Key component of new off-road vehicle ordinance: Respect

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Written by Muskego Now   
Wednesday, January 18, 2012

Muskego - A new off-road vehicle noise ordinance approved by the Muskego Common Council last week basically asks for a little respect from riders for people in the neighborhood.

Reacting to complaints about young people tearing around a subdivision for hours, the council strengthened the existing noise ordinance, now enabling police to write tickets to any off-road riders causing "substantial annoyance" to neighbors.

Tickets can be written, even if the riders are on their own land, as was the case in the situation that triggered a petition signed by 30 residents of the subdivision and brought the problem to the council's attention late last year.

The standard for judging "substantial annoyance" is whatever would be more than a petty annoyance or inconvenience to the average person, not someone who is especially sensitive. Police also will consider the frequency of the activity and the failure of the rider to reasonably accommodate the objections of neighbors.

The noise ordinance does not apply to snowmobiles, which are covered in other ordinances, but it does cover such things as all-terrain vehicles, motorized bicycles, minibikes and motorcycles.

While the change would help complainants, police still will run up against a familiar barrier. They either have to hear the noise themselves to issue a ticket, or find someone willing to make a complaint and appear in court, said Police Chief Paul Geiszler.

The court appearance element tends to be the biggest obstacle.

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Source: http://bit.ly/zKqh2S



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Community Voices

“It’s frustrating having a hunt ruined by people riding ATVs where off-road vehicle use is prohibited. Many ATVs look the same so there’s no way to identify violators when reporting the incident to law enforcement. There should be a requirement that off-road vehicles used on public lands have license plates or large decals. Any ATV user who follows the law and land management directives on where they can and can not use these machines should have no objection to this type of identification.”

- Holly Endersby, hunter from western Idaho