Trespassers drive ATV complaints

Written by Telegraph Herald

Sunday, August 02, 2009

Andy Piper

Jack Nachtman, manager of Mount Calvary Cemetery, considered offering neighbors $150 for information leading to the prosecution of ATV riders trespassing on cemetery property. He hopes that the Dubuque City Council will help alleviate the problem Monday night and a cash reward won't be necessary. The council is expected to vote on proposed ordinance regulating ATV use on private property. The current ordinance, Section 32.4, only addresses ATV use on roadways.

"There are trespassing laws, but you pretty much have to catch the people while they're doing it, and they usually do it after hours when we don't have any staff around," Nachtman said. "Just knowing they did it is one thing, prosecuting is another." Nachtman said ATVs are carving ruts into cemetery property and destroying root systems that prevent erosion. He said the city is taking stormwater runoff more seriously these days, and it isn't cheap to repair damaged grounds. "I've talked with other people who are having similar problems who live in subdivisions that aren't completely developed," Nachtman said.

"Apparently, it's pretty common for people to drive onto private property and ride around." Assistant City Attorney Crenna Brumwell said the reason for updating the ordinance is simple. "Complaints," Brumwell said. The proposed ordinance would limit ATV riding between sunrise and sunset on private property that is one acre or larger, zoned agricultural or planned-unit development that is used for agriculture. The roadway section of the ordinance would remain the same.

Capt. Russ Stecklein, of the Dubuque Police Department, reports regular complaints about ATVs on private property by the lawful owners at 1401 Lincoln Ave., 2410 Roosevelt St., 2439 Cherry St. and 3170 Nightingale Lane. Of those properties, only Nightingale Lane is larger than one acre. Stecklein also reports regular complaints from the Kelly Lane area, the Northwest Arterial at Kennedy Road, Pennsylvania Avenue, Asbury Road, Holliday Drive, U.S. 20, the property behind Hobby Lobby, the Crescent Ridge and U.S. 20 area, and U.S. 151 at Digital Drive.

Brumwell said the ordinance will give police the option of writing a $50 citation, just like a traffic ticket. She expects officers to first ask violators to cease and desist. She said ATV riders would be required to show written permission from the property owner on request. The new ordinance is music to Nachtman's ears. He said police now have no reason to act when they observe an ATV rider on property adjoining the cemetery.

"This way, all the officer would have to do is see them riding near Roosevelt and they can write a ticket," Nachtman said.

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Source: http://www.thonline.com/

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Community Voices

“It’s frustrating having a hunt ruined by people riding ATVs where off-road vehicle use is prohibited. Many ATVs look the same so there’s no way to identify violators when reporting the incident to law enforcement. There should be a requirement that off-road vehicles used on public lands have license plates or large decals. Any ATV user who follows the law and land management directives on where they can and can not use these machines should have no objection to this type of identification.”

- Holly Endersby, hunter from western Idaho