Thursday, July 05, 2007
After hearing opposition from landowners, Currituck's commissioners are having second thoughts about new restrictions on all-terrain vehicles and dirt bikes.
The Board of Commissioners voted 4-1 in June in favor of an ordinance that would make it unlawful for residents to operate an ATV or motorized dirt bike within 300 yards of a home without written consent from the homeowner. Since the vote was not unanimous — Commissioner Ernie Bowden cast the lone dissenting vote —the commissioners were required to address the issue in a second hearing, which was held Monday night. At the second hearing, the commissioners agreed to send the ordinance back to County Attorney Ike McRee for revisions that reflected many of the concerns commissioners had heard.
The commissioners voted unanimously for McRee to retool the ordinance so that it was clear that it was "complaint driven" and included the off road area. It is likely to be voted on in a second and final reading at the commissioners' next meeting, Monday, July 16.
"I'm sure all board members have received about half a dozen phone calls about this ordinance concerned about the enforcement by (Sheriff Susan Johnson) and the sheriff talked to me at length a few days ago about it," board chairman Barry Nelms said. "She indicated her main problem with (ATVs) was in subdivisions, not in open farm land or large parcels of land. There was also a concern about the 300 yard distance being excessive."
Nelms said some landowners were concerned they wouldn't be able to access their properties on their ATVs without getting into trouble with their neighbors. Commissioner Owen Etheridge said he favored limiting the restriction to subdivisions.
However, County Manager Dan Scanlon said the county had received complaints from subdivisions that backed onto farm land.
Gene Gregory, vice chairman of the board, said the restrictions should still apply to farm land, but the restriction on ATVs should be cut to from 300 yards to 200 yards from a home.
"You want to keep this noise, dust, dirt and racket away from people," Gregory said. "We have a tremendous problem in this county outside the subdivisions."
But Nelms said Johnson had told him "90 percent" of the problem was in subdivisions.
The commissioners also requested that McRee remove from the ordinance an exception for the off road areas of Carova Beach and Swan Beach. The ordinance may be extended to subdivisions in the off road area.
Bowden, who lives in Carova, said ATVs had become a "nuisance" and were "life threatening" in the Carova area. He said that over the last two weeks a 51-year-old woman had been airlifted to a hospital after suffering back injuries in an ATV accident. A 32-year-old man also had suffered a broken shoulder, Bowden said.
(Contact David Macaulay at
dmacaulay@coxnc.com)