ELKINS — City of Elkins officials said Monday they are receiving complaints from residents about all-terrain vehicles (ATVs) being ridden on streets inside city limits.

“Remember: It is illegal to ride ATVs on Elkins streets,” a Monday City of Elkins press release stated.

“There may be some confusion because of a recent change in state code,” the release continued. “As enacted by the West Virginia legislature earlier this year, it is now legal to ride registered, inspected, ‘street-legal’ ATVs (1) on certain state rights-of-way outside of city limits and (2) in cities that have incorporated these changes into their own laws. Elkins has not changed its laws forbidding ATV use inside city limits, so doing so remains illegal here.

“Please be courteous to your neighbors and respect the law: Do not ride ATVs on streets inside city limits,” the release states.

“If you call police to report riders breaking this law in your neighborhood, remember that officers cannot issue a citation based on your report alone. Clear video or photographic evidence will make it easier for officers to take action, however.”

Elkins City Council voted down a proposed ordinance on Feb. 18 that would have allowed ATVs and UTVs to drive on city streets.

The proposal had been returned to the Rules and Ordinance Committee for revision after it divided council on a 5-5 vote in December 2020.

On Nov. 19, 2020, Former Elkins Mayor Van Broughton broke a 5-5 tie by casting his vote to approve on first reading the original proposed ordinance. The tie vote came after a lengthy and at time contentious discussion on the ATV ordinance by council members, as well as a motion to send the ordinance back to the committee to be revised — that vote also resulted in a 5-5 tie.

Council voted 6-4 in early December 2020 to send back to the Rules and Ordinance Committee for review the controversial proposed ordinance. The ordinance had been set for a vote on its second and final reading at that council meeting.

At the Feb. 18 council meeting, Fifth Ward Councilman Dave Parker said he had spoken with Delegate Cody Thompson, D-Randolph, to “get his perspective” about the proposed ordinance.

“According to Delegate Thompson, the state legislation that launched this ATV/UTV question was intended to address concerns and issues specific to the southern counties of our state, that have developed ATV trail systems, such as the Hatfield-McCoy Trails,” Parker said. “There are sections of trail that end, and require ATV riders to run on highways to reach the next section of trail …

“Our legislators did not intend this bill to be applied statewide to encourage the use of ATVs and UTVs on highways and roadways in and around our towns,” Parker added.