Lincoln County considers off-road ordinance

John Hult

The Lincoln County Commission is ready to take public comment on a plan that could ban most four-wheelers in ditches next to certain county roads.

The commission voted unanimously to set a first reading and public hearing of an off-road ordinance for 7 p.m. Dec. 2 at the Lincoln County Courthouse in Canton.

The ordinance does not prohibit the use of off-road vehicles but allows residents to petition to have them banned for all but agricultural purposes on sections of county-controlled roads and ditches.

A public hearing would need to be held before commissioners could approve a ban on any section of road.

Deputy State's Attorney Mike Nadolski presented a draft of the ordinance at a recent commission meeting in response to concerns presented by Harrisburg resident Willis Hanna.

On Oct. 28, Hanna attended the meeting with three other rural residents with similar concerns.

Rural Harrisburg's Don Hoffman said off-road drivers have softened the shoulder of his driveway by jumping it at high speed, which he said makes it dangerous for him to haul cattle across it.

"I think something needs to stop when somebody's recreation is costing somebody else money," Hoffman said.

He also said snowmobiles and four-wheelers have flown by when his daughter and granddaughters were preparing to pull out of his driveway, he said.

"If you guys can't stop them, I will," Hoffman said.

Highway Superintendent Allan Bonnema said four-wheelers cause damage to county roads, as well but said he wasn't sure how effective a ban could be.

"It's going to be hard to catch these guys - they go where the deputies can't go," Bonnema said.

State law ties the county's hands somewhat, Nadolski said.

State law allows only local governments to regulate off-road vehicles on roads that government controls. Resident petitions presented to the commission could not ban the use of four-wheelers on state or township roads.

He also said that snowmobiles and four-wheelers are defined differently under state law and that the ordinance would not apply to snowmobiles. He added that the county does not have the authority to regulate them.

State law also allows persons as young as 12 to use public right-of-ways for agricultural purposes without a license.

Commissioners Dennis Weeldryer and Dale Long both said that loophole could make enforcement difficult even when violators are apprehended, as they might say they simply are driving from one field to another.

Nadolski said he hopes the "No off-road vehicles" signs that would need to be placed on successfully petitioned stretches of road would serve as a deterrent.

Commissioner Jim Schmidt said the ordinance deserves a public hearing but agreed that enforcement will be difficult and could further stretch the Lincoln County Sheriff's Department.

"Every time we do one of these, we increase the amount of expectation on our law enforcement at a time when our budgets are being squeezed," Schmidt said.

Source: http://www.argusleader.com/article/20081103/NEWS/811030301/1001/news

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