ATV problems still reported, but have lessened
Problems with all-terrain vehicles (ATVs) have decreased in the county, said Morgan County Sheriff Vince Shambaugh. However, there were
still issues with ATVs, more so in the western end of the county,
he said.
Sheriff’s department patrols, surprise surveillance, portable cameras, impounding ATVs and educating the public have significantly curbed ATV problems from where they were a few years ago, Shambaugh thought.
Shambaugh said that ATVs were still being driven on county roads. If caught, drivers would be cited and their ATVs impounded, he said. Some riders were also not wearing helmets and protective gear.
ATV fatalities, injuries
There have been several fatalities from ATVs in Morgan County in the last few years, Shambaugh said. A Valley High subdivision man wrecked his ATV last summer while he was riding on a state road. The man died from his injuries a couple of weeks later, Shambaugh said.
War Memorial Hospital emergency room nurses reported a slight increase in ATV injuries, but nothing significant, said Lyn Goodwin, hospital community relations director.
A West Virginia Bureau of Health and the Division of Criminal Justice report stated that around 45 people are killed per year statewide from ATV accidents.
Most ATV fatalities are caused by not wearing a helmet. The largest number of injuries from ATV accidents is in ages 10-19.
Nearly one-third of all ATV-related deaths and emergency room visits involve children, according to the U.S. Product Safety Commission.
ATV ordinance
Shambaugh reminded residents that there is a county ATV ordinance. Residents can ride ATVs on their own property, but they must stay off county roads, Shambaugh said.
The Town of Bath and the Town of Paw Paw have similar ATV ordinances, he said.
The Morgan County ATV Ordinance ATVs says that it is unlawful to operate an ATV on any public road or highway in the county, whether or not that road has a center line. The ordinance has been in effect since August, 2004.
Anyone violating the ordinance shall be guilty of a misdemeanor and can be fined up to $100 per violation upon conviction.
ATV drivers and passengers under 18 are also required by the ordinance to wear safety helmets, Shambaugh said. Anyone that permits a child under 18 to drive or ride an ATV without a safety helmet is guilty of a misdemeanor.
Fines for a first offense are $100, $200 for a second offense and $500 for a third or subsequent offense.
Court costs will also be charged in addition to the fines. At times, ATVs are also impounded, he said.
Ordinance exemptions
The ATV ordinance exempts use of ATVs for lawful, non-recreational commercial purposes that include farm use, timbering, surveying, oil and gas operations and public utilities access.
Those claiming an exemption must provide evidence that their ATV is being used for lawful, non-recreational commercial purposes.
Modified ATV mufflers
Modified ATV mufflers will also result in citations and fines will also result in a citation and fines for improper equipment and violating the Morgan County Noise Ordinance.
Under the noise ordinance, it is unlawful to operate ATVs or other motorized vehicles at noise levels exceeding 65 decibels at any time of the day or night, either intermittently or for 30 minutes or more. The noise ordinance was effective May 1, 2007.
Fines are from $50 to $300 for the first offense. A second or subsequent violation is a fine of $150 to $500.
Safety
Besides wearing safety helmets, Shambaugh said eye protection, riding age-appropriate ATVs and taking an ATV safety course were important.
Some ATV accidents have involved drugs and/or alcohol, Shambaugh said.
“You can be arrested for DUI on a four-wheeler,” he noted.
Shambaugh felt the biggest problem was that people buy ATVs that don’t have land or access to land to ride them. They may have only an acre or half- acre of ground.
Shambaugh said the ATV ordinance was six years old. Ignorance of the law was not a factor.
“Everyone knows they’re not supposed to be on the road,” Shambaugh said.
