Rafterman
June 22nd, 2006, 12:48 PM
County officials are determined not to let a few bad apples spoil the bunch when it comes to prohibiting off-highway vehicles (OHV) on Lyon?s roads.
An ordinance, which would prevent OHVs from traversing unpaved, county-maintained roadways, has received a denial with the understanding it will return at a later date. The trick is to have the reworked document in a format appealing to both law enforcement and OHV riders alike.
Lyon County Sheriff Sid Smith explained reasoning behind the proposed ordinance is to help curtail a large law enforcement problem. He said nearly half the calls in summer months pertain to OHV riders. He said the ordinance would also make more practical sense than posting prohibitive signs on each road, as few would be exempt.
Not unlike previously addressed ordinances governing discharge of firearms, Smith said it would likely not be pleasing to everyone in any case.
One of bigger draws of the ordinance is a decrease of dust and road damage; however, some believe it is only the irresponsible riders pushing the envelope.
Several turned out to protest the ordinance in its present form saying it should include some exemptions.
Dayton resident Stacey Patterson said she and her family enjoy riding OHVs noting construction and horses also kick up dust in the area. She agreed people riding alongside the highway are causing dust problems; however, the ordinance in question hits not only these problematic riders, but also the responsible ones. This includes those using unpaved County roads, which access BLM property.
?It?s really not fair to punish everyone for a few people?s mistakes,? she said.
This raised another point of their being few options for entertainment in the Dayton area. OHVs give youth access to friends, thereby keeping otherwise necessary parental transport out of the picture, Patterson said. She added the problem needs to be addressed without affecting quality of life.
?Please don?t take away the only way I have to get to friends? houses,? Jacob Patterson said.
A previous concern resurfaced Thursday of ranchers and farmers using OHVs in their operations, though Lyon County District Attorney Leon Aberasturi said he doubts a rancher is going to be cited for crossing the road. He said problems lie with recreational riders traversing several miles of roadway.
However, resident Darrell Pursel said the concern is still there for ranchers, as he is guilty of longer agriculture-related trips. With gasoline at more than $3, he said it is also an economic decision to utilize quads. Brian Doyle, of the Pine Nut Mountain Trail Association, noted the same Senate Bill 400 (passed in 2005), which includes the County?s right to prohibit OHVs, also includes provision to allow roadway travel up to five miles.
County Commissioners also had a say in the matter. Commissioner Don Tibbals said the ordinance is ambiguous adding the problem incidents could be better addressed individually.
Commissioner Phyllis Hunewill said she lives on a dirt road and would rather see riders unload their OHVs near the BLM property rather than traversing the entire roadway.
Aberasturi said non-registered vehicles are already illegal on public roadways. The idea of this ordinance is to bring in NRS and County Code to give law enforcement some more immediate teeth.
Smith said law enforcement officers could already cite riders for non-registration; however, the vehicle itself is not prohibited on the roadway. This brings in the Department of Motor Vehicles as a kind of middleman. Aberasturi added this ordinance would allow law enforcement to simply say ?no? when riders say they have the right to ride on the roadway.
Commissioner Chairman Bob Milz, who noted he is a rider of OHVs, said it would affect him too; however, the complaints have reached his telephone as well and, with no means of law enforcement, ?It puts the sheriff in a bad light.?
?(There is currently) no ordinance to allow him to do his job,? Milz added.
Smith concurred with both residents and Commissioners saying adults and youth need a place to ride and, more times than not, it is irresponsible riders provoking this ordinance. Milz noted the Dayton Regional Events Center master plan includes a riding option, though it is still down the road a bit.
The general idea derived from Thursday?s discussion is to take the ordinance back and revamp it to conform more to Lyon?s needs. Aberasturi said a meeting between the DA?s office and Smith could help temper the ordinance, which could then be circulated to local advisory boards.
?I?m happy we?ll go back and work on it,? Smith said.
As of Thursday, the ordinance has been denied with the understanding it would return at a later date.
Among other things, NRS 490, which includes Senate Bill 400, provides it is generally permissible to operate an off-highway vehicle on ?any public land, trail, way or unpaved county road,? unless prohibited by the local government.
An OHV is defined as a vehicle, which is primarily designed for off-road use, including, but not limited to: all-terrain vehicles, all-terrain motorcycles, dune buggies and snowmobiles.
An ordinance, which would prevent OHVs from traversing unpaved, county-maintained roadways, has received a denial with the understanding it will return at a later date. The trick is to have the reworked document in a format appealing to both law enforcement and OHV riders alike.
Lyon County Sheriff Sid Smith explained reasoning behind the proposed ordinance is to help curtail a large law enforcement problem. He said nearly half the calls in summer months pertain to OHV riders. He said the ordinance would also make more practical sense than posting prohibitive signs on each road, as few would be exempt.
Not unlike previously addressed ordinances governing discharge of firearms, Smith said it would likely not be pleasing to everyone in any case.
One of bigger draws of the ordinance is a decrease of dust and road damage; however, some believe it is only the irresponsible riders pushing the envelope.
Several turned out to protest the ordinance in its present form saying it should include some exemptions.
Dayton resident Stacey Patterson said she and her family enjoy riding OHVs noting construction and horses also kick up dust in the area. She agreed people riding alongside the highway are causing dust problems; however, the ordinance in question hits not only these problematic riders, but also the responsible ones. This includes those using unpaved County roads, which access BLM property.
?It?s really not fair to punish everyone for a few people?s mistakes,? she said.
This raised another point of their being few options for entertainment in the Dayton area. OHVs give youth access to friends, thereby keeping otherwise necessary parental transport out of the picture, Patterson said. She added the problem needs to be addressed without affecting quality of life.
?Please don?t take away the only way I have to get to friends? houses,? Jacob Patterson said.
A previous concern resurfaced Thursday of ranchers and farmers using OHVs in their operations, though Lyon County District Attorney Leon Aberasturi said he doubts a rancher is going to be cited for crossing the road. He said problems lie with recreational riders traversing several miles of roadway.
However, resident Darrell Pursel said the concern is still there for ranchers, as he is guilty of longer agriculture-related trips. With gasoline at more than $3, he said it is also an economic decision to utilize quads. Brian Doyle, of the Pine Nut Mountain Trail Association, noted the same Senate Bill 400 (passed in 2005), which includes the County?s right to prohibit OHVs, also includes provision to allow roadway travel up to five miles.
County Commissioners also had a say in the matter. Commissioner Don Tibbals said the ordinance is ambiguous adding the problem incidents could be better addressed individually.
Commissioner Phyllis Hunewill said she lives on a dirt road and would rather see riders unload their OHVs near the BLM property rather than traversing the entire roadway.
Aberasturi said non-registered vehicles are already illegal on public roadways. The idea of this ordinance is to bring in NRS and County Code to give law enforcement some more immediate teeth.
Smith said law enforcement officers could already cite riders for non-registration; however, the vehicle itself is not prohibited on the roadway. This brings in the Department of Motor Vehicles as a kind of middleman. Aberasturi added this ordinance would allow law enforcement to simply say ?no? when riders say they have the right to ride on the roadway.
Commissioner Chairman Bob Milz, who noted he is a rider of OHVs, said it would affect him too; however, the complaints have reached his telephone as well and, with no means of law enforcement, ?It puts the sheriff in a bad light.?
?(There is currently) no ordinance to allow him to do his job,? Milz added.
Smith concurred with both residents and Commissioners saying adults and youth need a place to ride and, more times than not, it is irresponsible riders provoking this ordinance. Milz noted the Dayton Regional Events Center master plan includes a riding option, though it is still down the road a bit.
The general idea derived from Thursday?s discussion is to take the ordinance back and revamp it to conform more to Lyon?s needs. Aberasturi said a meeting between the DA?s office and Smith could help temper the ordinance, which could then be circulated to local advisory boards.
?I?m happy we?ll go back and work on it,? Smith said.
As of Thursday, the ordinance has been denied with the understanding it would return at a later date.
Among other things, NRS 490, which includes Senate Bill 400, provides it is generally permissible to operate an off-highway vehicle on ?any public land, trail, way or unpaved county road,? unless prohibited by the local government.
An OHV is defined as a vehicle, which is primarily designed for off-road use, including, but not limited to: all-terrain vehicles, all-terrain motorcycles, dune buggies and snowmobiles.