Citizen speaks on amended ATV rules

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Written by Lincoln Journal   
Thursday, November 12, 2009

Sean O'Donoghue

HAMLIN - In contrast to the recent monthly meetings of Hamlin Town Council, just one person spoke last week on the contentious all terrain vehicle (ATV) ordinance, which was amended by a unanimous council vote at the October meeting. The council met for their November session last Monday evening, November 2.

At the beginning of the meeting, the council was about to vote to approve the minutes of the October meeting and the minutes of special meeting held later that month. However, before Mayor Brian Barrett called for a motion to approve the minutes, Hamlin resident Joe Linville addressed the council to express his concerns on the ATV matter.

Linville said that he felt that the less ATVs that are in the town, the better. He asked the council whether the riders are obliged to have insurance. The council confirmed that insurance is required. Linville also expressed concerns about those individuals who may get a disability permit under the new ordinance, who also regularly operate other forms of transport such as cars.

At the October meeting, the council had approved the changes to the town's ordinance dealing with ATVs, utility-terrain-vehicles (UTVs) and off-road motorcycles.

  • The ordinance specifically prohibits the operation of those three kinds of vehicles within or upon any street, alley, sidewalk, parking lot or other governmentally owned (or) leased public area, or otherwise controlled property within the corporate limits of Hamlin.
  • The ordinance includes special provisions for those with disabilities. In the ordinance, disabled person is defined as being "Incapacitated by illness or injury; also: physically or mentally impaired in a way that substantially limits activity especially in relation to the ability to travel by foot."
  • Under the ordinance, permits will be issued by the town to allow a disabled operator to use their unit within the town.
  • The permit must be displayed on the left front side, under the controls of the ATV or on the left front fender of the UTV.
  • No off-road motorcycle user will be issued a permit.
  • No under 18s will be issued permits.
  • Only the operator is allowed to be on the ATV or UTV.
  • Those wanting to buy a special permit must have all their town fees paid up to date.
  • The ordinance further provides that "any and all persons must provide from a doctor (evidence) of his or hers (sic) disability.


Barrett reminded the meeting that the ATV matter is expected to be put to the people in a referendum at the time of next summer's municipal elections.  It is expected that the town's citizens will be asked whether to allow ATVs to have full access to the streets of the town, or for the current situation to continue, with the ordinance governing the operation of ATVs. The ordinance, as approved in October and as outlined above, restricts ATV use to those with disabilities.

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Community Voices

"Racing through the woods on these machines destroys vegetation and habitat and tears up trail beds. Under this measure, violators will be easier to identify due to the requirement that these vehicles be both registered and numbered."

-- Press of Atlantic City Editorial Board, "Regulating ATVs / Better than nothing", Press of Atlantic City (1/19/10)