Hearing Set On Proposed ATV Rules

By John Voket

Newtown’s Legislative Council is considering an ordinance that would restrict the use of all-terrain vehicles (ATVs) and dirt bikes on public property and has scheduled a public hearing on the issue prior to its August 18 meeting.

Francis G. Pennarola, chairman of the Newtown Legislative Council’s Ordinance Subcommittee, explained this week that the proposed ordinance ties in with the efforts to curb excessive noise in town.

“While the town is working on and considering a noise ordinance to help enhance the quality of life for residents in town who may be suffering because of motorcycle or off-road vehicle noise, we are also looking to limit, and frankly prohibit, the use of ATVs and dirt bikes on open space including school property, open space, trails, and parking lots,” he said.

News about the proposed ordinance is not sitting well with local ATV enthusiasts, however. And one town resident has organized a grassroots group that will represent the lawful users of off-road recreational vehicles at the hearing.

Kevin O’Neill, who resides in the Hattertown area, has established NOHVA, the Newtown Off Highway Vehicle Association, as a means to organize opposition to the ordinance, and in the event it is enacted, to monitor the ordinance language to ensure its fair application against those he calls “irresponsible riders.”

“There’s a big wall between us and them,” he told The Bee, referring to his fellow law-abiding ATV riders. “Our basic mission is to train riders in the safe and legally sanctioned operation of these off-road bikes and quads. There is a minority of ATV users that our group is, in a sense, against.”

Mr O’Neill would like to see a show of support from among the ATV riders who support his organization’s goals, while striving to protect certain freedoms he and fellow riders currently enjoy.

“I started this organization to show there are responsible ways to use these vehicles,” he said.

Mr Pennarola believes the time is right for such a ruling, and that the ordinance as written, would not specifically infringe upon the rights or freedoms of lawful ATV enthusiasts like Mr O’Neill.

“The town is in a position now, where it is acquiring more open space,” Mr Pennarola said. “It’s not just Fairfield Hills — we know there is a plan to start securing more open space across the community. And we don’t want the liability if reckless operators are injured, we don’t want the noise, and we certainly don’t want the environmental damage that comes with the unrestricted use of these vehicles.

“We’re just not interested in having that kind of traffic on our public land,” Mr Pennarola said.

As proposed, the ordinance would ban three- and four-wheel all terrain vehicles from streets, sidewalks, and all other public lands including, but not limited to, parks, playing fields, and open space, except as necessary to provide for the health or safety of persons, wildlife, or property by persons operating such vehicles in an official capacity.

The ordinance would also restrict dirt bikes and other two-wheel motorized vehicles, except to the extent that they may be lawfully operated on public highways, driveways, and parking lots.

Mr Pennarola said if the ordinance is approved, signs would be posted in areas typically frequented, or suspected as being used, by ATV and dirt bike operators. Violators would receive an infraction accompanied by a $99 per occurrence fine.

Mr Pennarola indicated that the Legislative Council may vote on the ordinance proposal at its meeting following the August 18 hearing.