April 15, 2008
Council Changes ATV Ordinance; Passes Parking Board Budget
Marines AWOL on Fees; 'Healing Place' Gains Support
By Tony Rutherford
Huntingtonnews.net Reporter
Huntington, WV (HNN) – A proposed ordinance to ban ATV and off the road vehicles from the city generated a constitutional concern question regarding a provision to refund towing fees for anyone exonerated of their citation. However, the bid to provide a penalty for juveniles and others ripping through public areas hit yet another question --- Does the city’s municipal court have jurisdiction to fine to someone under 18 if they are the owner of the vehicle?
City Attorney Scott McClure had earlier spoken with Police Chief Skip Holbrook narrowing the scope of the proposed city wide ban to exclude use on private property. Still, the ordinance patterned after that of another city seemed filled with cumbersome tweaks.
The purpose of the ordinance is to reduce complaints and accidents from ATV use on the streets or floodwalls. Violation of the ordinance could lead to a $500 fine and/or 30 days in jail, as well as impounding of the vehicle.
In addition, West Virginia has the highest per capita of ATV-related fatalities in the nation. The state has enacted legislation to keep them off roads with center lines. Some cities have banned them. And, as council member James Insco said, “When [city police] catch the riders, there’s nothing they can [now] do.”
First, one purpose would be to hit the parents in the pocketbook with the fine. However, if a juvenile was charged, McClure stated there would be “no culpability” for parents.
Second, although a municipal court has jurisdiction over juveniles, its power is limited to treating them as delinquents, so to enforce this ordinance, the court would “fine a juvenile like a traffic offense,” McClure said.
But the ordinance calls for immediate impoundment of the ATV, 4 wheeler or off-road vehicle. Where would it go? Officers would have to call a wrecker and the offender would incur a daily fee from the impoundment lot.
Would seizure of the vehicle at the time of the citation violate the takings clause of the West Virginia Constitution? A challenge is possible, McClure said.
Despite that worry, council voted to remove a provision that would automatically allow the refund of impoundment fees for an expunged ticket. Several council members feared that while a vehicle could be redeemed after 24 hours, one might be left for weeks or a month at the tow yard, leading to a dip into city finances.
Since noise control is one of the reasons for enacting the ordinance, the backyard exception would leave neighbors with no protection. For that matter, as written, the city does not contemplate enforcing it if children ride down the sidewalk on the off-road vehicles.
PARKING BOARD BUDGET PASSES
Council unanimously passed the proposed budget for the Huntington Municipal Parking Board after interim director Captain Mike Wilson clarified various budget line items. Drafted by the previous director, a line item labeled “non-city” office supplies seemed potentially inappropriate. The dismissed director had tried to label a Bow-flex exercise system as office equipment. In this case, though, Wilson explained that various entities within the city purchase office supplies from the city’s central depository. But, a purchase made at Office Max for example, would be labeled as a “non-city” office supply purchase.
Since the parking attendants have already been placed under the Huntington Police Department, council member Dr. Calvin Kent inquired if the board needed to remain independent of the police department.
Brandi Jacobs-Jones, director of administration and finance, told council that a decision had not been made on whether the board could be consolidated with the police department. She also told council member Garry Black that an audit of the board’s finances is forthcoming.
“I don't know if [an auditor’s] services have been enlisted yet,” Jacobs-Jones said, adding, that the administration contemplated using the same accountant that audits the city.
Council member Frances Jackson revealed yet another fiscal issue carried over from the previous director: It appears the U.S. Marines, which moved out of the first floor space of the parking building, left a balance of about $6,000 to $7,000.
SUPPORT FOR HEALING PLACE
After discussion of the resolution to “support the establishment” of The Healing Place in Huntington, council determined that despite having obtained $100,000 from the West Virginia Legislature for planning, the resolution might lead to a quagmire.
Patterned after similar successful peer to peer addiction treatment centers in Louisville and Lexington, KY., as well as Richmond, VA., the residential program would follow the twelve steps of Alcoholics Anonymous and would be an in-patient facility.
John Hampton, a member of the Board of Directors, said, “we're not yet operating, we are in the planning stage.”
That’s what brought several council concerns, such as would passing the resolution imply that the city’s governing body supported re-zoning of a location, if necessary.
Jacobs-Jones, filling in for Mayor David Felinton, explained that “we recognize we have a substance abuse problem in Huntington. We support exploring this.”
One part of the caution appeared to come from the as yet not chosen location of the facility that would in Hampton’s words “restore lives.”
Since the organization has been considering a purchase of the Foster Memorial property on Madison Avenue across from the Motor Vehicles facility, audience member Tom McCallister questioned the wisdom of locating so near one of the city’s drug hot spots --- Ninth Street West.
The matter was delayed until the next council meeting. The website of the Kentucky location is http://www.thehealingplace.org.
In other business, council approved retrofitting traffic lights in the Wayne County portion of the city from incandescent to Light Emitting Diode (LED). The grant only applies to Wayne County -- which the Appalachian Regional Commission designates as distressed. The city hopes to obtain grant funding to replace all 110 signals. Operational costs would go from $200,000 a year down to $20,000 for the LED lights.
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Marines AWOL on Fees; 'Healing Place' Gains Support
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By Tony Rutherford
Huntingtonnews.net Reporter
Huntington, WV (HNN) – A proposed ordinance to ban ATV and off the road vehicles from the city generated a constitutional concern question regarding a provision to refund towing fees for anyone exonerated of their citation. However, the bid to provide a penalty for juveniles and others ripping through public areas hit yet another question --- Does the city’s municipal court have jurisdiction to fine to someone under 18 if they are the owner of the vehicle?
City Attorney Scott McClure had earlier spoken with Police Chief Skip Holbrook narrowing the scope of the proposed city wide ban to exclude use on private property. Still, the ordinance patterned after that of another city seemed filled with cumbersome tweaks.
The purpose of the ordinance is to reduce complaints and accidents from ATV use on the streets or floodwalls. Violation of the ordinance could lead to a $500 fine and/or 30 days in jail, as well as impounding of the vehicle.
In addition, West Virginia has the highest per capita of ATV-related fatalities in the nation. The state has enacted legislation to keep them off roads with center lines. Some cities have banned them. And, as council member James Insco said, “When [city police] catch the riders, there’s nothing they can [now] do.”
First, one purpose would be to hit the parents in the pocketbook with the fine. However, if a juvenile was charged, McClure stated there would be “no culpability” for parents.
Second, although a municipal court has jurisdiction over juveniles, its power is limited to treating them as delinquents, so to enforce this ordinance, the court would “fine a juvenile like a traffic offense,” McClure said.
But the ordinance calls for immediate impoundment of the ATV, 4 wheeler or off-road vehicle. Where would it go? Officers would have to call a wrecker and the offender would incur a daily fee from the impoundment lot.
Would seizure of the vehicle at the time of the citation violate the takings clause of the West Virginia Constitution? A challenge is possible, McClure said.
Despite that worry, council voted to remove a provision that would automatically allow the refund of impoundment fees for an expunged ticket. Several council members feared that while a vehicle could be redeemed after 24 hours, one might be left for weeks or a month at the tow yard, leading to a dip into city finances.
Since noise control is one of the reasons for enacting the ordinance, the backyard exception would leave neighbors with no protection. For that matter, as written, the city does not contemplate enforcing it if children ride down the sidewalk on the off-road vehicles.
PARKING BOARD BUDGET PASSES
Council unanimously passed the proposed budget for the Huntington Municipal Parking Board after interim director Captain Mike Wilson clarified various budget line items. Drafted by the previous director, a line item labeled “non-city” office supplies seemed potentially inappropriate. The dismissed director had tried to label a Bow-flex exercise system as office equipment. In this case, though, Wilson explained that various entities within the city purchase office supplies from the city’s central depository. But, a purchase made at Office Max for example, would be labeled as a “non-city” office supply purchase.
Since the parking attendants have already been placed under the Huntington Police Department, council member Dr. Calvin Kent inquired if the board needed to remain independent of the police department.
Brandi Jacobs-Jones, director of administration and finance, told council that a decision had not been made on whether the board could be consolidated with the police department. She also told council member Garry Black that an audit of the board’s finances is forthcoming.
“I don't know if [an auditor’s] services have been enlisted yet,” Jacobs-Jones said, adding, that the administration contemplated using the same accountant that audits the city.
Council member Frances Jackson revealed yet another fiscal issue carried over from the previous director: It appears the U.S. Marines, which moved out of the first floor space of the parking building, left a balance of about $6,000 to $7,000.
SUPPORT FOR HEALING PLACE
After discussion of the resolution to “support the establishment” of The Healing Place in Huntington, council determined that despite having obtained $100,000 from the West Virginia Legislature for planning, the resolution might lead to a quagmire.
Patterned after similar successful peer to peer addiction treatment centers in Louisville and Lexington, KY., as well as Richmond, VA., the residential program would follow the twelve steps of Alcoholics Anonymous and would be an in-patient facility.
John Hampton, a member of the Board of Directors, said, “we're not yet operating, we are in the planning stage.”
That’s what brought several council concerns, such as would passing the resolution imply that the city’s governing body supported re-zoning of a location, if necessary.
Jacobs-Jones, filling in for Mayor David Felinton, explained that “we recognize we have a substance abuse problem in Huntington. We support exploring this.”
One part of the caution appeared to come from the as yet not chosen location of the facility that would in Hampton’s words “restore lives.”
Since the organization has been considering a purchase of the Foster Memorial property on Madison Avenue across from the Motor Vehicles facility, audience member Tom McCallister questioned the wisdom of locating so near one of the city’s drug hot spots --- Ninth Street West.
The matter was delayed until the next council meeting. The website of the Kentucky location is http://www.thehealingplace.org.
In other business, council approved retrofitting traffic lights in the Wayne County portion of the city from incandescent to Light Emitting Diode (LED). The grant only applies to Wayne County -- which the Appalachian Regional Commission designates as distressed. The city hopes to obtain grant funding to replace all 110 signals. Operational costs would go from $200,000 a year down to $20,000 for the LED lights.
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