News - Local/State

Tuesday, Oct. 21, 2008

ATV law passes in York County

YORK — After haggling over wording and hearing concerns from several residents, the York County Council unanimously passed a law late Monday that penalizes those who ride all-terrain vehicles on others’ land.

Under the new law, anyone wanting to ride an ATV on private property must first receive written permission from the landowner. If someone is caught riding without permission, that individual could be fined from $300 to $500 or jailed for 30 days.

Along with ATV riders, the law also applies to those riding dirt bikes and in larger off-road vehicles.

Leaders contend the law is needed to protect private property. Sheriff’s Office officials have said ATV riders in western York County, particularly in the Sharon area, have caused landowners numerous headaches.

Officials say they can’t charge someone with trespassing if that person is riding on land that isn’t marked with “no trespassing” signs or if that person hasn’t been told to stay away.

The new law also allows deputies to charge both the riders and the owners of these vehicles. Authorities say that part of the ordinance holds parents accountable for kids who don’t follow the rules.

New law draw complaints

Several residents on Monday night complained that the wording of the law violated their constitutional rights by enabling sheriff’s deputies to approach ATV riders to see if they’re breaking the law.

“How can (a deputy) distinguish whether or not he should stop and ask that person for a permission slip?” asked Lanny Queen, who lives in the Bullock Creek area. “It is so unconstitutional to my rights as a property owner.”

David Blew of York said state trespassing laws are strong enough.

“Trespassing’s trespassing,” he said. “It’s sort of like what they said about putting lipstick on a pig. It’s still a pig.”

County Manager Jim Baker said that even under the new law officers must have probable cause to go onto private property, such as a complaint from a landowner about someone illegally riding on his or her land.

But leaders debated changing the law to remove the requirement for written permission.

Councilman Tom Smith contended that forcing ATV riders to have written permission every time they’re riding isn’t practical, and Chairman Buddy Motz argued that taking that mandate out would remove the teeth from the ordinance.

Ultimately, only Smith and Councilman Paul Lindemann supported dropping “written” from the law.

“I know that a lot of people are upset with this, and I’m sorry about that,” said County Councilman Joe Cox, one of the most outspoken supporters of the law. “An ATV is not a baby-sitter. I don’t expect parents to go out and buy a $4,000 piece of machinery and say, ‘Here, go play. Just don’t tear up my yard.’ And granted, that’s probably less than one to two percent. But we do have that problem.”