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Code · Michigan · Chapter 324 — Natural Resources and Environmental Protection

324.82124 Ordinances; duty to maintain highway; immunity from liability; “gross negligence” defined.

272 words·~1 min read·/mi/chapter-324/324-82124

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324.82124 Ordinances; duty to maintain highway; immunity from liability; “gross negligence” defined.
Sec. 82124.
(1)Any municipality may pass an ordinance regulating the operation of snowmobiles if the ordinance meets substantially the minimum requirements of this part. A local unit of government may not adopt an ordinance that:
(a)Imposes a fee for a license.
(b)Specifies accessory equipment to be carried on the snowmobile.
(c)Requires a snowmobile operator to possess a motor vehicle driver license.
(d)Restricts operation of a snowmobile on the frozen surface of public waters or on lands owned by or under the control of the state except pursuant to section 82125.
(2)A board of county road commissioners, a county board of commissioners, and a county have no duty to maintain any highway under their jurisdiction in a condition reasonably safe and convenient for the operation of snowmobiles.
(3)Beginning on October 19, 1993, a board of county road commissioners, a county board of commissioners, and a county are immune from tort liability for injuries or damages sustained by any person arising in any way out of the operation or use of a snowmobile on maintained or unmaintained highways, shoulders, and rights-of-way over which the board of county road commissioners, the county board of commissioners, or the county has jurisdiction. The immunity provided by this subsection does not apply to actions which constitute gross negligence. Gross negligence is defined as conduct so reckless as to demonstrate a substantial lack of concern for whether an injury results.
History: Add. 1995, Act 58, Imd. Eff. May 24, 1995
Popular Name: Act 451
Popular Name: NREPA
Popular Name: Snowmobiles
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