Almost a year after e acting an ATV ordinance allowing ATVs to ride on county gravel road shoulders, the county board considered reports from the Highway Department, the Sheriff ’s Department, and the Minnesota Department of Natural Resources Tuesday, April 13, 2010 on how well the ordinance had been followed.
“There wasn’t anything unusual compared to years past,” Sheriff Mark Falk told the board. His office received 15 complaints from throughout the county, three of them unfounded.
Seven of the complaints came from the end of County Road 5 at Lutsen Mountains Ski Area. Falk said some employees simply needed to be educated on legal use of ATVs. “I believe this issue has been resolved,” Falk wrote in a memo to the board, “as there has not been such a complaint since December 11, 2009.”
One noise complaint in Grand Marais resulted in a violator forfeiting his or her ATV after fleeing the police officer who investigated. One complaint regarded two teenagers “whipping” around the Community Center parking lot. Their parents were notified and they were issued petty petitions for illegal ATV operation.
One caller from Grand Portage requested extra patrol around Picnic Bay Estates. Another call regarded an accident in Grand Portage that resulted in injuries, seconddegree DWI charges, and forfeiture of the ATV.
An incident on private land outside of Grand Marais resulted in two injured juveniles being transported to Duluth, one by ambulance, and the other by helicopter. According to Rhonda Silence of the Cook County ATV Club, the juveniles had undergone no ATV safety training.
Highway Department Maintenance Supervisor Russell Klegstad wrote in an email to the board, “The Highway Department has seen very few problems relating from the ordinance allowing ATVs to operate within the right of way. It seems to be working well and we suggest that continuing to allow this be deemed as acceptable.” At the county board meeting, he suggested that the more legal routes the county offers ATVers, the less illegitimate use they will see.
The only area where ATV use affects county property is where ATVs have to come up a steep ditch to cross a road, Klegstad told the board. He recommended considering this in future road reconstruction plans and suggested that riding lanes be built alongside county 9
roads.
Commissioner Bob Fenwick said he would like to encourage use of the far right side of the road rather than making ditches more accessible, adding that damage to county ditches is probably less since the ordinance allowed riders on the edges of gravel roads.
DNR Conservation Officer Mary Manning pointed out that state statute allows ATVers to avoid environmentally sensitive areas, such as wetlands, by riding on the side of the road.
Manning and DNR officer Thomas Wahlstrom reported that they had issued no citations for ATV violations related to the ordinance. Conservation Officer Darin Fagerman wrote in a memo, “People may find this hard to believe, but I have not seen one single Class I ATV on a county dirt road in my station since this ordinance was passed. I have seen a few riding illegally on Forest Service roads and on paved county roads. …I haven’t seen any issues with the ordinance.”
U.S. Forest Service District Ranger Dennis Neitzke said
” some illegal ATV use has always taken place on Forest Service land, but the number of incidences has not increased.
Silence asked the board to consider 1) allowing ATV use on county roads within Grand Marais city limits, 2) allowing ATVers to ride on the shoulders of paved county roads, and 3) making the ordinance permanent (as written, it will expire two years from now).
Chuck Silence said no ATV accidents have taken place in Grand Marais since ATVs have been ridden there. State statute allows ATV use within city limits. Bikers and walkers are allowed along roadsides, he said, and ATVs should be allowed to ride there as well.
An April 30, 2009 memo from the Grand Marais City Council supported opening county roads within city limits to ATVs. “We recommend consistency of ATV use on city streets,” the memo said. “ATV usage within the City of Grand Marais has not created any problems.”
County Attorney Tim Scannell suggested adding a provision to the ordinance that would allow ATVs on the shoulders of paved roads for a trial period such as a year, with a review to determine whether the provision should become a permanent part of the ordinance.
A public hearing to discuss revisions to the ordinance will be held at 9:00 a.m. Tuesday, May 25.
Commissioner Fritz Sobanja addressed the approximately 16 ATVers at the meeting, saying, “I’d just like to say great job!” Although the issue has included a lot of contention, he said, “it’s turning out okay.”
ATVer Vilnis Nielands said that there have been issues, but the community came together to work them out. “Thisdidn’t turn out well by accident.”
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