County takes first step to ban ATVs from road ditches

By Scott Aust, Journal Staff Writer | Wednesday, August 23, 2006

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RAPID CITY — Pennington County gave initial approval Tuesday to an ordinance that would ban off-road vehicles from motoring through ditches along designated county highways.

A new state law that went into effect July 1 gave counties the right to control all-terrain and off-road vehicle use on county roads and rights of way. ATVs used for legitimate agriculture purposes or service uses would be exempt.

“With that authority, you can prohibit all off-road use in every ditch, or you can select and choose those areas you’d like to prohibit,” assistant states attorney Jay Alderman said.

The ordinance’s goal is to keep off-road vehicles out of ditches, where they sometimes cause problems with dust, erosion, noise and safety.

Alderman said there are exceptions included for ATVs being used as part of an agriculture operation and for utility service vehicles.

“Other than that, you have carte blanche authority to restrict and prohibit off-road vehicle use,” he said. “The expensive requirement would be that the beginning and ending point of every restricted section of ditch has to be properly signed, and every intersection between the beginning and ending point has to be signed.”

At this point, the county has not identified any roads or road sections on which to adopt the ban.

“If we pass the ordinance, it may never get used, but at least a vehicle would be there to use it if we have to,” Commissioner Jim Kjerstad said.

If a ban was later deemed necessary along a particular stretch, the county could pass a resolution to enact the prohibition.

Licensed off-road vehicles can operate on county highways, according to administrative assistant Ron Buskerud. However, those licensed vehicles would not be able to operate in ditches if the ordinance is approved.

No one from the public commented during Tuesday’s meeting.

An ordinance requires two votes before going into effect. The commission voted 4-1 to approve first reading and scheduled the second reading for Tuesday, Sept. 5. Commissioner Mark Kirkeby voted no.

Contact Scott Aust at 394-8415 or scott.aust@rapidcityjournal.com