Editorial: Ride at the city's risk? North Port should be careful about allowing ATVs on private property

North Port, with roughly 50,000 vacant residential lots, many of them clustered in the northeastern section of the city, has long been an attractive location for all-terrain vehicle riders.

That's fine for the ATV enthusiasts, but not so fine for people who live within earshot of the noisy vehicles. Nor is it fine for the riders to damage public property intended for other uses.

So, three years ago, the North Port City Commission passed an ordinance banning riding ATVs on public streets, on public property and within a quarter-mile of residences. The ordinance also required riders to get written permission from property owners to use private land.

That last provision has stuck in the craw of ATV enthusiasts. They say many property owners don't mind giving permission but are leery of signing a form that might make them liable in case of an accident.

The City Commission previously considered revising the permission requirement but chose to maintain it. Commissioners did, however, agree to consider possible changes in the ordinance to better accommodate the riders.

Revised ordinance

That's how the most recent proposal came about. It would increase the restricted area, banning ATV riding within a half-mile of homes, but written permission from property owners would no longer be required.

The revised ordinance, which has received preliminary approval and will be up for a final commission vote Sept. 28, would put the onus on private property owners to specify their opposition to ATV activity, just as they restrict any form of trespassing.

City Attorney Rob Robinson said state law stipulates that property owners can use any of three methods to make their wishes known. They can post "No trespassing" signs, fence their property, or register their wishes with the city Police Department. Barring this notification, private property in North Port would be open to ATV riders.

Whether the revised ordinance would make the city liable if an accident occurs is unclear, though Robinson said the wording of the proposal is designed to lessen the city's exposure.

We would think that any level of exposure to liability would be unacceptable to the city -- and its taxpayers -- and suggest that commissioners clarify that matter before enacting the ordinance.

Rules for operating ATVs

Also, while ATV enthusiasts can engage in their favorite pastime in other parts of the Florida, they are often required to follow specific guidelines. One such area is Big Cypress National Preserve east of Naples; ATV riders there are required to take an orientation course and have an operator's permit, an inspection sticker and an annual vehicle permit. Private facilities such as Cracker Lake Motorsports in Manatee County have specific rules as well.

If North Port proceeds to allow ATV activity on private property, with or without permission, it should consider establishing rules that might limit potential property damage as well as the possibility of accidents or injury.

We urge the City Commission to think carefully about the possible ramifications of enacting the revised ordinance. Though proud of its rural atmosphere, North Port should put the interests of property owners and taxpayers ahead of one group's desire to use vacant land for its own entertainment.

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Source: http://www.heraldtribune.com/article/20090921/OPINION/909211022/2198/OPINION?Title=Ride-at-the-city-s-risk-North-Port-should-be-careful-about-allowing-ATVs-on-private-property