Local News

Elkins to consider ATV ordinance

ELKINS -- A proposed ordinance to allow ATVs and UTVs to be driven on city streets will come before Elkins City Council next week.

Council's Rules and Ordinance Committee voted Thursday to push the proposed ordinance, drafted by City Attorney Gerri Roberts, on to full council at the Nov. 19 meeting.

"I would like to see it sent to council. I would prefer approval from all council members," said Fifth Ward Councilwoman Linda Vest, the chair of the Rules and Ordinance Committee.

Seven people sent letters to be read during the meeting's public comment period, including two city council members.

Both Fourth Ward Councilwoman Marilynn Cuonzo and Fifth Ward Councilman David Parker sent comments opposing the proposed ordinance, saying allowing the vehicles to ride on city streets would lead to safety issues and other problems.

In all, four of the public comments opposed the proposed ordinance, while three of the comments supported it.

During Thursday's meeting, Committee member and First Ward Councilman Rob Chenoweth said he had been asking his constituents about the proposed ordinance, and noted "some have been for it, but most are against it."

Second Ward Councilman Mike Hinchman said he "didn't really have a problem" with the proposed ordinance, but added, "I say, move it on to council and let them decide."

Hinchman also asked the chief of the Elkins Police Department for his thoughts on the issue.

"My opinion is that, to the greatest extent possible, our city laws should mirror state laws," EPD Chief Travis Bennett said. "And when we go above and beyond state law it should be for a specific purpose … And when I look through the ordinance and the state law as written, I don't see how these vehicles are more unsafe than other vehicles that we currently allow on the streets of Elkins."

The proposed ordinance states that on June 5, Senate Bill 690 became law, which "allows certain all-terrain vehicles and utility terrain vehicles, if licensed, registered, insured and outfitted with special equipment and safety features, to be declared 'street-legal' and to operate on certain paved roads throughout the State of West Virginia.'"

Owners of such "street-legal" vehicles must "obtain and display a motorcycle trailer inspection sticker from the Division of Motor Vehicles," the proposed ordinance reads.

It would also "establish an annual permit fee of $50 to operate a street-legal special purpose vehicle within the corporate limits of the City of Elkins."

Under the proposed ordinance, operators would have to "observe a safe operating speed with the posted speed limit." It also states that "all street-legal special purpose vehicles are prohibited from traveling a distance greater than 20 miles on a highway, road or street displaying centerline pavement markings."

Matt Ogden, an Elkins Fire Department fire fighter, was recognized as the individual who brought the new state legislation to the city officials' attention. Ogden brought his personal UTV to the parking lot behind City Hall before Thursday's meeting so that officials and the public could see the required features on the vehicle.

City Council will meet at 7 p.m. Nov. 19 at City Hall.