Henry County supervisors reconsidering decision on ATV/UTV ordinance

MT. PLEASANT - Henry County Supervisors decided not to adopt an ordinance in favor of an ATV/UTV ordinance in the county but are reconsidering their decision.

At their meeting on Tuesday, Sept. 10, the supervisors did not adopt a proposed ordinance that would allow for ATV/UTV owners to operate their vehicles on county roads. On Tuesday, Sept. 17, a group of about 20 came to the meeting to express their support of an ordinance.

As a result, the supervisors asked county insurance agent, Mike Vens of Gamrath - Doyle - Vens Insurance, Inc., to attend. Vens is the local insurance agent on behalf of the Iowa Communities Assurance Pool (ICAP). ICAP is responsible for the coverage of the county's liability insurance.

Vens said the county would be charged an additional $1,000 a year for insurance should they choose to adopt the ordinance. He said the reason for the additional charge is because municipalities are seeing claims related to the ordinance.

However, he surmised the municipalities may not be seeing lawsuits come of these. Otherwise the fee would be much higher, he said. Vens said he thought the reason was because the Iowa Code helps protect local entities from such lawsuits.

Vens said according to the code, if a municipality maintains the roadway to the best of it's ability, it cannot be sued in case of an accident on said roadway. The entities are given specific immunities in these situations because the entities are the ones maintaining and providing the roadways.

'I think you have a lot of protection under the Iowa Code is the long of the short of it,” he said.

Supervisor Chair Greg Moeller said he had concern that if the ordinance was enacted, the county could be sued in case of an accident. The vehicles are meant for off road purposes, he said. By allowing them on county roads, he was concerned there would be a loophole for manufacturers to blame the local entity in case of a lawsuit. No action was taken.