ATV Discussion Continues in Brooke County

Warren Scott

Discussion of a proposed ordinance regulating all-terrain vehicles continued at Tuesday's Brooke County Commission.

The commission heard from several ATV riders who said the ordinance, which would require owners of the vehicles to register and insure them, punishes those who obey the law.

Rusty Schwertfeger of Bethany told the commission he uses his ATV to haul firewood and as a volunteer, to remove debris from Bethany Park.

He acknowledged there have been complaints of ATVs trespassing or destroying property but said he doesn't believe those ATV riders will obey the ordinance if it's passed, while law-abiding ATV riders will be saddled with the costs for registration and insurance.

"We're going to have to pay for their mistakes," Schwertfeger said, adding, "It seems to me the good people are going to get nailed with this."

Ralph Smith of Windsor Heights said he only uses his ATV on his farm and shouldn't be required to obtain insurance.

Larry Teeters of Wellsburg, a former Brooke County sheriff's deputy, said it's difficult to enforce ATV laws because it's hard to catch lawbreaking ATV riders who often can outmaneuver police cars.

Dave Secrist of Follansbee asked if the commission has evidence that similar ATV ordinances in other counties have been effective in curbing ATV-related crimes. He suggested confiscating the vehicles of riders convicted of crimes would do much to deter future violations.

Commission President Bernie Kazienko said they don't have that information but said the ordinance is seen as one way to curb them.

Brooke County Sheriff Richard Ferguson said citations against ATV riders for violations currently on the books have been a deterrant but his deputies need more laws to effectively address recurring complaints.

Kazienko said the measures proposed in the ordinance aren't seen as a means to generate revenue. Owners of ATVs already are required to report them to the county assessor's office so they can be assessed for personal property tax, he said, adding the registration fee would cover only costs for processing the registrations and producing stickers or plates, whichever is deemed most suitable.

Ferguson said he doesn't support requiring ATV owners to insure their vehicles but believes it's a good move for their own protection.

Kazienko said the ordinance also addressses a number of safety issues, such as requiring ATV riders to use headlights during certain hours or prohibiting passengers on those made for one rider.

He told the ATV riders the commission is attempting to address recurring complaints of the vehicles being operated recklessly and creating property damage in many areas of the county.

The commission received a letter on Tuesday from Marie Lauck of Clearview Drive in Wellsburg, who said ATVs and dirt bikes are driven at high speeds on her narrow lane. She said the riders create a disturbance and often drive recklessly, without helmets or headlights and with multiple children as passengers.

At an initial hearing on the ordinance, the commission heard from at least 20 residents who supported it, saying ATVs have damaged their property or disturbed the peace.

"Sitting here, as a commission, are we to ignore it or do we have a responsibility to do something about it?" Kazienko said to the ATV riders Tuesday.

He said later, "We're trying to do the right thing to bring a solution to the problem, and we welcome what you have to offer."

He noted Bill Liposchak of Windsor Heights has expressed interest in forming an ATV riders group to offer input on the ordinance and encouraged them to contact him.

Copies of the proposed ATV ordinance and others establishing conditions and response for noise-related public nuisances and restricting businesses specializing in adult entertainment can be found at the Brooke County Courthouse, Brooke County Public Library and Follansbee Branch Library.

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Source: http://www.theintelligencer.net/page/content.detail/id/530515.html

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