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Monroeville aims to rein in ATVs

Brian Bowling
By Brian Bowling
3 Min Read Nov. 19, 2008 | 17 years Ago
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The only way to persuade ATV and dirt bike riders to respect municipal parks and private property might be to impound their vehicles, says a Monroeville council member.

The municipality tried signs and barriers to keep riders -- usually teenagers -- out of parks, but the riders just take them down, said Councilman Ron Harvey, who represents Ward 3.

Residents complain about having to dodge all-terrain vehicles while walking in the parks, he said. ATVs and dirt bikes are not allowed because they can tear up trails and ball fields.

"The ATVs have taken over. Instead of being a park, it's an ATV track," Harvey said.

The estimated number of four-wheel ATVs used in the United States has nearly quadrupled from 2.4 million in 1996 to 8.6 million in 2006, according to the U.S. Consumer Product Safety Commission. The number of ATVs registered in Pennsylvania increased about 4 percent a year since 2005, according to the state Department of Conservation and Natural Resources.

About one-fourth of 245,000 ATVs registered in the state are from the 10 counties around Pittsburgh.

Although Monroeville is known for its commercial district, about one-third of its 12,505 acres are wooded, making it an attractive destination for ATV riders. Municipal parks make up about half that acreage.

Council is considering an ordinance that would give police impound authority in public parks, as they have on public roads. The ordinance might allow police to impound off-road vehicles trespassing on private property.

On a first offense, the rider would get a citation.

"The second time, we're taking your vehicle," Harvey said.

If parents have to pay fines, and towing and storage fees for the vehicles, they might ensure their kids don't misuse the vehicles, Harvey said. The ordinance would encourage adult scofflaws to respect property boundaries, he said.

Don McClure, spokesman for the Pennsylvania Off Highway Vehicle Association, said his group would help Monroeville write the ordinance if it's aimed at curbing illegal riding and wouldn't authorize vehicle impoundment on a first offense.

"In the right circumstances, it would be something worth considering, from a township perspective, because illegal riding must stop," McClure said.

Riders who ignore property rights and damage public land hurt the sport and make it harder for legal riders to find places they're welcome, he said.

The municipality should take note if young teens are riding machines designed for adults, McClure said, because "that's inherently unsafe and they should not be doing that."

Ohio Township Manager John Sullivan said ATVs there have become a problem in parks, subdivisions and open spaces that provide riding room. He said it would be interesting to see whether Monroeville can curb the problem.

"God bless them, because (ATVs) can be one pain in the tail," he said.

Moon manager Greg Smith said Moon has an ATV problem at Olson Park, even though it hasn't opened yet.

"It's been a difficult problem for us. We haven't gotten our arms around it," he said.

Impounding ATVs and dirt bikes would propel Monroeville into new legal territory.

Bruce Dice, Monroeville council's lawyer, said state law gives police the authority to impound ATVs and dirt bikes when someone drives them on public roads. They can impound illegally parked vehicles, so extending that authority to another illegal use makes sense, he said.

Although state law doesn't specifically authorize Monroeville to broaden enforcement of ATVs, Dice said Monroeville can write a law because it's a home-rule municipality. Whether such an ordinance could withstand a court challenge, "let someone appeal it and we'll see," he said.

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