More Input On ORV Ordinance

DAYTON - More than two dozen Dayton residents looked on in interest as friends, relatives and neighbors argued for and against a proposed city law that would allow off-road vehicle users to access mountain roads via city streets.

The ORV ordinance was slated for its first reading during Monday night's city council meeting, which took place across the street from city hall at St. Joseph's Catholic Church to accommodate the crowd. But after more than half an hour of testimony and complaints from constituents, Dayton city officials agreed to postpone the reading of the proposed law pending further research. "We want all the ducks in line before we have the first reading, if we decide to go ahead with it," said Mayor Craig George. The proposed ordinance would allow a licensed driver 16 or older and wearing a helmet to operate an ORV outfitted with a headlight, taillights, a mirror, sufficient muffler, adequate brakes and spark arrester access to Eckler Mountain Road and off-road riding on designated county roads without having to first load the vehicle onto a trailer and drive it out of town. "What was envisioned when this was drawn up was that anybody who lived east of the river could go directly to Mustard (Hollow) on one of these collector streets," Columbia County Sheriff Walt Hessler said Monday night, indicating the map everyone picked up at the door to peruse. "It's not so they can swoop down to the PDQ to get a gallon of milk." The collector streets would include Dayton Avenue to North 3rd Street, South 3rd Street, East Clay Street, South 4th Street, Eckler Mountain Road, East Spring Street from South 8th Street to South 5th Street, East Tremont Street from South 5th Street to South 4th Street, and across Main Street at 3rd Street.

"People will be allowed to leave wherever they live and take the most direct route to one of those collector streets," Hessler said. Detractors were alarmed to hear the sheriff's explanation, many not having realized until then that the ordinance would actually open up all streets east of the river to limited ORV use. The proposed ORV law was introduced to the public during a regular council session two weeks ago. The proposal drew heavy fire from residents in attendance who expressed concerns about the noise, liability, and safety of allowing off-road vehicle access to residential city streets.

Monday evening councilors heard more of the same complaints from many of the same detractors.

"This piece of legislation goes against everything we've been working so hard on," said resident Don Campbell. "I just know ding-dang well that these folks are going to load up where they want to at four, five, six in the morning making a lot of racket. And I do not like noise." Others opposed to the law, including resident Kris Takemura, cited safety for ORV operators and other drivers and a concern for the liability involved if an ORV operator were injured or caused injury inside city limits. As the ordinance stands, operators would not be required to carry liability insurance.

"I think it would be negligent if not irresponsible of Dayton's government to support this ordinance," Takemura said, stating she believed such a law would open the city up to lawsuit. But a large number of Monday evening's attendees were in support of the proposed ordinance, in contrast to the council meeting two weeks ago when nobody spoke up in support of the law.

"I don't think ORVs on the road are going to be a lot of danger to anybody," said ORV owner Mike Varney.

And Jim Costello, Dayton superintendent of public works, supported the ordinance saying it would be "neat" not to have aban( doned rigs on the shoulder of mountain roads where people leave their trucks and trailers after towing their ORVs out of town. "You always wonder if they'll be safe or whether they'll be vandalized," Costello said. "I think it would be a boon to the community and to those who come here for hunting and fishing." Resident John Delp, who lives on 5th Street just a few blocks from Eckler Mountain Road, agreed with Costello. "I'm an ATV owner, and I'm not a member of Hell's Angels or anything," he said, to which many in the audience chuckled in support. "I just like to go out with friends and enjoy the scenery. I think hunting, fishing, motorcycles and mountains are what Dayton is all about." Delp's words received murmurs of agreement from many listening, including Dayton Chamber of Commerce Director Lisa Ronnberg. "I appreciate the people who have concerns here," said Ronnberg, who explained that she spoke with city officials and chambers in many nearby community with similar ORV ordinances on the books.

"I expected to hear about all kinds of problems," she said. "But I didn't hear any. We believe with this ordinance, we might be able to get people to come for recreation, rallies and other events. This ordinance would be a starting point (for drawing more tourism)."

And in response to questions in the audience about how law enforcement would deal with increased traffic and ORV operators who did not follow ordinance regulation, Sheriff Hessler said the intent was to "try out" the law and see how things go over the next year or so. "If it becomes a royal pain in the patootie, it would be hatched off the books," he said. City councilors were most concerned with the idea of liability. They postponed their decision on the ordinance in order to research the city's responsibility with city attorneys - the city may require ORV operators to carry liability insurance, although state law does not require it - and to consider a few revisions to the wording suggested by resident Jeff Turner.

Turner's suggestions included "bumping up" the hours of operation allowed, which were written to include

6 a.m. until 10 p.m., and allowing ORVS to drive within the lane of travel. The ordinance as written would require operators to drive with right wheel(s) on the right should of the street at all times possible. Mayor George stated that the city would try to have a new ORV ordinance ready for a possible reading by the next council date, on Aug. 9. But it might not happen until Aug. 23, he said. "We'll make sure people know when we're ready to try a first reading, if we have a reading, again," he said.