Man warns of danger of riding ATVs on others' land illegally

Stanley Dunlap

Several years ago, a father spent two months in the hospital after having an accident while illegally riding an ATV with his child on Horace Simmons' farm in Madison County.

Another recent incident has Simmons concerned about the safety of trespassers and the destruction caused to the land by them riding four-wheelers on his property.

On Jan. 17, five teenagers were charged with criminal trespassing after riding four-wheelers through land owned by Simmons and his family.

They were riding in the dark, on a farm covered with trees and dug ruts on land that Simmons has been keeping up, building trails for recreational use.

If they hadn't been blocked in by a truck, then they would have gotten away again, Simmons said.

"I'm pushing for a wakeup call to mommas and daddies that are irresponsible that are buying these four-wheelers and their kids are riding them wherever they want to," he said. "I'm wanting something good to come from what happened. I think it could save some kids from getting killed."

Madison County Sheriff David Woolfork said the department doesn't receive a lot of calls, but when they do, it's usually juveniles who are caught cutting ruts on farmland.

The vehicles can be dangerous if not driven correctly, Woolfork said.

"I think a person is responsible for their own actions, but my suggestion is they operate the all-terrain vehicles in a safe manner," Woolfork said. "It would be best to ride with protective gear such as helmets."

Juveniles charged with criminal trespassing and destruction of property will appear in juvenile court. Adults charged with the same offenses can be taken to General Sessions Court.

In a case where someone is injured, the driver of the ATV could also be charged with reckless endangerment.

Simmons said he could file a civil lawsuit for the property damage but feels more hurt emotionally than the amount of damage caused to the land.

He said he's talked with other landowners who've said trespassers have ridden ATV's on their land as well.

Most of the time, the property owners can handle the issue themselves by asking them to not come back on their land.

But there are those who still won't obey the law despite being asked not to return, Woolfork said.

"If it's just one call (we receive) and they don't want you there, then it's a serious issue to that person," Woolfork said about the problems caused to property owners.

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Source: http://www.jacksonsun.com/article/20100204/NEWS01/2040303

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