Whether smaller, Class 1 all-terrain vehicles should be permitted to operate on road shoulders in Crow Wing County was the subject of discussion for the county board Tuesday.
Land Services Director Gary Griffin discussed a proposed ordinance regulating the use of ATVs in county road right of ways at the committee of the whole meeting.
"I think there's a strong support from our ATV clubs that they would like to see this," Griffin said.
The draft ordinance's purpose is to control and regulate the use of ATVs in the right of way of roads under the county's jurisdiction "to ensure the integrity of, and appropriate use of, said right of ways, and to promote the general health, safety and welfare of the citizens."
"Gary, what has prompted this? ... Why do we need this?" Commissioner Paul Koering asked at the informational meeting at the Historic County Courthouse on Laurel Street in Brainerd.
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Griffin replied, "There is a growing concern that the smaller four-wheelers have to stay in the road ditches ... and technically when those little ones go up on the shoulder, they are technically breaking the law and could be subject to fines or penalties, I guess."
ATV clubs would also like to see an ATV ordinance adopted by the board because the organizations desire more availability of trail connections, according to Griffin.
"We do have quite a bit of trails-we've got seven, eight, nine significant trails in the county-and they would like kind of official connections to those," Griffin said.
The proposed ordinance would allow smaller, Class 1 ATVs that were restricted to road ditches to be operated on the shoulder of county roads just like larger Class 2 four-wheelers are permitted to do, with the proposed ordinance setting a general speed limit of 30 mph.
"From the state's standpoint, they've given the counties the authority," Griffin said about ditch riding vs. riding on a shoulder of county roads. "On state highways, I don't believe there is any allowable use on the shoulder. You have to stay in the road ditch or the right of way."
Aitkin County's ordinance regarding ATV use does not address alcohol, seasonal restrictions or insurance requirements, for example, for its population of 15,702 residents, but it does impose a speed limit of 30 mph on the shoulder of county roads, according to Crow Wing County Land Services.
Cass County with its population of 28,706, Morrison County with its population of 32,775 and Stearns County with its population of 154,708, by comparison, have no ATV ordinances.
There are an estimated 9,200 registered ATVs in Crow Wing County.
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"Townships can again be more restrictive if they choose to be, but if we adopted the ordinance, we can't overrule that no matter what," Commissioner Paul Thiede said.
Primary responsibility for the proposed county ordinance's enforcement shall rest with the sheriff department but may be enforced by any other law enforcement officer if he is the member of a city, state or county agency that has a reciprocal enforcement agreement with the county.
"Commissioner Koering, I don't know if you were here when we passed the allowance on the shoulder of (County Highway) 66 in Crosslake ... and I talked to the chief over there ... and he said there has not been an issue with speed. He said people are just respectful," Thiede said.
Koering said, "I just remember five, six years ago when I ran for this office, the ATV issue was THE issue, and people in southern Crow Wing County were up in arms over people riding their ATVs from Fort Ripley over to Pine Center, and there was hundreds of signs-'No ATV.'"
ATV drivers under the age of 12 may not operate a Class 1 four-wheeler within a public road right of way, according to the proposed ordinance.
Also, those ages 12- to 16-years-old may operate one on the shoulder or "extreme right-hand side of the roadway," but must have a valid ATV youth safety certificate and must be accompanied by a parent or legal guardian on a separate ATV.
"Why 30 miles per hour?" Commissioner Rachel Reabe Nystrom asked Griffin.
Griffin said, "I guess we thought it was a good compromise as far as too slow, but we also think we need a little bit of responsibility, so they can't just go-if you don't put anything on there, they could go the legal speed limit, so whatever the regular speed limit would be there."
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Anyone who violates any of the provisions of the proposed ordinance-if adopted by the board-shall be guilty of a misdemeanor, and anyone who violates any of the provisions shall be liable for the cost of any restoration of any damage to property caused by said violation.
The proposed ordinance also states no person shall operate an ATV at a speed greater than 20 mph on County Highway 66 from the junction of County Highway 3 in Crosslake to the junction of County Highway 1 in Manhattan Beach.
"And I'm thinking there are places in Crow Wing County where there's wetlands, and so it only makes sense to get them up higher," Commissioner Rosemary Franzen said of the ordinance's proposal to allow Class 1 and Class 2 ATVs to operate on the shoulder together.
Griffin said the proposed ordinance heavily references state statutes regarding ATV use. Included in the county ordinance, for example, is a requirement that minors must wear an approved helmet while operating an ATV.
"Basically, we're following state statute on all those age requirements," Griffin said. "We took it as thinking that you wouldn't want to be more restrictive than the state when it comes to that because that gets to be a lot of extra work if you well-and the helmets, the same thing."
The definition of an all-terrain vehicle adheres closely to the state statute, which does not include a golf cart, mini-truck, dune buggy or go-kart "or a vehicle designed and used specifically for lawn maintenance, agriculture, logging or mining purposes."
Public comments regarding the proposed ATV ordinance are welcomed, county officials noted. The Land Services Building is located at 322 Laurel St., Suite 15, Brainerd, or call 218-824-1010.
