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]

The prosecutor weighed in on this subject yesterday, in his usual official-apologist way.  But at least it's a start.  Underneath is my reply also sent yesterday:

Prosecutor Spaniola,

Received your letter regarding my complaint about golf carts operating on Ludington streets, and am generally pleased about the resolution you proffer. I do think you skimmed a little over the particulars of my complaint in that I saw the Chief, or his evil twin, driving one of these golf carts on city streets as far east as James Street, well beyond the Gus Macker area. I have looked over the Electric Patrol Vehicle Act, and this vehicle lacks quite a bit of the equipment required in section 6, so that even if the local unit okayed these, they would still have quite a few improvements to make.

I presume that if I do see these in the future or other similar ORVs in places they shouldn't be, and take a picture of the officer driving them in violation of the law, that you will prosecute the case, and receive that complaint directly from myself or others, because the officers in question have not respected their duty to respond to my original complaint as they should have, and as they have not respected that duty in the past.

This is primarily a safety and liability issue, and I do not want my tax dollars being used to remedy the unlawful actions of police officers or foot medical bills because they were engaged in illegal activities. Secondarily, it is a fairness issue, because these same officers would ticket a normal citizen doing the same thing they're doing.

[Willy]

Very good reply X.

[XLFD]

I think I'm getting better at such things due to experience; thanks, Willy.

[AQUAMAN]

Quite right X & Willy, but we shouldn't have to be getting "better at such things", or should we?  The law and rules are what they are! And "everyone" is supposed to be obeying them, not just citizens, but the COPS too!  However, we have also witnessed this for many decades, or at least those of us of that age, when the gov't. does just "pretty much as it pleases" the "opposite, because they enforce the laws, and don't have to abide by them". This has been a questionable practice and procedural act for me for many a day. Just sayin! Really? I mean, REALLY?

[masonco]

This has been an issue for many years as we all know. I remember in the early 90s when a county patrol officer could be "encouraged" to look the other way for many illegal actions including DUI, drugs, and illegal catching of food especially in the Tallman lake area. Of course I've seen county guy sitting on Stolberg "chatting" with a known druggie recently too.

[AQUAMAN]

Looks like more picture taking is required too, but, if they see you with a camera, and you want to keep it, make sure the LPD officers don't see you, lest it be confiscated, and returned later empty of course.

[masonco]

If you use your cell phone and instantly upload them to your email and/or facebook, pictures would be saved that way.

[XLFD]

With the upload speed on my phone, I'd have to do some serious razzle-dazzle before the charged electrodes hit.   And then I'd probably get an error message, but it is a good idea, and I believe they have apps that upload pics and vids automatically for you and gets them to a safe place so you have them later. 

Remember, when you take pictures/vids of police in action, it keeps all sides accountable for their actions later on. 

[masonco]

try dropbox...it saves them for you. You need to get a 4g phone and one that uses downtown wireless. I hear anywhere near the library is free acess. Verizon 4g works great downtown and out here near round lake area. Actually I've not found a spot yet where it doesn't work...but that doesn['t mean anything

[XLFD]

I got a E-mail letter back from John Shay today, addressing my original complaint to him two weeks ago and sent copies to Prosecutor Spaniola, Police Chief Barnett and Captain Harrie, and Mayor Henderson:  "Tom:

Thank you for your e-mail. As you know, the City of Ludington received a copy of Mason County Prosecutor Paul Spaniola’s letter to you dated June 26, 2013 regarding the use of golf carts at special events and on public streets. I have instructed the appropriate City staff that the City will operate golf carts in compliance with the applicable state statutes.  John Shay  City Manager  City of Ludington."

 

Keep an eye on those public officials on golf carts and similar contraptions riding down the streets, take a picture and send it to the prosecutor, or if you don't want the grief, send it to me (via our message system) with the date it was taken and the circumstances, and I'll relay it for you.  Their health and safety are important to us, as well as everyone's liability issues.

[AQUAMAN]

I think it only prudent someone follows up on the Shay letter in say, a month or so. Words of promise, and action, are two entirely separate things. Esp. with this character's statements.

[Willy]

I notice quite often that the vehicle used by the Marina employees being driven on the sidewalk. I'm sure that's not considered proper.