HC Supervisors to draft ATV/UTV Ordinance

Supervisors gave Henry County Attorney Darin Stater the go-ahead to draft an ATV/UTV Ordinance for the county.

During a Board of Supervisors meeting on Thursday, April 25, supervisors asked Stater's opinion about the ordinance and if the county would be liable in the event of an accident.

'Liability-wise, as long as you're doing (the ordinance) legally and you're not being careless or reckless, it's the same as any other ordinance,” Stater said.

Supervisors began considering creating an ordinance to allow ATVs and UTVs on secondary roads after Brett Johnson, of Mt. Pleasant, brought the issue to their attention during a meeting on March 28.

On Thursday, April 18, they held a public hearing where approximately 50 Henry County residents made an appearance and voiced their support or concern for an ordinance. Only three residents raised their hand when they were asked if they were against the ordinance.

'It sounds like the feedback was largely positive,” Stater said of the public hearing. 'It's probably something we should look at. We'll take other county ordinances as a framework and put something together, use that as a jumping-off spot.”

Currently, Henry County abides by the Iowa Code, which does not allow ATV or UTV use on secondary roads. Counties, however, can create their own ordinance allowing ATV and UTV use. Farmers are able to use ATVs or UTVs on their property for work purposes with a valid driver's license.

All counties surrounding Henry County have some time of ATV/UTV Ordinance.

Dan Henderson, officer with the Iowa Department of Natural Resources, said he doesn't think an ordinance would change much for law enforcement. In fact, Henderson said an ordinance would give law enforcement better leverage to enforce the law if someone were driving recklessly on an ATV or UTV.

Supervisors also discussed having a curfew for ATV and UTV riders, whether sunup to sundown or setting a time frame.

Supervisor Gary See said he wants to make sure the ordinance they ultimately vote on is something the county attorney can work with and the sheriff and deputies can write tickets for.

'We're going down that road. We're going to do something,” See said as far as whether or not an ordinance will be created.

'We want something,” Supervisor Marc Lindeen added.

If supervisors do approve an ATV/UTV Ordinance, there will be three readings before it passes.