Snowmobiles Added As Modified ATV Ordinance Passes Council

By John Voket

An ordinance restricting certain off-road vehicles from town-owned land that brought ATV enthusiasts out in force for a recent public hearing passed the Newtown Legislative Council Wednesday. Modifications to the amount of fines for violators and the inclusion of snowmobiles among the types of vehicles prohibited were added and approved after discussion.

According to council Chairman Will Rodgers, modifications to the ordinance language did account for the possible provision of an ATV park or recreation area at some future point, and that any access to be granted for any public land use by certain two-, three-, four-wheel vehicles or snowmobiles would only be granted after first selectman and council reviews.

“At least one council member [Peggy Baiad] took pains to stress this was not a promise to establish such a course,” he clarified.

Another modification to the amount of fines was made to bring the ordinance into conformity to state statutes, Mr Rodgers explained. He said the fines were changed from $99 per occurrence to $90, which is the cap on local ordinance fines set by the state.

Mr Rodgers further stated that the council felt strongly about endorsing this ordinance after hearing such strong opposition to use of the vehicles on public land. He said many townspeople were also upset over the use of the vehicles on private land, either by trespassers or those with permission, but this ordinance does nothing to address those points.

“The trespassing statute is the only enforceable action for police against trespassers,” according to Mr Rodgers. “And those with permission to ride on private land, who do so with noisy equipment, or at inappropriate times may be dealt with through an adoption of a town noise ordinance, which is still in the hopper.”

The leader of a Newtown-based grassroots recreational riding group said in a message to members following the meeting that changes to the ordinance language have leveled the playing field for all off-road vehicles, including snowmobiles.

Kevin O’Neill, of the Newtown Off Highway Vehicle Association (NOHVA) posted the results of the vote, along with a message on his organization’s website. In the message he alludes to the fact that some of the modifications to the final ordinance incorporated suggestions asserted through NOHVA.

He calls a modification to the language shifting responsibility for determining appropriate access and control from the Parks and Recreation Department to the first selectman and Legislative Council a, “…loss of endorsement…”

“If they had put the control in the hand of the Parks and Rec Department, it would have been viewed as already endorsed by the various leadership bodies,” he said. “Now the advocacy has to go through a much more comprehensive process.”

Mr O’Neill indicated that other suggested modifications were also included.

“Other good news is the rest of my language was included in the members’ versions. This means the access to public lands for a future ATV use is allowed, but will require endorsement by the first selectman and the Legislative Council,” he wrote.

Mr O’Neill said following the meeting that NOHVA wants to put a management plan in place for legal ATV use in town.

“If the town wants to be serious about managing this they’ll have to put all their police resources towards enforcing it, or by creating a place for the activity to be done lawfully,” he said. “A lot of the work has already been done to show our side of the story.”

Mr O’Neill said he is expecting as many as 50 supporters to NOHVA’s first organized meeting September 10 in Edmond Town Hall’s lower meeting room at 7 pm. The organization’s website is www.nohva.org.