Salisbury mulls change to ATV law

Margie Peterson

In response to protests by disgruntled ATV owners, Salisbury Township is considering revisions to its new all-terrain vehicle ordinance to make it less restrictive.

The ordinance adopted in December requires ATV riders to be at least 300 feet from neighboring property unless they get written permission from the neighbor.

After some township residents who own ATVs claimed it would make it impossible for them to ride on their own property, township commissioners agreed in January to discuss amending the law. At a workshop meeting Thursday, they talked about requiring less of a buffer between the ATV user and a neighbor's property line for ATVs with quieter four-stroke engines.

Under the proposed amendment, those ATVs would have to stay 50 feet from the property line and 100 feet from a neighbor's home. The 300-foot buffer would remain in effect for the louder two-stroke engine ATVs.

The proposed amendment would allow exemptions for certain uses of ATVs, such as snowplowing, law enforcement, military, firefighting, rescue work, lawn care and agriculture. It would also grant an exception for disabled people in keeping with the Americans with Disabilities Act.

The proposed changes didn't satisfy Joseph Tomanick, an early critic of the ordinance who had protested at previous meetings.

Tomanick said there were only four complaints to police in the previous six months so the ordinance was an overreaction.

But some commissioners said they get calls from residents who are unhappy about ATV riders near their property but don't file a complaint with police.

''Most people don't want to call and complain,'' Commissioner Robert Martucci Jr. said.

Tomanick, who owns 2 acres on Douglas Road and 8 acres on West Rock Road, said his biggest beef with the ordinance is that a person has to get permission from neighbors to ride close to his property line.

''To me that is so appalling that I have to ask my neighbor if I can do something on my property that I pay taxes on,'' he said.

Police Chief Allen Stiles said officers are not going to start scouring the neighborhoods for ATV riders who might be riding too close to their property lines.

''Enforcement of this ordinance requires that somebody makes a complaint,'' he said.

Commissioners said the proposed revisions will be discussed again in public before any vote is taken.

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Source: http://www.mcall.com/news/local/all-a6_5atv.7206694mar16,0,2644323.story

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