ATVs clear 1st roadblock

Seymour Common Councilman John Reinhart doesn't like the idea of people riding their all-terrain vehicles up and down city streets.

But he is willing to listen to those, such as Bill Toborg, who would like that chance.

"It scares me," Reinhart, a retired Seymour police chief, said of the idea. "I'm not in favor of them riding all over town."

Earlier this month Toborg requested city officials come up with an ordinance allowing for the use of ATVs on city streets. He said he would like to be able to ride his four-wheeler without having to load it up and take it to the country.

The request was forwarded to council's Thoroughfare Committee for further research after council members expressed concerns about safety.

That committee met Monday night before the regular council meeting and recommended council proceed with writing an ordinance.

"I think we should draw an ordinance up and have a public hearing," committee member and Councilman Mike Jordan said. "That way we can put it on the table and talk about it."

Council will hold first reading of the ordinance at 7 p.m. Sept. 8 at City Hall. An ordinance must be read and approved twice before it becomes law.

Jordan emphasized that by writing the ordinance the city was not saying it supports the idea.

Reinhart, chair of the committee, agreed the city should draft the ordinance but said he wasn't ready to sign off on the deal.

"It's going to take some convincing," he added.

Making his case

Toborg said he thinks he has a convincing case.

He handed out copies of Indiana law on the use of ATVs and talked about the conditions he would like to see included in a city ordinance.

Toborg said ATVs must be registered with the Indiana Department of Natural Resources, have a good working muffler, headlights, taillights and brakes. It also requires that drivers must have a valid driver's license.

City officials could also require insurance and could restrict ATVs to certain streets if they so wished, he added.

Toborg said he has been careful to follow all state laws and is "just trying to be legal."

If written correctly, Toborg said, an ordinance would "give city police teeth to enforce" the law.

"With a properly written ordinance it would be enforceable and safe," Toborg said. "Right now they can run wild on them and apparently do. I don't think there would be as many problems as we anticipate. It may cause a few problems at first until people get the message."

Currently, the city does not have any regulations on ATVs.

"I don't think there is an ordinance on the books that addresses them," Jordan said.

However, that wouldn't stop police from writing Toborg a ticket if he was caught riding his four-wheeler on city streets.

"You would be cited for an unlicensed vehicle," Police Chief Bill Abbott said. "Because it would not be licensed to ride on city streets."

Reservations

Abbott said he understands Toborg's request and would support it if he thought other people would follow the law.

"I'm not totally against it, but I have reservations," Abbott said. "If it was just him (Toborg) I wouldn't have a problem with it and if everyone followed the law I would be all for it."

Other cities are looking at similar requests for ATV use, he added.

Some disagree

Debbie Terrell of Seymour said she is against the idea, but if city officials approve of it, then they need to be strict with rules and regulations.

"They should have to get a driver's license, insurance and a license plate, because that's what I have to have to drive my vehicle," she said after the meeting.

She also said that the ordinance would "open up a can of worms" and cause problems for police officers.

"The cops don't have the time to deal with this," she said.

Terrell also was concerned with safety.

"I don't want to see kids being run over or trying to ride them and get hurt," she said. "I already have teenagers riding them by my house, and it's a big problem."

Toborg's daughter, Jennifer Day, said an ordinance would help with existing problems of people riding ATVs.

"An ordinance will stop younger people from riding them because parents won't want to pay a fine," she said. "And it will keep people from riding on other people's property if they can legally ride on the street."

Day said she was surprised by the council's dismissal of her father's request at the last meeting.

"I was surprised at how quickly he was shut down," she said. "He came up with a lot of information for them."

‘Give it a chance'

Pat Baxter said she didn't understand why council couldn't approve an ordinance.

"This is a motor vehicle that has to be registered," she said. "I don't understand what the fuss is all about."

Toborg said it wouldn't hurt the city to give the ordinance a try.

"Any ordinance can be revoked," he said. "If the police are getting too many complaints, then just do away with it. I would like to see us at least try it. It would make me legal."

Indiana laws on ATVs

 An ATV may be ridden on the public right-of-way adjacent to a public highway

You may cross a public highway

An ATV may not be ridden on public property

An ATV may not be ridden in a U.S. forest

An individual under 14 years of age may not operate an ATV

An individual may not operate an ATV on a public highway without a valid motor vehicle driver's license.

An ATV may not be operated between sunset and sunrise without at least one headlight and one taillight.

An ATV may not be operated at any time unless it has brakes capable of stopping it at 14 feet a second on level ground at a speed of 20 miles per hour.
An individual may not operate an ATV without a muffler in good working conditions.

Source - Indiana Department of Natural Resources

What do you think?

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