Floyd County drives a step closer to ATV ordinance for county road use

By Bob Steenson, bsteenson@charlescitypress.com

ATV aficionados may soon be able to travel the rural county roads in Floyd County, if the county Board of Supervisors continues down its road of passing an ordinance to make that legal.

Board members examined a revised ordinance proposal at their regular meeting Tuesday morning. They have been talking about the idea for more than a year, and a previous proposed ordinance discussed in February drew complaints from some all-terrain vehicle (ATV) and utility-task vehicle (UTV) users who said it was too restrictive.

The ordinance reviewed Tuesday removed a restriction against riding on hard-surface county roads, after some supervisors and others noted that many rural residents of the county live on hard-surfaced county roads and so would have no legal access to the gravel roads that would have been the only roads allowed for use in the original draft.

Riders would still not be allowed on state highways in the county, as that use is prohibited by state law and county law cannot override that, said Assistant Floyd County Attorney Randall Tilton, who wrote the original and the revised ordinance proposals.

The latest version would also allow riding on what are known as minimum maintenance roads.

About the only restriction in addition to state highways would be not allowing ATVs and UTVs on roads in parks and other areas controlled by Floyd County Conservation.

The ordinance would still allow a maximum speed limit of 35 mph.

Chief Deputy Pat Shirley, with the Sheriff’s Office, said the feedback they’ve received is that many people are excited the supervisors are considering the ordinance because just about every county around Floyd allows some type of ATV on-road use, and Floyd County residents “feel like they’re left out.”

“We’ve been paying attention to these other counties and we haven’t heard a lot of negative feedback,” Shirley said.
He said there is some concern about vehicles that are driving 55 mph or even higher coming up on a four-wheeler only traveling at 35 mph.

But Supervisor Doug Kamm pointed out that slower-moving agricultural vehicles frequently use county roads, and Supervisor Linda Tjaden said bicyclists also use the county roads, so people just need to be aware and be careful when driving on county roads.

The ordinance would also prohibit riding “in a manner which causes the road surface material on the roadway to be disrupted or moved in any fashion such as to require additional maintenance or grading.”

It also requires a rider to be at least age 16 and have a valid driver’s license, and if under age 18 to have passed and have a certificate from an ATV driver education course.

And it requires a rider to carry proof of liability insurance or other financial responsibility similar to that required for other motor vehicles.

Violation of the ordinance would be a county infraction punishable by a civil penalty of up to $750 on the first conviction, and up to $1,000 on subsequent convictions.

Supervisors agreed to put the ordinance on the agenda for the next regular meeting to set a public hearing date. Ordinances need to be passed at three separate meetings to become law, although supervisors can waive the second and/or third readings if they choose to.

Also at the meeting Tuesday, the board:

• Held a brief public hearing where no public commented and then passed an amendment to the current fiscal year budget making adjustments to revenue and expenses.

• Passed the annual noxious weeds notice, that property owners must destroy noxious weeds including Canada thistle, musk thistle, teasel, leafy spurge, annual sunflower, sour dock, palmer amaranth and wild mustard. The list is the same as last year.