Published: January 05, 2007 08:15 am      

ATV ban detoured by city council

Thursday, January 4, 2007 — There will not be a ban for ATV riders in the city, but four-wheeled trespassers beware.

Albemarle city council decided Tuesday night to skip a ban on riding ATVs in the city limits but have concluded trespassing laws must be the avenue to take.

Property owner Sonny Hinson asked the council to consider the ban, He has had a problem with unauthorized riders on property he rents in the city limits.

Besides damage to property, Hinson is concerned about liability if someone is injured while riding.

“What if they don’t have any insurance? What would happen if a person would loose control and get injured who would be responsible?” he said. “I have a lawyer who says goes they go to the person with the deepest pocket, the person who owns property.”

Hinson said he sees riders going up the sewer line easements and was concerned who would be liable for injuries on the property.

City Manager Raymond Allen said property containing sewer lines belongs to the private owners, although the city has easements on most of it.

Albemarle Police Chief Ronnie Michael said there are laws the department can use to address the problem. Trespassing laws are specific to unauthorized ATV use.

“We put up posted signs saying no all-terrain vehicles on city property,” Michael said. “We have had problems. We drive up and when they see the police car, they run off.

“If we happen to catch the person, nothing happens unless they are riding.

“What if they don’t have any insurance? What would happen if a person would lose control and get injured? Who would be responsible?” he said. “I have a lawyer who says they go to the person with the deepest pocket, the person who owns property.”

Hinson said he sees riders going up the sewer line easements and was concerned who would be liable for injuries on the property.

City Manager Raymond Allen said property containing sewer lines belongs to the private owners, although the city has easements on most of it.

Albemarle Police Chief Ronnie Michael said there are laws the department can use to address the problem. Trespassing laws are specific to unauthorized ATV use.

“We put up posted signs saying no all-terrain vehicles on city property,” Michael said.

“We have had problems. We drive up and when they see the police car, they run off.

“If we happen to catch the person, nothing happens unless they are an adult.”

Michael said minors caught are usually just reprimanded by the juvenile court system.

State law also regulates limitations on riders 16 years and younger while children under the age of 8 are prohibited from riding ATVs.

ATVs on public and private property have been an ongoing problem, Michael said.

“This has been an ongoing problem before Ridgerun Apartments and others built around the same time,” he said.

Michael said the posting of signs is a requirement to enforce the trespassing laws.

“They have to have advanced notice according to the law,” he said.

Michael recommended Hinson post specific no-trespassing signs on his property so the law could be enforced.

The council discussed ways to inform residents about trespassing laws.

“It will be worthwhile to put a short summary in our newsletter going out with the next utility bills,” Mayor Pro Tem Troy Alexander said.

Councilmember T.E. White said it is hard to legislate morality.

“We are looking to legislate morality,” he said.

“We cleaned out sewer easements now we have areas to ride ATVs. I agree it is not the vehicle, it is the person.”

Rick Price, owner of RPM Cycles in Albemarle, said he came to listen and observe the council on the ATV question.

“Before we jump on the ATV question, we need to use existing laws,” he said.

“I would like to address the problem with laws we presently have.”

Price offered a loa ner program to help the police department. An ATV would be loaned to help police support the trespassing laws.



Matt Irvin can be contacted at snaponline26@yahoo. com.