Mitchell County tables action on ATV use on roads

Michelle Haacke

The issue of allowing all-terrain vehicles on county roads has been tabled by the Mitchell County Board of Supervisors.

A motion in August 2009 to allow ATV riders on county roads was not passed after members of the public voiced concerns at a county board of supervisors meeting.

A change in state law regarding ATVs shifted responsibility to county jurisdiction.

Discussions resurfaced at a meeting on March 9.

Karl Herman and others, including members of the Cedar River Trailblazers, said they would like to see the practice, which could be enforced by a county permit in addition to a state-mandated permit. That would generate revenue for the county and promote safety.

They suggested a county permit could be a large sticker with a number on it, making the owner of the vehicle easy to identify for law enforcement if riders were violating rules.

Nathan Hale, owner of Nate’s Outdoor Recreation, said ATV sales are down 40 percent across the state.

“The No. 1 reason for this is the lack of places to use them,” he said.

ATV riding is today restricted to farm use only. According to the Iowa Department of Natural Resources Web site,  eight public Iowa ATV and off-highway motorcycle riding areas are listed across the state.

“We also lose a lot of revenue on weekends in the summer,” said Supervisor Stan Walk, who is a proponent of allowing ATVs on county roads. “People take their campers and ATVs to Minnesota, South Dakota and Wisconsin because they are allowed to ride there. If we keep people home, we keep our money here in the community.”

Walk said other nearby counties, including Hancock, Winnebago and Worth, are all exploring the issue.

Troy Tourtellott, a member of the Cedar River Trailblazers, said they have 38 active members. “We’re trying to do stuff,” he said. “Quite a few small towns have functions and invite us to participate ... It isn’t all about going out and raising Cain.”

After the March 9 meeting, supporters began asking those who support ATVs on county roads to contact county leaders. By the March 16 meeting, County Auditor Lowell Tesch said he had received 157 messages of support in the form of phone calls, letters and e-mails, not including 12 messages from those who didn’t leave their names. He said he had also received three calls of opposition.

Greg Salier, a state trooper living in the county, cited concerns about allowing ATVs on the roads with motor vehicles, safety, damage to private property, roads and ditches; and liability.

Salier said while ATV riding is legal in Minnesota, it was made legal at the statewide level, not the county level.

Supervisor Joel Voaklander said according to the county’s insurer, allowing ATVs on roads could bring potential liability in case of an accident.

County Attorney Mark Walk said although state law says there is no county liability, he referred to a RAGBRAI incident where a bicycle rider had signed a release yet the county was still found liable for an accident involving that rider.

Mitchell County Sheriff Curt Younker said he was also concerned about safety. He would prefer to see riding restricted to daylight hours.

When it came time vote whether or not to pursue the issue, Walk was in support, Bob Marreel was against it, and Voaklander said, “I think the state needs to address this issue. I’d like to wait and see what the state does on this.” The issue was tabled.

Voaklander, who said he wants to talk with other counties about the issue, encouraged supporters to contact their state legislators on the issue.

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Source: http://www.globegazette.com/articles/2010/03/30/news/latest/doc4bb0e2aa40c01730640892.txt#vmix_media_id=12162486

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