An Open Letter to Ludington Police Chief Barnett on Public Safety: Golf Carts on Streets

[XLFD]

Chief Barnett,

 

Over the Gus Macker weekend, I saw a variety of people using golf carts and other off-the-road vehicles in the Ludington area on the traveled portion of the street.  Now according to these documents prepared by the Michigan State Police pursuant to the implementation of the Michigan Motor Vehicle Code, http://www.michigan.gov/documents/msp/TSS_Field_Update_21_172723_7.pdf and http://www.michigan.gov/documents/LOW_SPEED_VEHICLES_101971_7.pdf#s...

these golf carts, that were traveling at least as far east as James Street, clearly outside the Gus Macker event, lacked a variety of necessary/legal requirements to be on the street.  These requirements are there not only for the safety of the public in general, but for the safety of the operator of that low speed vehicle.

 

The golf cart I saw on James Street (one picture of such a vehicle is attached) lacked a lot of essential features including:  registration (license plate), insurance (one would believe), stop lamps, turn signals, reflectors, and probably brakes on all wheels.  In other words, the vehicle is not street legal, and never should have been operated in this event unless it was used off the street and off pedestrian sidewalks in the Gus Macker area.  That is again assuming that the City of Ludington condones the operation of such at the City parks, of which there is no written statute that allows it, nor any resolution publicly available that permits it.  Early manifestations of the Gus Macker tournament did not see the use of these vehicles, but there were quite a few being operated this weekend.

 

Since the City adopts the Michigan Motor Vehicle Code by reference, the people who drove these vehicles at the event on non-closed sections of streets or on sidewalks meant for pedestrian travel are clearly in violation of several statutes including:  MCL 257.216, 257.686, MCL 257.225. MCL 257.255, MCL 257.25b, MCL 257.697, MCL 257.697b, MCL 257.698, and likely MCL 257.705. 

 

But I believe these people were doing so under your direction, since I saw you driving one of these vehicles yourself on Fitch, James and Court Streets in clear violation of all the aforementioned laws when I was out bicycling legally on the roadway this weekend.  I assume you have sworn an oath of office for your position, so that you are duly required to uphold the duties of police chief for this city which require you to enforce the rule of law equally, irregardless of the position of the violator and irregardless of any rationalization that someone was driving around on these streets in the necessary performance of their official duties. 

 

For if you (or anyone under your direction) did get in an accident on Ludington streets/sidewalks while on the golf cart that I saw you riding on, you (or you and that designee) could/would be held prima facie responsible for the accident according to the law, and subject the City to liability from others involved in that accident, and possibly even yourself, who could claim that the City of Ludington has implicitly agreed that you could break the law by remaining quiet about your use of these vehicles on public streets over the years. 

 

The taxpayers of this city deserve to be respected by having their officials act within the law, so that their official's actions (or lack of actions) do not cost them dearly, and further tarnish the reputation of this fair City, which our public officials seem hell-bent on doing by violating laws repeatedly and egregiously. 

 

Sent:  Monday June 17, 2013 at 10:22 AM to Ludington Police Chief Mark Barnett, City Manager John Shay, Mayor John Henderson, and Police Captain Mike Harrie.

[Willy]

Good catch X. I would be interested in the Chief Barnett's reasoning for using off street vehicles in such a manner. I stayed clear of the Macker so I didn't see any of the golf carts you desribed. I'm glad Macker is only for 1 weekend out of the year.

[XLFD]

Word on the street is that the attendance at the Macker was down this year, possibly due to cooler weather, possibly due to the safety hazards presented by dozens of these vehicles toting rotund public employees trolling the area for people doing illegal vending, using glass beverage containers and committing parking violations.  

These oversize officials would have been better served physically by walking around or bicycling around, which actually allows more speed and better enforcement potential by being legally able to travel on streets, sidewalks, and over land. 

But they don't have dependable coffee holders, nor allow you to flagrantly disregard laws reserved for the common folk.

[AQUAMAN]

Good catch indeed. How do you think the observed individuals got so oversized to begin with? It sure wasn't from walking, biking, nor running around. I too saw quite a few golf carts riding around, and wasn't impressed with their lack of street legal items. I am sure this letter will only be ignored, and your observations called more "rock lobbing". Don't be surprised if that is the result. And more of this summer fun continues until just after Labor Day.

[XLFD]

We call this "Pure City of Ludington".

This weekend may seem to be kind of like a hiatus as far as events go, but the annual "Relay for Life" is scheduled to be going on this weekend at Oriole Field, a truly worthwhile event for a truly worthwhile cause.  Show your support by walking, donating to the cause, and helping the various teams achieve their goals and beyond.

But then next weekend is the Harbor Festival featuring the Queen's Cup, and once again we will have a bunch of drunk visitors and ORVs going around the town, and summer in Ludington will resume.  Yippee.

[XLFD]

So now when I give out health and safety advice, it's a verbal knobkerrie bludgeoning the whole Gus Macker staff.  OK, EyE, keep looking.

[XLFD]

Thanks for your effort, I believe you have made your point, as usual.

[Dave]

If the city allows for the golf carts and such to be on city streets then its obvious that they should be much more lenient when it comes to people riding their bikes around the city.

[XLFD]

To be fair, the Chief didn't stop and write me a ticket for riding my bicycle on the street. 

According to my November 5, 2008 conversation with Chief Barnett, his officers could write any bicyclist an "impeding and obstructing traffic" ticket in Ludington for riding on any residential  street at less than 25 mph.  His golf cart was puttering around at about 10 mph going down James Street. 

At the end of the day, I have received no reply. 

[XLFD]

So I registered a complaint/inquiry to Chief Barnett, copied it to the three other chief law enforcement entities in the City of Ludington early on Monday.  Got no response, so I send this signed e-mail late Tuesday night to the County Prosecutor's office, forwarding my previous e-mail in the process and copying that to Chief Barnett, CM Shay and Barnett's second: 

"Prosecutor Spaniola, or whom it may concern in the Prosecutor's office,

I know how your office diligently strives to prove the adage that no man is above the law, so I come to you in your position as the chief law enforcement official of the county to ask your assistance in a matter of grave public danger. A couple days ago, I sent a letter to the Ludington Police Chief, Mark Barnett, noting that I saw him engaging in some very serious violations of the law over this last weekend, violations that put the taxpayers of this City and County in loads of liability since accidents that may have happened would have been done involving gross negligence of the law by the chief law enforcer of the City of Ludington. That is forwarded underneath this missive.

Now, if I were to be so audacious as to cruise through the City or County roadways on a golf cart, lacking street-legality and a host of equipment mandated by the law, I wouldn't be surprised by getting stopped and ticketed for the offenses. Chief Barnett, has not only allowed his own self to cruise through Ludington on these carts, but also allowed others to do so, presumably under his authority and assurance of protection from the Michigan Motor Vehicle Code, adopted by the City by reference.

I brought this to his attention early Monday, along with his superior, his second in command, and Ludington's mayor, but two days later, I have heard nothing concerning this serious breech of traffic laws by any of those City officials. It is likely the same policy of using golf carts for other summer events will take place, and the possibility of accidents, someone getting hurt or sued, will increase in likelihood if this practice is allowed to continue in complete violation of the law. Could you please see to it that this practice is immediately curtailed by gently reminding the Chief of the law and his responsibilities to it. Thanks for your assistance, and please notify me of the disposition of any actions you take."

After four days, the City has still not responded in any manner, and all those folks in the prosecutor's office (five) have thought it effectively meaningless over the last couple days to respond to.  Next up, the Secretary of State and the Michigan State Police.  Shay and Spaniola get over $100K per year, salary, and the others get about as much when you count benefits.  But even though they get the good wages from the public, they ignore them, even when the public is extremely concerned about not only their potentially paying for the negligent acts of their police chief, but for his safety.

[AQUAMAN]

Methinks this is a very acute and decisive message to the upper crust, if you know what I mean! And I expect no real actions real soon, as contemplation, and excuses, more delay, and also technicalities are the norm for now. Great job by the COL as usual, thanks Shyster Shay! Doing the job you were also hired to do, by the Peers Above.

[Willy]

On a related topic. I drove thru Stearns Beach parking lot Sunday and saw the 2 Beach Patrol personal and a Ludington Police officer standing around shooting the breeze. They were standing on the grass side of the parking lot. Given the fact that they were about 350 yards from the water and they were talking and not paying attention and the there were a lot of people down at the water and the waves were quite high, I'm wondering what in the h_ll did they think they were being paid to do? Also given the fact that there was a line of cars parked between them and the beach, I would also ask myself, how can a reasonable person expect to see the beach through motor vehicles. It's a good thing noone was in trouble because this crack team called the "beach patrol" do not seem to know exaclty how to "patrol" a  beach. Anyone else notice how inneffective this "safety" team is?

[XLFD]

I catch them frequently driving between the beach and the police station in their ORV, but when I cruise the beach, they always seem to be in the more shady grassy area or near the sidewalk on the beach or in the parking lot. 

Remember, this is costing us more than the lifeguard program ever did, which had three lifeguards around the beach area trained and positioned for rescue services, who wouldn't think of getting so far away from the beach under such conditions as you mention.

But just in case you missed it, here's another related topic, after patrol hours:  http://ludingtoncitizen.ning.com/photo/lpd-means-lousy-parking-driv...