ATV Committee, users on different trails at meeting

Sarah Wilson

PLYMOUTH - Use of all terrain vehicles in town is a land use issue with two distinct sides, but little common ground.

The public, which included a majority of ATV enthusiasts, expressed their concerns this week to the new six-member ATV Committee.

The committee is working to create an ordinance that addresses illegal ATV use, in response to complaints from community members. Right now, most complaints are being dealt with on a case-by-case basis, Chief of Police Karen Krasicky told the committee.

The chief informed the committee a town ordinance regulating ATV use would be helpful to the police department only if the ordinance is fair and equitable. "We serve the entire public. We don't serve one portion of it," Krasicky said. Any ordinance has to be fair to both the people riding ATVs, and the people complaining about it, she said.

Another issue Krasicky addressed is the lack of enforceability that is inherent with unregistered ATVs. The department can't chase ATVs due to liability reasons, she said. If the vehicles were registered with a valid plate, officers could at least run that information, Krasicky said.

The committee's concerns are trespassing, excessive noise and operation of ATVs on public roads, ATV Committee Chairman Walter Lassy said.
The committee was recently created in response to a number of residents complaining about ATV use that is infringing on their property, or the quiet enjoyment of that property.

At an earlier public hearing, residents shared experiences of violence between home owners and ATV users.

Complaints at the public hearing included excessive noise from ATV use in backyards, and a lack of consequences for illegal ATV users because they can't be identified, or caught.

At its first meeting, the ATV committee discussed increasing the registration requirements and fines.

Committee member Vicky Carey suggested requiring all ATVs be registered with the town for a small fee. It would help the town to know what vehicles are around, Carey said.

Carey also suggested increasing the fines that were included in a draft of a 2005 town ordinance that was never put into effect. One-hundred dollars for the first offense, and $500 for the second offense, Carey suggested.

Lassy said $500 is too high of a fine for an ordinance, and closer to a fine for a criminal offense.

Jon Huginski, a registered ATV owner, echoed the frustration of other ATV owners at the meeting. Increasing fines is forcing people to run and there will be more accidents because illegal riders won't stop, he said.

"We need places to ride," Huginski said. "What are we paying all this for if you don't give us a place to ride," he said.

According to the state Department of Environmental Protection, riding an ATV on state or municipal property may result in charges of criminal trespass, except where specifically allowed; but ATVs are not allowed on any state lands.

Andrew Ashe rides quads and snowmobiles with his family on his property, and considers it a family sport that keeps his sons out of trouble. Ashe said increased fines or registration requirements could alienate people. "It pushes people like myself away from town, and I've lived here my whole life," Ashe said.

On the other side of the issue, Thomas and Gina Vitale live on a lot that abuts town property, and they say that land is being used like an ATV race course. "We have to go in the house and close doors in the summer time," Gina Vitale said. Unless the land is marked, the police don't enforce it, she said.

"Those that are obeying the laws have nothing to worry about," Carey said. Carey acknowledged the lack of places to ride ATVs in the state, but she doesn't consider it an issue within the scope of the committee's power. Carey encouraged users to contact their legislators for assistance with the issue.

"If you like the sport so much you have to be a little more passionate, and push the legislature," Carey said.

The ATV committee meets on the first and third Wednesday of the month, until they have completed their task of creating a legal town ordinance.

Source: http://www.bristolpress.com/site/news.cfm?newsid=20131048&BRD=1643&PAG=461&dept_id=665528&rfi=6

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