By Liz Beavers
lbeavers@newstribune.info
managing editor
KEYSER — Although Mineral County has an ATV ordinance currently in place, the residents of Fountainhead would like for the county to adopt a tougher ordinance for their specific subdivision.
“They don't want any ATVs at all on their streets or roads,” Commissioner Janice LaRue said.
The county's ordinance, adopted after months of debate in 2006, bans ATVs from any road or highway containing a center line. The vehicles may be operated on the shoulder of a road for the purpose of getting from one trail or field to another, but the driver must possess a valid driver's license and must wear a protective helmet.
The ordinance is also only in effect outside of the county's five incorporated municipalities, although the municipalities, like Carpendale, may adopt the provisions of the ordinance as their own.
Commissioner Cindy Pyles said she thought subdivisions could also “adopt what we already have.”
Part of the problem, however, is the fact that the residents of Fountainhead want a stricter law than the county has.
“They are requesting an ordinance that would eliminate totally the running of ATVs on subdivision property,” Bland said.
Another part of the problem is where to place the responsibility of enforcing the ordinance.
“The problem is that these are privately maintained roads and more than likely enforcement of such an ordinance would be on them (the residents),” Bland said, noting that the residents who witness someone violating the ordinance would have to testify in court.
Bland said the residents of Fountainhead had tried to crack down on the off-road vehicles on their own, but had no success.
“The problem is, it's mostly juveniles doing this,” he said. “They called the parents, but it typically just made things worse.”
The commissioners said they would check with the prosecuting attorney on the matter.
