March 28, 2024

Bumpy ride? Not this time

Expecting debate, supervisors pass first reading of ATV/UTV ordinance with no issues

A proposed ordinance allowing regulated, recreational use of all-terrain vehicles and off-road/utility task vehicles within county lines was anticipated to rouse a long, back-and-forth discussion between citizens and Jasper County officials. The board of supervisors seemed visibly surprised Tuesday morning when this did not happen.

No one spoke in favor of the ordinance. No one spoke against it. The first reading passed with no resistance.

Looking around the crowded supervisors chambers upon opening the public hearing, board chair Denny Carpenter was met with complete silence both times when he asked if there were any guests who wished to share their comments or concerns about the ordinance. Jasper County Auditor Dennis Parrott reported no correspondences were sent to the supervisors prior to their meeting.

Supervisor Brandon Talsma told the Newton Daily News he was “shocked” to see no one speak up, but claimed the ordinance itself “is pretty reasonable,” which may explain the lack of discussion. Introduced earlier this year, the law would effectively change Jasper County’s current rules prohibiting citizens from driving ATVs and UTVs on county roads. This had previously sparked passionate debate among citizens.

“Twenty years ago only farmers had these, and nowadays we got a lot more people living in the rural areas who don’t have farmland and aren’t tied to agriculture, but they want a side-by-side or a four-wheeler and go out and enjoy the country, but it is technically illegal now,” Talsma said. “This (ordinance) would allow them to license their UTV and go on and enjoy the outdoors.”

As Talsma helped spearhead efforts to find a solution, he was also tasked with forming a committee of three opponents and three advocates of open use in order to develop a more balanced approach. However, Talsma said that idea fell through and he was only able to find one opponent of ATV/UTV use, compared to the several others in favor of the action.

Unless citizens had farm exempt status, driving ATVs and UTVs on roadways was strictly prohibited in Jasper County. To be farm exempt, there must be clear evidence of farm work or intent to work to use an off-road or all-terrain vehicle. This caused some issues, Talsma said.

“There will still be farm exempt status — I just want to be clear on that,” Talsma said. “Technically, you can’t be driving it from Sully to Gilman saying that you’re checking on a field. But you can drive from field A to a half-mile down the road to field B to scout or spray or check cattle and stuff like that.”

Kurt Kruse, a sales representative at Van Wall in Colfax for 15 years, expects the ordinance will likely boost interest and sales for ATVs and UTVs, if it is adopted. Customers who work in agriculture, he said, have been driving these vehicles for years. Currently, the UTVs seem to be more popular for customers these days, noting the vehicles’ utility as a high selling point — which may indicate that more people are using them for work rather than sport.

From the get go, the supervisors wanted to impose limits on the updated ordinance. Based on the draft included in agenda documents, the ordinance is intent on keeping operations of ATVs and UTVs on paved county roads “to an absolute minimum.” Pending certain factors, the legal distance for ATVs and UTVs to drive on paved roads should not exceed two miles, the ordinance said.

These types of vehicles — defined in great detail in the ordinance — can be driven on graveled public roads, with the exception of Level B and C roads in Jasper County. Operation of ATVs and UTVs are only permitted from official sunrise to sunset. They can only be driven on the roadway or shoulder. Driving in ditches or the area between the shoulder and ditch are prohibited.

If the ordinance is adopted, riders would only be able to drive a maximum speed of 35 mph. Driving carelessly or causing unnecessary tire squealing or simulating a race would be considered unlawful. Tires cannot unnecessarily lose contact with the ground. Driving them on snowmobile trails are prohibiting unless otherwise noted by the controlling authority and primary snowmobile trail sponsor.

From Sept. 15 to Nov. 1, a person shall not drive an ATV or UTV on county roads.

Headlights and taillights must be installed and operational at all times. Wearing a seatbelt and using proper turn signals are required. All laws that apply to motor vehicles will apply to ATVs and UTVs, including operating under the influence of alcohol, narcotics or drugs. Unless otherwise noted, ATVs and UTVs cannot be driven on designated riding areas or trails.

Drivers must be at least 18 years old and have a valid driver’s license to operate ATVs and UTVs on gravel roadways. The county prohibits operations of ATVs and UTVs “with more persons on the vehicle than it was designed to carry.” Nor can they be driven in county parks or Jasper County Conservation-owned property.

Drivers are required to keep a copy of the ATV/UTV ordinance in their possession at all times of operation.

In order to drive ATVs and UTVs on gravel roadways, citizens must obtain an identification decal from the Jasper County Recorder’s Office for an annual $30 fee — driver’s must bring with them a driver’s license, proof of ownership and proof of liability insurance with a minimum coverage of $50,000 bodily injury per person, $100,000 bodily injury per accident and $50,000 property damage.

Talsma said, “If (the ordinance) is passed, you’re going to be paying for next year’s registration and the remainder of this year will be grandfathered in to that first year of registration. So it’s not like we’re going to make you pay $30 and only get three months worth of usage out of it and then pay for it again. So the remainder of this year will be grandfathered in for that first registration.”

Decals may be revoked by the Jasper County Sheriff’s Office if operators “violated the conditions of the decal or abused the privileges of being a decal holder.” Violation of the ordinance itself will result in a simple misdemeanor punishable by a fine of $65 to $625 and/or up to 30 days in jail, plus any applicable court costs.

The Jasper County Board of Supervisors will review this ordinance one year after the law goes into effect. The supervisors expect one or two more readings of the ordinance to be considered before adopting it.

Contact Christopher Braunschweig at 641-792-3121 ext. 6560 or cbraunschweig@newtondailynews.com