Wasilla tightens ATV rules

WASILLA — An outright ban remains off the table for now, but some rule changes for all-terrain vehicle riders within city limits were voted into effect Monday night.

The Wasilla City Council approved recommended restrictions from the city’s ATV task force, and added a few of their own. Among changes to the law adopted by a 5-1 vote:

• Hours of operation for ATVs now ends at 10 p.m.

• Operators may no longer operate with the “implied consent” of property owners.

• Children younger than 16 operating ATVs must be within 100 feet of their parents.

• Riders must have proof of liability insurance.

While dozens of riders and business owners opposed to an all out ban of the vehicles in the city limits filled council chambers last summer and fall, only public meeting fixture Eugene Haberman turned out to comment on the issue when the council passed new rules April 27.

The council closed one loophole identified by city attorney Richard Payne in testimony before the council, but at least one more remains.

“There are certain things in this ordinance that are just giant doors left open, which eviscerate it in my opinion,” Payne said.

For example, the statutes had allowed ATV riders to use “implied consent” to drive across private property. Council members removed that phrase, meaning riders must now have direct consent from property owners before crossing private property. The term was open to interpretation, meaning riders confronted over riding on private property without permission could argue consent was implied in some cases, Payne said.

“You hit the nail on the head on what people will argue,” he responded, to a question from councilwoman Gretchen O’Barr. “If you have already an area that’s been destroyed by these machines, or someone else has already done the main destroying and they want to continue the destroying, to make the mud bog bigger, that’s the implied consent: ‘Look, it’s already been driven on 120 times.’

Payne said it was better to strike the language.

“People are going to be arguing ‘Yeah, I thought you could do it because there’s a lot of marks there. Those weren’t me. I didn’t do those,’” he said.

The council agreed, striking the implied consent language on a 5-1 vote. Council members did not change another portion pertaining to licensing that defers to state law and essentially renders the license requirement null. State registration is required to operate a snowmachine, which may include certain types of low-tire-pressure ATV’s, but does not presently include ATVs, according to state Department of Public Safety pamphlets on the issue. ATVs may not be driven on roadways, but may be driven on rights of way, according to the pamphlets.

Other broad restrictions adopted Monday include driving in a “careless, reckless, or negligent manner so as to endanger the person or property of another, or to cause injury or damage to such person or property.”

The bottom line is that broad provisions in the code will prove difficult or impossible to enforce, Payne said.

“Normally, I’d just let the legislative process work, but I just don’t see how this is a very enforceable ordinance at this juncture,” he said.

Council members largely echoed sentiments expressed by task force members, saying an ATV ban would be likely at some point in the future.

“Eventually, it probably will be banned, but at this time … we’re not ready for that,” said Mayor Bert Cottle.

Councilman Stu Graham welcomed what he saw as a new emphasis on safety.

“The density within the city limits is growing, and density within the 1- or 2-mile band around the city is growing as well,” he said.

“With that increased density, I think we need to have a little more emphasis on safety,” Graham added.

Deputy Mayor A. Clark Buswell cast the lone dissenting vote against the new measures, saying they would actually increase the burden on police.

“I think anything we do at this point is just going to open it up, and the chief’s gonna be busy for two or three months at least, trying to get people back on this plan,” he said. “I think if we left it alone, in a few more years, you could probably ban it. In a few more years you’re going to have to ban it anyway.”

In other business

The city council voted 4-2 to enact the submitted city 2016 budget with a few minor amendments. This year will continue the recent Wasilla trend of budgets without a property tax levy. Wasilla primarily funds itself through the use of sales tax revenues, which account for 71 percent of the city’s revenues.

Overall, the city will spend about $410,000 more than it anticipates in revenue, leaving a total fund balance of $23,854,763. Of that amount, more than half, about $12 million, will remain in the city’s general fund.

Officials anticipate the Curtis D. Menard Memorial Sports Complex will operate at about a $600,000 deficit this year. However, the combined enterprise funds — including the complex — should finish the year $16,000 in the black, city budget figures show.

Contact Brian O’Connor at 352-2269, brian.oconnor@frontiersman.com, or on Twitter @reporterbriano.