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96 South Main Street, PO Box 77, Nephi, Utah 84648 - Voice: 435 623-0525 - FAX: 435 623-4735 On our front page this week May 18, 2022 |
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By Rebecca Dopp It’s not very often that a topic of discussion at Levan Town Council brings in a standing room only crowd, but that was the case at the meeting on May 11 as the subject of ATVs was on the agenda. Alan and Susan Kendall requested time on the agenda to submit a letter/petition to the town council asking for something to be done about ATVs and the nuisance they caused on the corner of 1st East and Center Street. The letter was signed by three people, the Kendalls and Ruby Bower. Bower was not present at the meeting. Kendall said the corner in question, which is southwest of 1st East and Center Street, had been used for years as a shortcut for dirt bikes and other ATVs. He said the vegetation had been worn away and a dirt trail was left behind. He claimed that when the vehicles crossed over the shortcut, usually at a high rate of speed, a dust cloud was kicked up and aggravated Bower who lives immediately to the east. “Not only does the dust coat her windows, but the influx of dirt makes opening the windows for ventilation impractical,” he said. “The dust is accompanied by the noise.” He said that these actions constitute a public nuisance under the Levan Town Code, 6.02.030, paragraph A-1. He said he would like the town to put permanent obstacles in the path of the shortcut thus preventing its use. He then read the nuisance ordinance. “This ordinance guarantees us the right of comfort, repose and the absence of an annoyance,” he stated. “This has become an annoyance particularly to Mrs. Bower. I don’t know how many other people in Levan are annoyed by the activity of some of these vehicles being operated.” Kendall said he wanted everyone to know that dust clouds and noise from the town mower, farmer’s tractors, ATVs headed to farms for work, etc. are necessary, but kids riding them for fun was not necessary. After Kendall’s comments, Mayor Bruce Rowley asked the audience for any additional comments. Monique Rowley, whose house is across the street from the Kendalls, said she would rather have her grandkids take the shortcut and be safe than ride in the center of the road. “What is annoying to you is not annoying to me,” she said. She said that the kids do need to follow the rules and not speed. She said the county sheriff offers an ATV course so the kids know what to do and parents should also teach their kids. “I would much rather have our kids on the side of the road if they can,” she said. M. Rowley said that Kendall had stopped her granddaughter in the middle of the road and told her what she couldn’t do. Rowley took offense to that action. “You call the sheriff if you have a problem,” she said. Kendall said that every interaction he’d had had been pleasant and not threatening. S. Kendall then spoke and said she was just trying to help her neighbor, Bower. She said that the corner is treated like a playground and just wanted something to be done about the dust. Cassie Richmond offered to donate some gravel to put down on the dirt trail that would mitigate the dust. She said the kids would be safe on the side of the road. “Let’s teach our kids how to be safe and responsible and hold those accountable who are not and let’s move on with our lives,” she said. John Washer said he lives on 2nd West and has a similar dirt path in front of his house. He wondered if every corner in town would need to be taken care of to mitigate any problems. “Would this set precedence and are we going to block off every setback all around the town?” he asked. He felt that it would open it up to everybody who wanted to complain. Mike Lloyd said he had a similar problem on Cemetery Road. He said that there wasn’t anywhere else for these kids to go to enjoy these recreational activities. He wondered if another area, maybe by the green dump, could be a designated area. Another resident said that it’s not just local kids creating the problem. Those who come to camp up the canyon and then ride their machines down to the convenience store also drove too fast, kicked up dust and caused a nuisance. Mayor Rowley wanted everyone to remember how they felt when they were kids and to let the kids be kids. He said that they needed to do it safely, and if there was anything they could do to mitigate the dust problem and still let the kids have fun, then he was open to hearing those suggestions. Brian Backus said he had lived in Levan for 26 years and his family had enjoyed the small-town feel. He did not want to feel harassed if he and his family made a little bit of dust and noise. Jim Huggard said he drives his mules in town and has had trouble with kids driving their ATVs around his team. He felt that the parents needed to teach their kids how to act around horses and mules. He said he didn’t want to be told that his teams were not broke enough to drive in town. The only way to do that is to drive them in town and acclimate them to the conditions, he said. He said that parents should educate their kids about the proper way to ride around teams of horses and mules. He said he had no problem stopping a kid and telling them how to act around the teams. He said in the cases where he had done that, the kids had been respectful. “I want to go on record that it’s been a problem for me and I don’t want it to be a problem,” he said. “I want the kids to have a lifestyle they deserve in this community.” Mayor Rowley asked Huggard if he’d be willing to come to the ATV class and explain to the participants how to act around the teams. “Absolutely,” Huggard said. Mayor Rowley said he’d been contacted by residents who were concerned about the kids being stopped. He asked Sheriff Doug Anderson to comment on the legalities of stopping someone. “There are two interacting statutes regarding detaining someone,” Anderson said. He said that everyone has the statutory authority to stop and detain someone for a public offense under the rules of citizen’s arrest but it has to be justified. Anything beyond the initial contact has to be justified and not seen as coercive. “A person has to have free movement,” he said. “If they don’t have free movement, you have to justify your necessity for detention.” If a resident stops someone for a safety concern—-high speed, not wearing a helmet, potential harm—-the resident can justify that. Any other reason falls into a gray area, especially with a juvenile, who may not understand the situation and their rights. He said the laws have changed over the years in regards to farm implements, and the state legislature has gone further and lightened up the rules regarding recreational uses as long as it’s set up through city ordinances. Safety guidelines set by the state still need to be adhered to. Those include helmets for those under 18, kids have to have a safety card or a driver’s license, and be under the supervision of an adult. If it’s a non-street legal vehicle it has to be off the road surface and cannot travel more than 15 mph. “The law is very clear that the state legislature allows municipalities to use prescribed routes, and all streets, for that use,” he said. “That’s under state safety guidelines. You have to stop for stop signs. If you’re tearing it up, getting on the gas, throwing rocks and dirt, that’s reckless driving and under the law is not authorized. They need to drive reasonably and prudently.” Anderson said all traffic laws need to be followed. If you are in a side-by-side, and if it comes with safety equipment, that equipment needs to be used. Kids do not need to wear helmets if they are in a side-by-side, or a Type II, because of the roll bar. If they are on a Type I ATV, a straddle-type, helmets are required. He said that the sheriff’s department enforces those safety rules by writing tickets. However, he prefers to educate instead of just writing tickets. “What’s going to keep our kids safe and help us be compliant?” he asked. “It starts in the home. Parents who are responsible to govern their kids and teach them how to drive is important. We don’t want to take the allowance away, we want to govern under proper safety guidelines and legal guidelines.” Taryn Brooks, council member, asked for Anderson to elaborate on what was legal or not when detaining a child. “If I waved down a kid and talked to them, is that considered detaining them...is that legal?” she asked. Anderson said that as long as the kid is voluntarily stopping, and there’s no perception that they are being illegally detained, it’s okay. “Maybe you’re trying to get his attention because he has a flat tire,” Anderson said. Anderson said that once a person says, “you can’t leave” or ”you’re not going anywhere,” then it becomes illegal, especially with a juvenile who cannot discern the situation. Washer said that kids cannot be punished for doing what the law requires them to do. If they are not in a street legal vehicle, they have to ride on the side of the road in the dirt. “I think the big factor is educating everybody that ATVs need to be 15 mph in town,” said Ray Evans, council member. Anderson said that only implies to non-street legal vehicles. A. Kendall asked about noise ordinances. Anderson said that noise to purposefully annoy, or is after hours pursuant to the town ordinance, goes against the ordinance. Anything during daylight hours cannot necessarily be enforced. Similar situations would include using a chainsaw during the day, tuning an engine, dogs barking, etc. State law governs emissions, visible contaminants and any alterations under vehicle safety inspection of the exhaust system, he said. “Driving down the road with your uncapped headers is against the law,” he said. “Driving down the road with a little bit louder than usual glass pack would not be because they are sold on the market and approved for safety inspection.” Jesse Richmond said that it comes down to the kids using the roads as a playground and not adhering to the rules. He said that education would take care of a lot of the problems. He asked how the rules could be enforced better. Mayor Rowley said that they would need to raise property taxes in order to pay more for sheriff deputies. Anderson said he’s doing the best he can with the resources he has. He said education was the key and he fully supported that. Mayor Rowley asked A. Kendall if gravel would be a good option and a good compromise. Kendall said that the kids would still treat it as a playground, but gravel might mitigate the dust problem. Anderson pointed out that in last year’s legislature, the age of operation for ATVs had changed from 8 and up to anyone 0-17 who could reach the pedals as long as they were under parents supervision. He thought that it only applied to areas out of the municipalities, but he would check to make sure. Mayor Rowley said that gravel would be a good option and the kids needed to be told to slow down, not drive recklessly, and to be more considerate when out enjoying themselves. He told the crowd he appreciated their comments and said that it was important to be good neighbors and work out disputes amicably and look for compromises.
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