ATVs ma be legal (08/11/2008)

Jay County officials sifted through some confusing Indiana Code this morning as they considered the issue of allowing all-terrain vehicles on county roads.

Jay County Commissioners, with Department of Natural Resources conservation officer Dwayne Ford and Jay County Sheriff Ray Newton, took a closer look at the state code this morning.

The commissioners have been attempting to approach the topic of off-road vehicle use after receiving complaints from people about not being able to ride their vehicles on public roads.

Ford reviewed the state law with the commissioners, which states off-road vehicles are not allowed on county roads, unless they are being used for agricultural purposes.

Newton was in favor of a regulating ordinance to allow these all-terrain vehicles on the roads, since it would allow the county to set certain safety specifications. He felt that those who wanted to use these vehicles responsibly should be allowed to.

"Whether you pass it or not, they're still going to do it," he said.

Later he added, "I think it's time. We ought to make it safer than it is now."

"People are going to ride them on the road whether it's legal or not," Ford agreed.

Legalizing ATVs on county roads would require people to register their vehicles with the state and have a valid driver's license. The vehicles would also be required to have at least a headlight and one taillight.

While state code prohibits the commissioners from requiring additional accessories for the vehicle, Ford felt that requiring a helmet in a new ordinance wouldn't violate that mandate and could be included to help increase rider safety.

Adams and Wells counties already have laws in place allowing for ATV use on public roads, and commissioner Milo Miller Jr. suggested contacting them for copies of their ordinances.

Although a commissioners-passed ordinance would effect a change for county roads, citizens looking to ride off-road vehicles in towns will likely still be barred.

City and town ordinances override county ordinances, so any town that bans the use of off-road vehicles in town can enforce that law.

Pennville officials and the commissioners received a letter from the attorney of a Pennville resident who alleges local enforcement has been harassing him about driving his vehicle, a Gator-style ATV, throughout the town.

Pennville Town Marshall Ralph Frazee, however, told the commissioners this morning that Pennville had passed an ordinance banning non-conventional vehicles, excepting golf carts, which would effectively ban the Gator.

The commissioners acknowledged that they are unable to override town law, so bans within towns would have to be reviewed by the local government.

"You just have to make that decision whether you want to go forward or not," Ford said. "I hope I shed some light on it."

When asked by Theurer if he endorsed action to allow ATVs on the roads, Ford said he was not offering a recommendation in either direction. Newton was in favor of the ordinance.

Theurer, as well, showed approval. "I think we should."

Commissioner Faron Parr and Miller showed agreement. The commissioners are planning to move ahead. They will review the ordinances with Racster before beginning to write up a new document for Jay County.

In other business this morning, the commissioners:

•Met with Jay County Surveyor Brad Daniels in their capacity as Jay County Drainage Board. The commissioners and Daniels discussed some minor updates about situations around the county, but had no major business.

•Signed documents for a grant to pay half of the Emergency Management Department's salaries, brought in by Frazee.[[In-content Ad]]