Waitsburg Says No to ATVs on City Streets

WAITSBURG – An ordinance regulating the use of all-terrain vehicles on Waitsburg streets was rejected at the city’s Oct. 12 council meeting in order to let state statutes prevail.

City Manager Randy Hinchliffe presented an ordinance to the council that would allow ATV use on city streets with a speed limit of 25 mph or less. The ATVs would have to comply fully with state laws, meaning they must be registered, operated by licensed drivers, and have proper turn signals, lights, and seat belts.

The intent of the ordinance was to limit excess noise and discourage individuals from operating the vehicles in an unsafe manner, especially those buzzing down city streets late at night.

Council member KC Kuykendall said that ATVs on city streets are already illegal by default according to state code.

“All this does, in my opinion, is let everybody know that once you drive an ATV, that within these restrictions, they’re legal. I don’t know how that cannot increase traffic,” he said. “Does the fact that they have seatbelts and lights make it more desirable to have ATVs running up and down the street?” he asked.

Several council members questioned whether or not law enforcement officials would be able or willing to enforce the ordinance even if it was approved.

Council members asked about the possibility of writing an ordinance that would allow incidental use such as hauling feed to animals or moving yard equipment.

“Kevin (House) uses them to go to various buildings in town. That would put a stop to him and he wouldn’t be able to do that anymore. Or Jim (Davison) trying to feed his horses. Or Colter’s (Mohney) not able to spray at the school because he’s got an ATV hooked up to a sprayer. That’s not being fair to them,” said Mayor Marty Dunn.

“I think what we’re all collectively saying is the RZRs and the all-terrain high performance vehicles with kids hanging off the back of them and kids under the age of 18 years old driving them is a big concern,” he added.

Kuykendall said he didn’t even care which kind of ATV a person is using if they’re just going eight miles per hour for a couple of blocks to do a chore as long as it was incidental and intermittent and they weren’t driving up and down the streets without purpose.

“Frankly, this is a waste of time to me. It’s a moot point. I don’t think you’ll ever find anyone to enforce it,” said council member Kevin House.

City attorney Jared Hawkins agreed that restrictions are nice, but that the information would have to be passed on to the sheriff’s office.

“And they would have to be there to see the individual and be willing to write a ticket for that purpose,” Dunn said. “Writing an ordinance to duplicate what the state already has out there is a waste of time,” he added.

Following significant discussion, the council voted unanimously to reject the ordinance and to talk with Sheriff Turner about enforcement when he presents his next update to the council.