If you see a Class I ATV driving along the right shoulder of a paved county road (other than the Gunflint Trail north of Devil Track Road), you don’t need to call the police—it’s legal.
At a public hearing on Tuesday, May 25, 2010, the county board revisited the ATV ordinance it adopted a year ago. Following a review of reports from the Sheriff ’s Department, the DNR, and the Cook County Highway Department in April and at the request of the Cook County ATV Club, the board had agreed to consider the following amendments to the ordinance: to allow riding along the right shoulders of paved county roads, to allow riding on county roads within the city limits of Grand Marais (as allowed by city ordinance) and to remove the provision that the ordinance would expire after three years.
Commissioner Fritz Sobanja wanted to keep the three-year trial period, saying it was a contentious issue that previous boards had not resolved. Commissioner Bruce Martinson didn’t see a problem with making the ordinance permanent, since it could always be rescinded. “An ordinance is never permanent,” he said.
Commissioner Bob Fenwick said the purpose of the ordinance is to prevent human injury and damage to ditches. He advocated for consistency with the city ordinance allowing ATVs in Grand Marais but expressed concern about allowing them alongside paved roads throughout the county. “I do have a concern about safety,” he said.
The same safety issue exists with bicyclists, Martinson said. Commissioner Jan Hall agreed, pointing out that people travel the road shoulders in numerous other ways. They could address the issue of ATVs on road shoulders if it became a problem.
Motorized vehicles are capable of higher speeds, Sobanja argued.
People have safely been using ATVs on county road shoulders in the West End for 20 to 30 years, Martinson countered.
“There’s such a variety on the roads,” Highway Maintenance Supervisor Russell Klegstad said. He said people would ride their ATVs on paved portions simply to get from their homes to the gravel portions of county roads. Should the county build parking lots instead where the gravel portions begin? he asked. Raising awareness of the need to watch out for ATVs is the same as raising awareness of the need to watch out for motorcycles, he said.
South Brule and Ballclub roads have ruts from ATVs spinning doughnuts, Sobanja said.
Certain areas have problem people doing things they shouldn’t whether it’s legal or not, Klegstad said. It doesn’t affect all the appropriate use in other places.
Commissioner Sobanja asked the ATV Club to inform riders about the law and about safe driving.
“I just conducted an ATV safety course Saturday with several conservation officers,” Chuck Silence said. The club regularly educates at least the young riders, he said, teaching them to use their brains and respond to conditions.
At certain speeds, Commissioner Fenwick said, an ATV would not be as stable on a paved road as a bicycle. “I can’t ignore the obvious,” he said.
ATV owner Betsy Perry said law enforcement officials don’t all agree on what the state law says about riding on a road shoulder if the ditch is not safe for riding. A county ordinance could make that clear, she said.
Not having an ordinance has “created a culture” of sneaking around, Tofte supervisor Paul James said. He suggested some wording that would specify where exactly an ATV could ride, such as to the right of the white line along the edge of paved county roads. Just as laws requiring seat belts have resulted in safer driving conditions for people in cars, the wording of the ATV ordinance could create safer driving conditions for ATVers.
Car drivers violate laws all the time, Chuck Tice pointed out. All ATVers should not be punished because a few of them aren’t responsible. Not allowing ATVs beside county roads would be like not allowing anyone to drive a car because some people drive drunk, he said.
Commissioner Martinson suggested allowing ATVs along the shoulders of paved roads except for the two with the highest traffic count: the Gunflint Trail and the ski hill road in Lutsen. County Road 7 is another much-used road, Commissioner Sobanja pointed out. The Gunflint Trail is an important link for ATVers to get to other roads, ATV Club member Rhonda Silence said. A biker was killed on the Gunflint Trail years ago but bikes weren’t banned, she said.
The board discussed how the ordinance could be worded to maximize the safest operation of ATVs, such as with speed limits or stipulations on staying off the pavement whenever possible. County Attorney Tim Scannell recommended keeping the ordinance as simple as possible. Making laws simple and clear helps people follow them, he said.
ATV Club member Vilnis Nielands said any ordinance will have violators. The ATV ordinance requires riders to be licensed and insured, he pointed out, while many other activities on roadsides are much less regulated. He has followed kids skateboarding toward town at 30 miles per hour on County Road 7. He has seen people roller skiing along the side of the road with their poles extended out beside them. People walk their dogs and push baby strollers alongside the county’s paved roads, he said.
Commissioner Sobanja said that, proportionately, he has seen a lot more unsafe ATV riding than he has unsafe car driving.
Most of these violations would be occurring whether or not the county had an ATV ordinance, Commissioner Martinson said.
“No one is more bothered to hear you say you’ve seen 10 people screw up than the ATV Club,” said Rhonda Silence.
Russell Klegstad suggested that the county prepare for multiple uses as it rebuilds county roads over the course of time. Bob Fenwick said they could include unpaved shoulders into their road designs.
The long-range goal of the ATV Club is to have trails to ride, Silence said. She recommended that signs be posted on county roads advising people to expect ATV traffic.
Grants are available for ATV signs, Sheriff Mark Falk said. He expressed concern regarding both ATV and bicycle safety along the Gunflint Trail above the golf course/ Devil Track Road corner where the shoulders narrow.
The board approved a motion amending the ordinance to allow ATVs on the shoulders of all county roads (including within Grand Marais city limits) except for the Gunflint Trail north of the golf course/Devil Track Road corner. It will be in effect for three years starting July 1, 2010, by which time the Highway Department can have some signs posted.
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