Marion County says no to ATVs on roads

December 13, 2006

BY SUSAN LATHAM CARR
STAR-BANNER

OCALA - All-terrain vehicle riders who have become accustomed to riding on Marion County's dirt roads will be breaking the law if they do so after Jan. 1.

The Marion County Commission on Tuesday evening voted unanimously to opt out of a state law that allows ATV riders, under certain circumstances, to ride on dirt roads in the county.

Commissioner Jim Payton made the motion to adopt a resolution, effective Jan. 1, to exempt Marion County from Section 316.2123 of Florida statutes.

"Allowing unlicensed, underage people to operate motor vehicles on public roads is not acceptable in my mind," Payton said after the meeting.

ATV riders felt otherwise.

"I don't agree with it because it's taking just a little more of our rights - what we have left - it's taking them away from us," Lisa Cabana said. "I don't think it's solving the problem.Ê.Ê. The people that are already irresponsible are going to continue to be irresponsible. The only people this hurts are the people that are abiding by the law."

Cynthia Watson was pleased with the commissioners' decision.

"I thought it was something that needed to be done because they have been given a lot of opportunities, but the four-wheelers keep doing wrong," Watson said. "They don't care at all about the environment."

The state law, which went into effect on Oct. 1, creates a "niche" or loophole in laws that already existed on the books prohibiting people from riding ATVs on public roadways in the state.

The "niche" law allows an ATV to be operated on dirt roads with posted speed limits less than 35 miles an hour, provided it is daytime and the ATV is being operated by a licensed driver or a minor under the supervision of a licensed driver. The law also allows counties to opt out of the law after conducting a public hearing.

People on both sides of the issue turned out to be heard at Tuesday night's public hearing.

"They get out there and spin around and around and around," said James Morris about the ATVs on the dirt road in front of his Southeast 155th Place home. "This is getting a little ridiculous. We have to take care of the roads."

Larry Sprankel of Dunnellon also opposed the law. "They are in the retention areas," he said.

James Popp of Dunnellon said he lives on a wide, graded road.

"They come roaring down the road doing donuts," he said about ATV riders. "The drivers are young, are careless."

Others spoke about ATV riders speeding and infringing on private property, as well as operating their vehicles very late at night.

But Jerry McDonald, whose 16-year-old daughter, Jennifer, was killed earlier this year when a motorcycle rider drove head-on into the ATV on which she was riding, asked the commission to continue to allow ATV riders to ride on dirt roads.

"I think you should be able to ride four-wheelers, but there's a way to do it," McDonald said. He suggested that the county charge ATV riders $100 a year to ride and give them a license plate so that those who act irresponsibly can be reported to police.

He said the Ocala National Forest has stopped people from riding ATVs on the federal land except on newly designated trails.

"There's a way to do this," said McDonald, who lives off a dirt road and whose family owns nine ATVs. "If not, the four-wheel business is going out of business because you can't ride in the Forest now."

Greg Parsons of Citra, who is an active motorcyclist, asked the commission to support the law.

"You have people using vehicles to get from house to house, many of whom, I am sure, are doing it responsibly," Parsons said.

He said the criminal activity should not be tolerated.

Others argued the ATVs keep children out of trouble.

Diane Laflam said ATVs are a family activity. "There must be some way to enforce reasonable laws that would govern the behavior of four-wheelers and not punish all four-wheelers," Laflam said.

But the law does not give the commission the ability to modify the law, only to accept or reject it.

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