Voters to decide on Hamlin's ATV rules

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Written by Lincoln Journal   
Wednesday, March 10, 2010

Sean O'Donoghue

HAMLIN - Hamlin's voters will get to decide on the municipality's all terrain vehicle (ATV) regulations in this coming June's elections. The town council voted by a 4-1 majority to put the matter to a vote when citizens go to the polls on June 8.

The town council met in regular session, Monday evening, March 1 at the town hall. Opening the ATV discussion, Mayor Brian Barrett recalled last fall's extensive deliberations and action by the council on ATV use in the town. At that time, a number of town residents argued that sanctions against ATV riders with disabilities in the town were unfair, as the ATV was often the only means of transport for those individuals.

The matter was discussed at multiple meetings, with the town eventually deciding to amend its ATV ordinance to allow disabled riders to purchase a special sticker from the town. That sticker allows disabled residents to ride their ATVs within the city limits in accordance with regulations without fear of penalty from law enforcement. All other ATV users are prohibited from riding on the town's streets.

However, Barrett and Town Clerk Jennifer Browning noted at last week's meeting that, since the instigation of the the program, only one such sticker had been sold. Furthermore, Barret recalled that, while those seeking more relaxed ATVs rules were told of the ballot process last fall, no petition or other effort had been forthcoming with a view to putting the ATV rules before the citizens for a vote.
Barrett therefore told the council, last week, that it was up to them to decide whether to put the matter on the June ballot. He told the members that the time for petitions was over and that it was up to them to decide how to proceed.

A number of the council members noted that they had not been inundated with requests to put the matter before the people. However, Councilman William Wade asked his colleagues what would be the harm in putting it on the ballot?

Barrett explained to the members that, what would essentially be on the ballot would be a decision whether to extend the licensing sticker program to all individuals over the age of 18, effectively opening the streets of Hamlin to full ATV access. "We would basically be relaxing it for 18s and over in addition to the handicapped," said the mayor.

Councilman Chris Wilkinson, himself a candidate for mayor this June, told the council that everyone he speaks to about ATV access, mentions the situation in the town of Gilbert, where ATVs are less restricted. However, in response, Barrett said that, if people want to replicate the success of Gilbert here, they need to be willing to invest in the associated amenities, such as trails and motels.

Councilman Kenny Lambert said that he felt the council is there for the community, and that some individuals had been told that it could be on the ballot. "My opinion is to let the citizens make the final decision," said Lambert. He then offered a motion to put the matter on the ballot. This was seconded by Wade and approved on a 4-1 vote, with Councilman Roy Lee Lambert dissenting. It was clarified thereafter that the ballot question would ask that the ordinance be modified to remove the disabled-specific provision and allow ATV access on the town's streets to all those sticker holders over 18 years of age, in addition to those with disabilities.

Councilman Daniel McKay sought to clarify that, just because four of the councilmen voted in favor of putting the matter on the ballot, this did not necessarily mean they were  in favor of relaxing the laws.

The council also voted on a 4-1 margin to restrict the new regulation, if passed, to citizens of the town only. Roy Lee Lambert also dissented on that vote. Commenting after the two votes, Roy Lee Lambert said that he simply felt the June vote would be a waste of time.

A number of council members said, during the meeting, that they felt the ballot measure would be substantially defeated in June.

Election day, and ATV referendum day will be held on June 8. This will be preceded by a period of early voting.

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Community Voices

“During the past decade, I have personally had six out of seven elk hunts ruined by the careless intrusions of ATV operators. This epidemic has forced me to abandon one prime hunting area after another, only to encounter the same situation elsewhere. The shameful part of this picture is that the overwhelming majority of these ATV’ers are young and healthy, not decrepit or physically challenged. Maybe these riders would be more respectful of other people's outdoor experience if they knew we could ID them."

- Bill Sustrich, Colorado Backcountry Hunters and Anglers