City Commission Drafts ATV Ordinance Proposal

IRONWOOD, MI - Saturday, July 24, 2010 - The Ironwood City Commission held a workshop yesterday afternoon to hash out the details of a proposed ordinance that would regulate the use of All Terrain Vehicles (ATVs) on City streets.

The meeting was held in the Women's Club Room on the second floor of the Ironwood Memorial Building and it began at 4:30 PM. In attendance were all five members of the Commission: Kim Corcoran; Will Lucius; Gemma Lamb; Rick Semo; and Mayor Bob Burchell. Also in attendance were the following City staffers: Ironwood Public Safety Director Bob Erspamer; City Manager Scott Erickson; and City Clerk Karen Gullan. Representing the media were Annette Manwell and yours truly. In addition there were nine citizens in the audience.

Mayor Burchell called the meeting to order and immediately turned the floor over to Scott Erickson. The City Manager briefly explained the purpose of the workshop and the process required to enact the ordinance. Erickson explained that the workshop was simply an opportunity for the City Commission to weigh in on a proposed Ordinance that would allow for the possible use of ATVs on City streets. He explained that Commission held another workshop about a month ago to discuss the possibility and now they were about to go over the proposed document to suggest possible changes before the proposal is presented at a public hearing.

Erickson explained that public input during this workshop was not required, however, the Commission had the right to allow citizens to weigh in on the proposed addition to the City's Code of Ordinances.

Mayor Burchell suggested that the Commissioner all weigh in to see where everybody stands on the proposed Ordinance before the actual details of the document were discussed. Burchell began by listing of his main concerns:

He said he would like to create a safe and effective way for ATV-riding citizens of Ironwood to travel the most direct route on City streets from their home to the trail system.
He would not like to see all streets open to out-of-town or tourist ATV traffic. He wants to prevent a "free-for-all" situation.
He does not favor designating specific streets for ATV traffic because that could cause excessive problems to the residents living on those streets.
He said he is not opposed to a trail that utilizes the "Caves" area, however, he said that was another matter, and details still need to be ironed out on that issue.
He said he wanted to prevent racing up and down the streets by some users.
He said dust issues on Trail #2 needed to be addressed, expressing concern for residents who live along that trail and feel that the City will not listen to their complaints.

Rick Semo said he read through the proposed Ordinance and he was pretty please with it as it was presented. He said there may be bits and pieces that could be tweaked, but he was reasonably happy with the document as it stands. He explained his views:

It allows residents to ride on the streets to get to the trails.
He said it was suggested to him that a "trial" ordinance be put into place before enacting a "permanent" ordinance.
He suggested that a review could take place at a future date, once the ordinance expired, to decide whether or not to make the ordinance permanent.

Kim Corcoran told the Commission:

In addition to reading through the proposed Ironwood Ordinance, she studied that Ordinances passed by Marenisco, Bessemer and Wakefield.
She is opposed to the idea of having a required permit, suggesting that doing so would complicate matters and actually cause enforcement issues.
She pointed out that current State laws insure that riders wear helmets; are of legal age; are riding responsibly, etc. so along with the City restrictions, Public Safety will have enough tools to property control and regulate ATV usage on City streets.
She didn't agree with having an expiration date on the Ordinance. She said things can be changed, as necessary, by resolution or Ordinance in the future.
She said she's seen where other communities have used revenues generated through fines and penalties to pay for street signage, etc.
She suggested that use of City streets for trail access should be open to visitors to the community as well, if they are either renting property or staying at a local motel.

IPSD Director Bob Erspamer pointed out a few things:

The proposed Ordinance clearly states that the original rules of the road (Chapter 30) still apply to all users of the roads.
Fine amounts collected are not equal to the amount of money the City receives for the fines. Fine money, depending on how the citation is written is divided among other governmental units - the State, the courts, etc.
Even though fines for Ironwood Ordinances are paid in Ironwood, they go through the Magistrate and are funneled through the system. Ironwood does not keep all of the fine money collected.
He pointed out that Civil Infractions would generate more funds for the City than Misdemeanors, but he wasn't sure if that can be done.*
Tickets written under City Ordinances generate more money for the City than tickets written under State laws.
However, funds collected through the ATV ordinance could be earmarked to use for street signage, etc.
Erspamer told the Commission that the penalties proposed in the Ordinance are very similar to fines charged by the State.

*EDITOR'S NOTE: The City of Ironwood used to have a Municipal Court. If the City were to bring back a City court, many of the City's misdemeanors could be rewritten as civil infractions, and fines collected through those civil infractions would generate much needed funds for the City. Under the current system, misdemeanors are handled through the Gogebic County Court system, so fine revenues are heavily shared to offset the costs of prosecution.

Commissioner Gemma Lamb told the Commission that:

She believes the Ordinance needs to be very specific to prevent loop-holes. For example, "All operators of ATVs on City streets must be at least 16 years of age," should be clearly stated in the Ordinance.
She would like the Ordinance to be more restrictive than State law due to safety issues on the City streets. Twelve year old children are allowed to ride ATVs with parental supervision, and after passing a safety course.
She believes if slower speeds were required near residences, there would be fewer problems with noise, dust, and safety.

Commissioner Lucius expressed the following concerns:

Overly restrictive rules can lead to more problems when the intention is to reduce them.

Drastically reduced speed limits for ATVs on City streets, for example, could be more dangerous than requiring ATVs to travel at the same speed as automobile traffic.
Eliminating the ability for a parent to travel with his/her "under 16" child to get to a designated trail could cause a hardship for families.
Consistency with trail laws makes sense and eliminates problems.

Burchell expressed concern for liability issues and the possibility that the Ordinance might open up residents to liability hazard, and he asked if it would be possible to require minimum insurance coverage.

Burchell said he believed there were couple of legal questions that need to be answered by the City Attorney:

What portion of the fine money would come to the City if the violations were treated as civil infractions and handled by the City Attorney?
What liability risk are we exposing to our citizens by allowing uninsured ATVs on our streets?

Commissioner Lamb pointed out that 41% of all deaths on ORVs, the victims are under 16 years of age, and they usually happen on a city street rather than a trail. She said safety was her main concern. She said the ORV manual clearly states that ATVs are not designed to travel on pavement.

The Commission continued to discuss concerns regarding:

Signage on the streets; their costs; and who will undertake the task.
Insurance risks and liabilities.
The right speed limit. It was pointed out that Negaunee's Law of 5 mph was unrealistic, and that 15 mph was more feasible.
How tourism could be impaired by being too restrictive and what problems might be caused in enforcement.
All efforts must be made to insure that the Ordinance doesn't discriminate.
Right-of-ways and rules of the road with respect to interaction between ATVs and autos.
Education to alert the public of the new laws.
Having the Ordinance include dates when ATVs are not allowed on City streets, that correspond with snowmobile operations: December 1 through March 31.
Double riders on ATVs that are designed for only one rider.
Printing brochures that feature the City's Ordinance.

ORDINANCE NO. 478, BOOK 4

AN ORDINANCE PROVIDING FOR THE AMENDMENT TO THE "CODE OF ORDINANCES, CITY OF IRONWOOD, MICHIGAN, CHAPTER 30 TRAFFIC AND MOTOR VEHICLES, ARTICLE II UNIFORM TRAFFIC CODE, BY ADDING A NEW DIVISION 11. ALL TERRAIN VEHICLES USE ON CITY STREETS.

NOW THEREFORE, THE CITY OF IRONWOOD ORDAINS:

That Div. 11 be added to Chapter 30 Traffic and Motor Vehicles, Article II Uniform Traffic Code.

Div. 11 - ALL TERRAIN VEHICLE USE ON CITY STREETS

The City of Ironwood ORDAINS:

That Div. 11 be added to Chapter 30 Traffic and Motor Vehicles, Article II Uniform Traffic Code and the same hereby is amended to the following ordinance and adopt to read as follows:

REPEALER

The existing provisions of Chapter 30, Article II shall remain in full force and effect, except that any ordinance, resolution, order or parts thereof in conflict with the provisions of this amendment are, to the extent of such conflict, hereby repealed. This repeal shall be effective as of the effective date of the following amendment.

AMENDMENT

Div. 11

(a) Purpose

The intent of this ordinance is to authorize the establishment of access routes along highways and streets within the City of Ironwood for use by all-terrain vehicles (ATVs); establish the terms and conditions upon which such access routes may be used; and for the purpose of providing penalties for the violations thereof, pursuant to the Michigan Natural Resource and Environmental Protection Act, MCL 324.101 et. seq.

(b) Definitions

When used in this ordinance, the following words or terms shall have the following meanings:

(1) "Highway" means the entire width between the boundary lines of a way publicly maintained when any part of the way is open to the use of the public for the purpose of vehicular travel. "Highway" includes city streets and alleys.

(2) "Operate" means to ride in or on, and to be in actual control of, the operation of an ATV.

(3) "Operator" means a person who operates or is in actual physical control of the operation of an ATV.

(4) "ATV" or "All Terrain Vehicle" means a 3-, 4- or 6-wheeled vehicle designed for off-road use that has low-pressure tires, has a seat designed to be straddled by the rider, and is powered by a 50 cc to 1,000 cc gasoline engine or an engine of comparable size using other fuels or such other definition as may be provided by State Law.

(5) "Roadway" means that portion of a highway improved, designated, or ordinarily used for vehicular travel, not including the shoulder. If a highway includes two or more separate roadways, the term roadway refers to a roadway separately, but not to all roadways collectively.

(6) "Shoulder" means that portion of the highway contiguous to the roadway, generally extending the contour of the roadway, not specifically designed for vehicular travel, but maintained for the temporary accommodation of disabled or stopped vehicles which are otherwise permitted on the roadway.

(c). Designation of Highways for ATV Use

(l) Unless specifically designated otherwise as provided herein, all highways, city streets and alleys within the City are hereby designated to be access routes upon which ATVs may be operated for the purpose of providing access to and from areas where ATV operation is permitted. Such access routes do not include or involve state or federal highways.

(2) The City Commission is hereby authorized, by Resolution, to designate those highways, streets or alleys under its jurisdiction, or parts or sections thereof, upon which the operation of ATVs shall be permitted.

(3) The City shall maintain a map of all highways and streets under its jurisdiction, upon which shall be indicated all such highways and streets and parts or sections thereof upon which the operation,of ATVs is prohibited. Copies of such map shall be maintained and made available to the public upon payment of the cost of reproduction thereof.

(d) Regulations on ATV Operation

(1) No ATV shall be operated on any highway, street, alley, or any part or section thereof, under the jurisdiction of the City where the operation of ATVs on such highway or street, or part or section thereof, has been specifically prohibited by Resolution of the City Commission.

(2) An ATV operated on a highway, street or alley pursuant to this ordinance shall at all times be operated:

A) For the purpose of gaining access to or from areas where ATV operation is permitted, using the most direct route;

B) On the outermost five (5) feet of the shoulder, or, in situations where no delineated shoulder exists, then on the outermost right side of the roadway, but not on grassy areas or areas not normally used for vehicular travel;

C) In single file, with the flow of traffic;

D) In compliance with all of the provisions of statutes, rules, regulations, and ordinances applicable to such ATV operation;

E) At a speed not to exceed fifteen (15) miles per hour; and

(3) An ATV may be operated on the roadway of a highway, street or alley under the jurisdiction of the City, whether or not such operation has been prohibited, only:

A) In a life threatening emergency.

(4) An ATV may not be operated:

A) On the part of a highway normally occupied by ditches, front slopes, back slopes, or utilities, such areas being more specifically defined as those parts of the highway between the outside shoulder point and the right of way and shall yield the right of way to Oncoming traffic, per MCL 324.81122;

B) Upon, along, or within federal or state highways;

C) On those shoulders specifically designated as non-motorized facilities; or

D) In violation of any of the provisions of MCL 324.81101 et. seq. and the various subsections thereof, as amended, as well as all other statutes, rules, regulations, and ordinances applicable to such ATV operations.

(e) Revocation of ATV Designation

The City Commission may, from time to time, by Resolution, prohibit ATV use upon any highway, street, or alley under its jurisdiction or any part or section thereof, with or without cause, when such action is deemed appropriate by the City Commission.

(f) Permit

A permit shall be obtained from the City of Ironwood for the use of ATVs on City streets.

(g) Violations and Penalties

Any person who violates any provision of this Chapter is responsible for a civil infraction, and shall pay a civil fine, plus costs of prosecution, for each offense as follows:

First offense shall be $75 plus costs.
Second offense shall be $150 plus costs.
Third offense $150, seizure of ATV plus costs.

Any violation shall also constitute possible revocation of the City ATV permit.

The above Ordinance shall be published as required by law, and shall be effective upon publication.

The Commission decided that another workshop would not necessary, and that a copy of the proposed Ordinance with the suggested changes could be forwarded to each of the Commissioners for them to examine. The next step will be to hold a Public Hearing where members of the general public can weigh in on the proposal.

EDITOR'S COMMENT: While preparing this article, I noticed that the Negaunee Ordinance for which Ironwood's proposed Ordinance is heavily based upon, mentions a restriction on the "time of day" that an ATV is permitted to travel on City streets. I don't know if this was an oversight or if the City doesn't wish to place that restriction on ATVs using City streets. According to Negaunee's Ordinance, ATVs are only permitted to travel on City streets between the hours of 8:00 AM and 8:00 PM.