April 29, 2008
ATV Ban Also Includes Scooters
Ritter: 'Nuts Ride Them with Kids'
By Tony Rutherford
Huntingtonnews.net Reporter
Huntington, WV (HNN) – “Where can I go ride legally [within the city],” asked Chuck Frazier concerning use of his dirt bike which would be included in the list of vehicles prohibited. Answer: Private property.
Huntington City Council unanimously approved the ordinance that includes a fine and possible impoundment for ATV vehicles on public property within the city limits. Frazier passionately stated that certain public property --- such as under the Guyandotte Bridge or in the path opposite the floodwall where the homeless lived by the Ohio River --- would be excellent for riding and not bother anyone. The rider indicated that with the cost of gasoline it’s nearly 30 miles to the closest designated trail for dirt bike riding.
City Attorney Scott McClure told him that those locations were included and that council would have to pass an exemption to make riding at places such as those named legal. Unfortunately, a constituent of Teresa Loudermilk who now rides a scooter to work to avoid high gas prices also will be caught in the ban.
After discussion over whether a scooter would qualify as a toy vehicle, Scott Caserta pointed to wording in the ordinance that clearly classifies scooters with dirt bikes and ATV’s.
The West Virginia legislature banned ATV’s in 2004 from highways with center lines. Since then about 97 people have been killed from riding them in 2006 and 2007. The latest victim --- a 70-year-old partially retired special education teacher at St. Albans High School --- who died in a weekend crash.
Councilman James Ritter stated the “main complaints” stem from the “noise nuisance” from the vehicles, which have brought many complaints from his Westmoreland constituents. He described that users of ATV’s have been “eroding the flood wall” by building ramps on the river side of the levee. Ritter cited “erosion” to the dirt and sand levee through “tire marks” left by the vehicles.
One of the questions previously posed by council members concerned how a juvenile charged with violating the ordinance would be adjudicated. At issue, how juvenile riders would be charged, who would be fined and when would the ATV’s be impounded.
McClure stated that “impoundment is not part of the penalty,” thus, an adult with a truck could in theory remove the ATV before the city takes it. “Go ahead and take it, but you’re not driving it,” McClure said.
According to state law, juvenile offenders would appear before the municipal court or a juvenile referee.
But, from the statement of Ritter, adults as well as juveniles are part of the problem.
“We got a bunch of nuts riding on them with their kids,” Ritter told council.
Catching riders and vehicle owners have been an issue too for police. They get away. McClure responded that a citizen who taped digital footage of a rider and their visible license could be utilized as evidence to prosecute the rider.
In other business, council approved the purchase of video surveillance cameras for the Big Sandy Superstore Arena, Harris Riverfront Park, and the city’s parking garage. The cameras at the park will be wireless and also allow people to connect for free to the internet. Mayor Felinton hopes to expand camera usage onto Fourth Avenue.
Council approved a resolution that would allocate $10,000 of CBDG money toward a flood assessment study in Harveytown. The Corps of Engineers would match the amount. A representative from the Corps indicated that it would be completed in a timely manner.
As previously reported from the council work session, three matters have been referred to committees for additional work:
Habitat for Humanity also presented a certificate of recognition to the Mayor for the city's assistance and cooperatio including them in the Artisan Avenue Redevelopment project and during the two weeks when out of town college students worked on the homes.
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ATV Ban Also Includes Scooters
Ritter: 'Nuts Ride Them with Kids'
By Tony Rutherford
Huntingtonnews.net Reporter
Huntington, WV (HNN) – “Where can I go ride legally [within the city],” asked Chuck Frazier concerning use of his dirt bike which would be included in the list of vehicles prohibited. Answer: Private property.
Huntington City Council unanimously approved the ordinance that includes a fine and possible impoundment for ATV vehicles on public property within the city limits. Frazier passionately stated that certain public property --- such as under the Guyandotte Bridge or in the path opposite the floodwall where the homeless lived by the Ohio River --- would be excellent for riding and not bother anyone. The rider indicated that with the cost of gasoline it’s nearly 30 miles to the closest designated trail for dirt bike riding.
City Attorney Scott McClure told him that those locations were included and that council would have to pass an exemption to make riding at places such as those named legal. Unfortunately, a constituent of Teresa Loudermilk who now rides a scooter to work to avoid high gas prices also will be caught in the ban.
After discussion over whether a scooter would qualify as a toy vehicle, Scott Caserta pointed to wording in the ordinance that clearly classifies scooters with dirt bikes and ATV’s.
The West Virginia legislature banned ATV’s in 2004 from highways with center lines. Since then about 97 people have been killed from riding them in 2006 and 2007. The latest victim --- a 70-year-old partially retired special education teacher at St. Albans High School --- who died in a weekend crash.
Councilman James Ritter stated the “main complaints” stem from the “noise nuisance” from the vehicles, which have brought many complaints from his Westmoreland constituents. He described that users of ATV’s have been “eroding the flood wall” by building ramps on the river side of the levee. Ritter cited “erosion” to the dirt and sand levee through “tire marks” left by the vehicles.
One of the questions previously posed by council members concerned how a juvenile charged with violating the ordinance would be adjudicated. At issue, how juvenile riders would be charged, who would be fined and when would the ATV’s be impounded.
McClure stated that “impoundment is not part of the penalty,” thus, an adult with a truck could in theory remove the ATV before the city takes it. “Go ahead and take it, but you’re not driving it,” McClure said.
According to state law, juvenile offenders would appear before the municipal court or a juvenile referee.
But, from the statement of Ritter, adults as well as juveniles are part of the problem.
“We got a bunch of nuts riding on them with their kids,” Ritter told council.
Catching riders and vehicle owners have been an issue too for police. They get away. McClure responded that a citizen who taped digital footage of a rider and their visible license could be utilized as evidence to prosecute the rider.
In other business, council approved the purchase of video surveillance cameras for the Big Sandy Superstore Arena, Harris Riverfront Park, and the city’s parking garage. The cameras at the park will be wireless and also allow people to connect for free to the internet. Mayor Felinton hopes to expand camera usage onto Fourth Avenue.
Council approved a resolution that would allocate $10,000 of CBDG money toward a flood assessment study in Harveytown. The Corps of Engineers would match the amount. A representative from the Corps indicated that it would be completed in a timely manner.
As previously reported from the council work session, three matters have been referred to committees for additional work:
* A B&O tax incentive proposal was referred to the Finance CommitteeCouncil approved an ordinance for a traffic school which would allow offenders to avoid three points on their drivers license by taking the video class, an automated 911 emergency call out of fire crews and the Community Development Block Grant budget of $2.1 million for the 2008-2009 fiscal year.
* A proposal to eliminate the Executive Director position of the Huntington Municipal Parking Board was referred to the Parking Board
* A proposed ordinance involving penalties for false police/fire alarms due to electrical interruptions was referred to the Public Safety Committee.
Habitat for Humanity also presented a certificate of recognition to the Mayor for the city's assistance and cooperatio including them in the Artisan Avenue Redevelopment project and during the two weeks when out of town college students worked on the homes.
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