Howell law may target ATV riders with fines
HOWELL - Deputy Mayor Peter Tobasco said residents have approached him to discuss problems regarding the use of all-terrain vehicles (ATV) and off-road vehicles.
With that use creating liability and quality of life concerns, the Township Council is planning to adopt an ordinance that will impose penalties on people who violate established regulations.
Members of the council discussed such an ordinance at the Oct. 3 meeting of the governing body.
Township Manager Thomas Czerniecki explained why the ordinance needs to be enacted.
"Currently, we have some regulations for regulating use, but no fines for violations of those regulations," Czerniecki said. "We don't have anything to cite [violators] with."
Chapter 198 of the Howell municipal code states that the use of these types of vehicles is prohibited on private property without the permission of the owner of the property; on township streets; on public grounds; in a manner so as to create loud, unnecessary or unusual noise so as to disturb or interfere with the peace and quiet of other persons; or in a careless, reckless or negligent manner so as to endanger or be likely to endanger the safety of any person or the property of any other person.
Howell police Sgt. Joseph Markulic, the department's traffic safety officer, said even after the placement of new "no trespassing" signs around problem areas, a violations and penalties section of the ordinance is necessary.
"I am requesting that the following amendment be added as soon as possible to make enforcement more effective," he told the council in a letter.
Markulic's recommendations for people who are found guilty of violating the ordinance include fines of up to $1,000; imprisonment for up to 90 days; and community service for up to 90 days.
About the fines, Czerniecki said, "That will put a lot of teeth behind [the regulations]."
Tobasco said the ordinance "makes perfectly good common sense."
Resident Vinny Tantillo asked the council how juvenile offenders would be handled.
"How do you fine a kid?" Tantillo asked.
Markulic's recommendations asked that offenders under the age of 18 be deemed to be juvenile delinquents and prosecuted as such, but Czerniecki was less committal on that point.
"We will work on that in the definition of the ordinance," he said.
Councilman Robert Walsh offered a final piece of advice for residents who are currently dealing with this problem.
"Landowners should call the police immediately if people are on their property," he said.
Walsh said one resident who contacted him to discuss the situation has already posted copies of the existing ATV ordinance around his property to absolve himself from any potential insurance liability.
- Larry Hlavenka Jr.
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