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.

[XLFD]

I've noticed that too, Willy.  The sidewalks and streets outside the municipal marina will be monitored closely, so that everybody keeps safe and liability-free.  A vigilant public will make a follow-up letter to Shay unnecessary except as a copy in reporting the transgressions to the PA.

And remember, they have 5 cameras around the marina to keep them honest; if you can't snap that picture of them after today, just remember the time and place and we can FOIA the footage. 

[AQUAMAN]

I would suppose the city marina kids have to occasionally monitor those $800 benches and $600 waste receptacles so they are clean and tidy, ya know. Pedestrian traffic notwithstanding.

[XLFD]

Naturally.  When the City Marina is paying out around 480 hours of work to the city official's kids and their best friends each week, it does get hard finding things to do to ease the boredom sometimes.

[AQUAMAN]

You REALLY don't mean or elude that some sort of "NEPOTISM" exists down there, now do you X? LOL! You also realize that if that is true, and we all know it's against the LAW, that some sort of "conflict of interest" may exist AGAIN? And STILL! I say like EyE might, NO WAY, or Really??? You Good Folks DECIDE! Or really, go into sleep mode now.