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SL Council Holds Second Reading On Proposed ATV Ordinance

November 22, 2014

(Spirit Lake)– It was standing room only Tuesday evening as the Spirit Lake city council held the second reading of a proposed ordinance that would legalize the operation of all-terrain-vehicles on city streets.

Everyone who addressed the council was in favor of the ordinance.

Police Chief Jeff Hanson has some reservations, though. He expressed concern over enforcement.

Shane Brevik is an officer of the Spirit Lake Police Department who formerly served on the Estherville police force, where such an ordinance is already in place. Brevik says while those who are pushing for the ordinance will obey it, it’s the others he’s concerned about. He told the council Estherville police had numerous complaints of ATV’s tearing up private property and city parks. Brevik says the violators were next to impossible to catch. He also cited one incident in which an ATV went through town at 87 miles-per-hour. Brevik also said Estherville police have been involved in pursuits with ATV’s which ended only because the ATV operator crashed.

ATV proponents again called on the council to make the machines legal year-round…not just the winter months as currently proposed. That drew concern from councilman Steve Balm, who’s also concerned over the enforcement issue. Balm said he’s willing to try the ordinance on a seasonal-basis at first to see how it works. He added he’s “very uncomfortable putting the responsibility on our police that we’re saying we want you to police something that we know darn well they’re not going to be able to do”.

After further discussion, a motion by councilman Jerry Harbst to waive the second and third readings and to adopt the ordinance with the seasonal language failed. Another motion to approve the second reading passed unanimously.

Prior to the third reading and possible adoption at the council’s next regular meeting in January, the matter will be referred to the city’s Public Safety Committee to look at some possible provisions that could be included. They include things such as an age limit for operators, identification, a requirement that all operators wear helmets, and limited hours during which ATV’s could be operated…among others.