards of the posted sign. That was the only purpose of the article. The fact that BI is considering an ORV ordinance is also stated. The fact is that this behavior happened while BI is considering an ORV ordinance.

My questions is simply this: How do we protect our natural areas from this kind of poor judgment?

If writing an ORV ordinance will protect the natural areas, then I am all in favor of that ordinance.

By the way, I would gladly post any article about the proper use of ORVs or street legal vehicles by responsible people.

When can we get together to do this?

My email is: medic5740@gmail.com. My phone number is 231-448-2416.

[TjD]

July 19, 2008

House Bill 4323, which provides clear legal authority for counties, townships, cities and villages in northern Michigan to allow ORVs on their road shoulders was signed into law this morning. It is now Public Act 240 of 2008.

The law does prohibit off road ORV use in public natural areas and contains a provision to establish a fund for environmental remediation if damage is done. The new law also will provide funding for law enforcement to help deter or punish people who improperly use an ORV.

[John Bolton]

Great, I can't wait to get to the punishment part!
We have an old hoosegow down on Main street.
Let's have first time offenders (and their parents, if they are a minor) have to spend a few hours or an afternoon in the old jail. weather permtting.
btw: It would make a great press release for all of those who have an interest in keeping the Island "in the news".
Second offense?
Maybe a stationary bicycle that charges a battery used for the greater good of the community.......???

[TjD]

Third time offenders could be keel hauled. Of course it should be broad casted live via an internet web cam and latter posted to youtube to get the medias attention.

[medic5740]

The ORV law that was recently passed (one week ago) can be found at this website and downloaded for those that are interested. It is interesting that most of the concerns voiced are covered in this law including the fines and the possibility of seizing the vehicles from violators.

Interesting that keel hauling is not mentioned either.

http://www.legislature.mi.gov/(S(tczyluqre3ol2f45541dzgim))/mileg.aspx?page=getobject&objectname=2007-hb-4323

[John Bolton]

Keelhauling is not that effective in the Great Lakes because of the lack of barnicles on the hull bottom. It was the barnicles that did the most damage to the person being punished, as the scrapes and sores delveloped into what would usually cause a slow and painful death weeks later.... no anti biotics.

The curent ORV law passed was merely a law reinstating some basic freedom in America, not a lot, but just a little.
So if a rider steps out of line, and forgets that they are sharing the planet with others and need to be fair, respectful and play nice....well, they will revoke your priviledge, err, freedom, to ride what you like and use that violation as an excuse to quickly reimpose the rule of, "using the lowest common denominator" to decide what the rest of us are actually allowed to do here in the land of the free.....
Riders, do not prove the trolls right. If there are flagrant violatons in ORV use "they" will come back with a vengence for restictive law and next thing you know we will all be wearing our safty helmets and knee pads in the Shamrock ( insurance companies LOVE trolls)
In that vain, I support fast and hard punishment to violators who casually jeopradize this relaxation of the laws surrounding our basic freedom of transportation.

[257.625g]

Just wanted to post a quick reminder: The new house bill 4323, does not allow ORV operation on the roadways...It allows the townships and counties to pass ordinances, allowing the use of ORV's on the roadways. Until the county or townships enact an ordinance allowing the use, it is still illegal under state law. Hope this will prevent any confusion.

[David Roop]

Would someone explain to me ,why it is OK to ride snowmobile's on the Island and not 4 wheelers l am pleading ignorance on knowing the laws. Not that l am against snowmobile's, in fact l had a snowmobile when l lived on Darkey Town Road, back in the early 80's. l also had a 4 wheeler along with some other toys.
Them were the good ole days , when we were not bothered by the DNR nor the law enforcers, When l built my last house on East Side Drive in the early 2000's l brought a new 4 wheeler and much to my surprise that is when they started enforcing the law , l was let down so l ended up selling the 4 Wheeler, l certainlydidn't want to break the law.
By the way l started coming to the Island in 1972 the real GOOD OLE DAYS, and built a house in 1979 and moved to the Island on Jan 1, 1983 , we had to leave the island in 1989 for health reasons . l kept coming back every Fall and eventually built another summer home, it didn't work out so we sold out.
L miss the Island and the many friends we really enjoyed owning the Stoney Ace Grill and managing the Shamrock.

Enough said, hope to come back some day for a visit.

[BobTidmore]

From the Free Press

http://freep.com/apps/pbcs.dll/article? ... /807300329

[Jim]

While across last weekend, I read an article in the Record Eagle, I believe, noting the action of several northern counties concerning four wheelers on the road. A few counties, including Charlevoix, stated "No action to be taken-no local interest". Maybe the county doesn't know about our interest? Sorry I can't recall the newspaper's date.

[TjD]

The Peaine Township Supervisor has been seeking input from local organization on their feelings about an ORV ordinance. It is a good thing that he is taking the ORV use request seriously even though some of the responses will be extremely negative. Since the new law states that Townships must wait until next year to take up considering an ordinance the best we can get from the board at this date is a vote to support ORV use and a letter to the County Board requesting that they take up working on an ORV ordinance that includes Peaine Township.

The truth of the matter is that allowing ORVs on the side of the road will be no more dangerous to those that share the road than the trendy electric cars we now see traversing the Township. ORVs will have to operate in the same manner as the low speed EVs;on the far right at 25 mph or less. If operating a vehicle under these conditions was a threat to the roadway, local law enforcement would not be permitting the current (pun intended) illegal EV use in Peaine Township. An ORV ordinance would provide more funding to local law enforcement to patrol township roads and stop illegal activity. Having a local ORV ordinance will allow access to fund money to address environmental damage done by an ORVs. With out the ordinance law enforcement will not be as well funded and if environmental damage is done by illegal ORV activity there may not be state money to fix the damage.

Several ORV ordinances have been enacted that were for a trial period of one year. If all of the negative consequences foretold by some comes true the ordinance would not be renewed. Those opposed to ORV use will try to frame an argument in which ORV advocates have to prove a negative; and we all know that is almost impossible. The only means to do this would be through a one year trial period. I hope that the board will treat ORV users fairly and give us a chance. I think the bottom line to all of this is TRUST. Does the Township Board TRUST the residence of the island to operate ORVs in a responsible manner. If our township boards don't trust us, can we trust them? A letter to the county requesting a one year trial period of legal ORV road use will demonstrate that the board is fair and trust the residence enough to give us a fair chance.