ATV Florida Forum

Today Putnam opted out of the new law. I already sent a letter to the local paper. Opinions on the letter?
Sorry about the lenght. She wrote back he was forwarding to her editor.

Dear Ms. Bryant,
 
  I attended the hearing today for the new atv law. The board of commisioners unanimuosly voted it down. I'm not sure why they even had a hearing, they aready had their minds made up without the thoughts of the mojarity of citizens, just a select group. Most of the citizens who attended the hearing did oppose the law, they were also older and most were retired. The ones like myself who were for the law were younger. The hearing date was misprinted in the paper, I only found out of the correct date by your response to my email. I find it conveinent that the hearing was held at a time that the people who are in favor of the new law were unable to attend, I know this because everyone I talk to said they could not attend due to work, only one person was able to attend whom I talk with. It the board of commisioners wants a true citizen response they should set a hearing that larger group of people may attend. Some people may be afraid to say what they truely want fearing what others may say, myself on the other hand will speak my mind, thats a freedom we have in this country.
  The majority of concerns fell into the catagory of atv's racing up and down the streets. The other concerns were kids and some adults riding around improperly: not wearing the proper saftey gear, riding with passengers, tearing up the roads and tresspassing on private propery. While these are vaild concerns, these concerns have been here long before the law ever came about. This new law did not create them, but by opposing it they force the responsible citizen to break the law when they are acting within a responsible manner. Atfer the meeting I was speaking to a couple who told me they were not concerned with the "responsible person" but the person who is being wreckless.
  I agree completely on the issue of kids riding wrecklessly on atv's. Even in accordance with the new law, they would still be breaking the law, no adult supervision. This would fall on the parents, who should be held 100% responisible for any and all laws broken. My little brother is 14yrs old and rides atv's, he does not get on without his saftey gear, helmet, boots, etc. He does not race it up and down the road. We taught him from day 1 responsibilty on an atv or he does not ride. I myself also wear the correct gear and do not race up and down the roads. It is hard to enforce a helmet law for adults when there is a no helmet law in Fl. but minors are required to wear helmets even on a bicycle. The new law does not allow minors to operate an atv in this manner, so how can this be a concern for the new law.
  The other concern was people coming in from surrounding counties and riding in Putnam. These people are aready riding within the county limits, their coming hear to ride is not to ride down our streets under 35mph, but to ride in the open areas of land theat is not developed like the cities they come from. The cencerns voice by many were "kids" racing around the streets. By people stating that if this law were to go into effect, we would see people come from all over to ride in Putnam in ludicris. People traveling 30-50 miles to ride are not cocerned with riding down a road, they want to go to a place were they can do more than putt down the road, they want to be able to get muddy, ride fast and not worry about cars coming down the road. If you could stop every person riding wrecklessly on our streets you would find that they are from Putnam county. The new atv law states an atv can be operated on unpaved roads, people coming here from other counties come to ride in the Ocala National Forest, the Mondex and and other areas atv's frequent not the public roads, this is not a valid concern.
  The concern of the roads was addressed by all. Yes the road coniditons are poor in many areas for many reason and the county does the best they can with what resouces they have. All who opposed the law mentioned how the atv's were the cause were the large cause of this, a few addressed the maintainance issue. Yes atv's can tear up roads, when ridden in a agressive manner. When ridden in accordance to the new law they would cause no more if any damage than a vehicle 3-4 times its size and weight. I have witnessed many vehicles speeding and driving carelessly do more damage than an atv. The Sheriff's dept. stated that the speed limit on the dirt roads that have NO posted limit is 30mph, 5mph under the law. How many vehicles travel at the speed limit on these roads? The larger roads where the speed limit is over 35mph, atv's are not permitted. If the atv's are operated within the law there will be little if any additional road damage. The people causing raod damage would not be operating under the new law, in which they would still be breaking the law. This concern is also not validated.
  The concern of atv's tresspassing on private property could be valid. The concerns I heard today were of atv's riding onto peoples place of residence, wether they were on a small lot or few acres, this is illegal and there is absolutly no excuse for this. There were a few concrens of atv's riding in areas that had no developing, no houses on them, while this is still illegal, there is very few places for people to ride. Most people feel the need to ride, they ride in an area off public roads away from traffic and person's homes. Would you rather they due worst things such as drugs? The new atv law does not give permission for anyone to ride on private property, the person's doing this would again still be breaking the law. So how can the new law permit this, it may reduce it by giving people an alternative place to ride.
  A concern be all was on how would the Sheriff's dept would respond to calls on atv's breaking the law. The Sheriff's dept stated in the paper they recieved approx. 200 calls on atv's last month. How many of these calls where for atv's tresspassing, atcually tearing up the road, and kids riding unsupervised? How many where people calling to just report someone riding down the road that would fall within the limits of the law? Tresspassing, doing "dough nuts" riding wrecklessly and small kid are easy for most to notice, and are illegal even under the new law. Speeding would be hard to judge for most people, smaller objects appear faster, police officers go through extessive training for this, the common citizen does not. The Sheriff's dept. will determine what calls must take priority, a good Sheriff can handle, it is not an easy task. Yes the Sheriffs Dept. is short handed, but they are not the only policing agency in the county. I once asked Sheriff Kelley at a "your Sheriff's office" meeting in Interlachen about the atv problem, he told me that his concern was not the person riding down the street, but the person causing problems. Why is he so concerned about the people who would abide by the new law, the person(s) responsible for the breaking the law are who needs to be concerned with, they are doing right now. I also had a couple who apposed the law at the hearing tell me the same thing.
  Commisioner Linda Myers stated "Legislature was think of much larger counties/cities when they passed this law". This law does have little effect in these areas. I am from Miami, in Miami-Dade County there are few dirt roads and few places to ride. They will not see thousnds of atv's flood the few miles of dirt roads. There are a few small undeveloped areas which atv's rides, yes it is private property and they do get run off by the police from time to time. Miami-Dade knows there is no where for them to ride and has been working on finding a solution. Commisioner Myers aslo stated " these are minor connector dirt roads with many cars on them" please define "many cars", minor connector dirt roads are not heavily traveled. In Grandin Lake Shores or Interlachen Lake Estates they can be heavily traveled. She aslo stated people use these roads to get to and from work. If people are at work, who is riding the atv's? If its "kids" then they are breaking the law and the parents should be held accountible. That claim is also dumb founded.
  There are places in Fl. that have been designated for off-road use, there are also many motocross tracks in Fl. deisgned for atv's, some privately owned ans some publicly. The closet ones that I am aware of are in Bunnell and Waldo, these places are privately owned. I have been to the Bunnell track, these tracks are designed for racing and are not for the average rider. I heard how Putnam county has a large amount of public land, If they wanted to opt out of the law, open up the public land for use, give the people somthing. Why keep taking?
  I agree law the was not written best it could have. People currently break atv laws according to the concerns addressed at the hearing would still be breaking the law if Putnam did not opt out. the law was not designed to allow a small group to run ramped, but to allow the majority to enjoy themselves. One person stated "these are toys and do not belong on the road" they are not toys and do not belong on paved roads, if operated within the law are safe for dirt roads. By the board of commisioners opting out of this law, they have NOT stopped peoples concerns, but force many who would abide by the law to break it now. If they were to opt in they may have reduced some. We may never know now due to oneway thinking.
 
Sincerly,
Tim Williams
 
I would like to see this letter in the paper. I know its long, but I have many friends who feel the same way. I am open for any type of interview. I will be forwarding this to my friends and try to get it circulated to the best of my ability
 Thank you.

State ATV law toppled by county; very poorly written law to start with, says the sheriff
 By DeShayla Bryant

 
 
PALATKA — Putnam County commissioners approved an ordinance on Tuesday that will opt the county out of a new state law to allow all-terrain vehicles to operate on unpaved roads.

The ordinance was requested by the Putnam County Sheriff’s Office and will allow for the law to continue as it presently exists. It states that ATVs cannot operate on any public road. They may only operate on private land or designated public land where legally allowed.

If the county had not opted out, the law would have taken effect Oct. 1.

“It’s just not a safe thing,” said Sheriff Dean Kelly. “It was a very poorly written law to begin with. It is suggesting a 16-year-old could supervise those under 16.”

Putnam residents filled the commissioners’ board room to speak for or against the new law at the 2:30 p.m. public hearing.

 
“It doesn’t fit well with Putnam and it’s a burden to the sheriff’s department,” said Commissioner Nancy Harris.

Proponents said the county should adopt the new law because there are some who ride responsibly and the children in the county need recreation.

“We have 1,200 miles of dirt road in the county. We’d like to be able to use them,” said Jim Reed of Palatka. “You shouldn’t assume someone is going to be bad.”

Opponents said ATVs are dangerous and are ruining roads.

Commissioner Kevin Durscher said there are kids that are maimed or dead from ATV accidents.

 
 
“Not only do they go fast, but they make doughnuts in the road the day after a grader goes through,” said Amien Joseph. “We see 10-year-olds riding these things. I’m beginning to question the intelligence of our legislators.”

Commission Chairwoman Linda Myers said legislators were likely representing larger counties with the more paved roads. She said they did not have the understanding for a county with the amount of paved roads Putnam has.

“There’s nothing for us to do out there,” said Mindy Nolan, a proponent of the new law. “Would you rather us do drugs or ride four-wheelers? You can get in accidents in a car or with a motorcycle. What’s the difference?”

“We can’t govern responsibility and there will be a cost if we decide not to opt out,” said Commissioner Brad Purcell.

Others in favor of the law suggested a large fine be imposed if children are riding unresponsibly and without helments.

“We realize there are responsible drivers. That’s not the question,” said Myers. “The question is, ‘Is this an appropriate use of our roadways? Neighbors don’t mind you driving. What they mind is recklessness.”

Commissioners agreed that children need more recreation, but said they could not support the new law.

“We have to provide recreation,” said Commissioner Hermon Somers. “But I think you young people see that we have no choice but to opt out. There is nothing for young people to do in this county, and we have to come up with something to compete with the Mondex.”

dbryant@palatkadailynews.com

This law would do nothing but HELP, there's nothing wrong with it, all it is doing is allowing us to ride an ATV on a dirt road under 35mph driving in a safe manner, the cops would still be allowed to stop people that were riding in an unsafe manner or too young. I hate when people (especially Officers) lie about their reasons to justify their position.