Branch County passes ORV law
BRANCH COUNTY — After little opposition or comment, county commissioners adopted a countywide off-road-vehicle ordinance after a Tuesday public hearing.
Branch County joins surrounding counties and becomes the 65th county allowing sports vehicles on most county roads under strict conditions.
Chairman Tim Stoll moved for immediate adoption after residents packed the small meeting room and spilled into the hall. "It's something that been adopted elsewhere and obviously got a lot of support," he said.
County clerk Terry Kubasiak explained that the ordinance will become effective next week once published in the Daily Reporter legal notices.
Some from the audience admitted riding without an ordinance. Terry Sullivan said, "For the 24 years, I've been riding the roads."
The ordinance suggestion came from a Branch County ORV group. Its Facebook page has over 1,000 members.
Vehicles and roads
The ORV ordinance allows all-terrain vehicles, side-by-sides, and other off-road capable rigs to drive on the far right of the maintained portion of most county roads.
These include any motor-driven off-road recreation vehicle capable of cross-country travel without a road or trail, on or immediately over land, snow, ice, marsh, swampland, or other natural terrain.
ORVs are prohibited on state highways like I-69, M-86, M-60, and U.S. 12.
An ORV may not be operated on any city or village road surface, roadway, shoulder, or right-of-way in Branch County unless allowed by a city or village ordinance.
Key provisions of the ordinance include:
A 25-mph maximum speed limit.
Operators need a valid driver's license.
Headlights and taillights must be on at all times.
Operators under 18 must have a driver's license or need an ORV safety certificate and be directly supervised by a parent or guardian.
No one under age 12 can operate an ORV under any condition.
ORVs must be driven in a single file with the flow of traffic.
Approved helmets and eye protection are required unless there is a roof and safety belt for all aboard.
You can't hunt or harass animals with an ORV.
You can't operate with an operational bow or firearm or open liquor on the ORV.
No ORV can operate on roads 30 minutes before sunset to 30 minutes after sunrise.
Insurance is not required.
Violations are civil infractions punishable by fines up to $500, plus potential restitution costs for any damage caused by improper ORV operation.
Golf carts and other vehicles
According to Plant Power Sports sales manager Ted Avra, some ORVs are "street legal" if they meet state requirements for road use and have license plates. The county ordinance does not allow golf carts on the road.
Prosecuting attorney Zack Stempien said two different statutes control ORVs and golf carts. A county and a township can pass an ORV ordinance, and a township can opt out of the county law.
As the prosecutor reads the yet untested statutes, he said a township can also enact a golf cart ordinance, and a county can opt-out but cannot enact a golf cart law.
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Ovid Township is considering a golf cart ordinance for some Coldwater Lake roads.
Villages and cities under 30,000 people can allow golf carts on all but state and federal roads. Union City did in 2015, Quincy in 2018, and Bronson last November.
— Contact Don Reid: dReid@Gannett.com
This article originally appeared on Coldwater Daily Reporter: Branch County passes off-road-vehicle law effective next week
