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Everyone, Here is the lastest action by the Scott County Commission at their July 20th meeting. Please contact your local Gov. and State Reps to let them know you are in support of the action taken by the Scott County commission, we need all the support we can get. This is our right to ride being challenged, please voice your support if you are an ATV rider.
Change sought in State ATV Law
HUNTSVILLE — July 20, 2009 Scott County Commission has petitioned the Tennessee General Assembly to amend state law to allow the operation of All Terrain Vehicles on public roads under the jurisdiction of local governments.
That action came in the form of a resolution adopted Monday night by an 11-2 vote during the Commission’s regular monthly meeting.
Casting no votes on the resolution were second district Commissioner Leonard Bertram and sixth district Commissioner Ron Blevins, who said he could not support such a measure until ATVs met on-road specifications and were licensed. Fourth district Commissioner Alan Reed was absent from the meeting.
The resolution contains an alternative request in the event that the General Assembly fails to consider changing the state law, and that is a request that a private act specific to Scott County be adopted giving the local governing bodies such authority.
The Commission did not take action on a recommendation of its Community Development Committee to adopt provisions of a Town of Huntsville ordinance which allows ATVs on city streets with strict guidelines as to safety-related issues.
That action was not taken apparently as a result of County Attorney John Beaty’s warning that such action would be illegal, as well as subject the county to liability in the event of accidental deaths or injuries resulting for the use of ATVs on county roads.
The resolution approved Monday night argues that “other states have adopted laws which permit the limited use or licensing of off-highway vehicles on public roads; “ that ATV use “has become a very popular form of recreation” here and elsewhere across the state; that Scott County is an “ideal location for recreational off-road riding” due to its scenery and mountainous terrain, and that it has the “support of local businesses” and will “bolster the local economy.”
The Board of County Commissioners and a large segment of its citizens, the resolution says, “believe that the adoption of state laws which would permit off-highway vehicles on public roads under the jurisdiction of local governments would promote tourism in Scott County, create private sector jobs, and help a struggling local economy.”
The resolution directs Scott County Mayor Rick Keeton to provide copies of the Commission’s request to State Representative Les Winningham and State Senator Ken Yager, “respectfully requesting them to sponsor this proposed legislation.” The mayor is also being asked to send copies of the resolution to other Tennessee counties soliciting their support for the legislation.
Mayor Keeton informed the commissioners that the resolution would be sent to Nashville, but that it would be January 2010 before the General Assembly reconvenes to consider it.
In a related development, the Commissioners voted to put to public record a petition from residents of the Brimstone and Bull Creek areas of the county expressing their opposition to “singling out roads in their area to allow ATVs to travel.” The petition will be made a part of the Commission’s official minutes, at the request of the Community Development Committee.
In yet another related issue, the Commission voted to put to public record a letter from local attorney Sid Seals, a resident of the Meadow Creek subdivision in Oneida, in opposition to allowing ATVs to operate on county roads
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