Petition power granted to halt off-road riding in ditches

John Hult

The Lincoln County Commission has adopted an ordinance that will allow residents to petition for the banning of off-road vehicles in ditches.

The ordinance, which passed 5-0, is based on a Pennington County statute that lets residents make a formal request to the commission to ban off-road vehicles in ditches next to defined stretches of road.

Residents can request a ban through a petition or in writing, at which point a public hearing would be held with the commission. Successfully petitioned ditches would be marked with signs.

"I look at this ordinance as a framework for the county to act if there are major incidents going on," Commissioner Jim Schmidt said Tuesday.

Deputy State's Attorney Mike Nadolski said the ordinance has flexibility to allow commissioners to decide on the petitions.

"Theoretically, I see the value of it because I can see that there's a safety problem out there," Commissioner Dennis Weeldreyer said. "At the same time, we don't have to accept every complaint."

The ordinance is partially a response to the concerns of rural Harrisburg's Willis Hanna, who approached the commission about four-wheelers jumping his driveway.

Hanna said it has become dangerous to back his car out, and on Nov. 25, several other rural landowners addressed the commission with similar concerns about safety and property damage. Opponents and supporters of the ordinance argued Dec. 2 before the commission.

Schmidt said he understands the concerns, but cautioned that off-road bans could prove troublesome for the county.

The sheriff's office would need to enforce the rules, violations of which would be misdemeanors punishable by a fine in most cases, Nadolski said. The highway superintendent would place signs, and the courts might need to deal with disputed cases. There is an exception in the ordinance for drivers who use ATVs for agricultural purposes.

"We should be thinking well enough ahead that we know all the departments that will be affected by this so we go into it with our eyes open," Schmidt said.

Commissioner Burdell Coplan worried about scheduling hearings if the commission receives a rash of petitions in a short period of time. Weeldreyer pointed out that if residents petition for a special election to overturn the ordinance, it could cost the county upward of $20,000.

"(The right-of-ways) have been given to them to use, not to abuse," Weeldreyer said. "I think that's the problem here."

Source: http://www.argusleader.com/apps/pbcs.dll/article?AID=2008812240303

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