By Clark Natalie

Repitious riding of an ATV that wears down a specific area will not be considered the creation of a "track" in the city of Harris.

Another workshop on the proposed ordinance to regulate ATV operations in the city of Harris was held Monday, Aug. 13 to deal with the issue of ATV tracks. The work done prior on the ordinance dealt with the use of ATVs on private property and public areas. Those proposed changes were not changed.

Those who have been working on the ordinance include the City Council members and four members of the community. Theresa Bloomquist, Tammy Lewis and Wally Heigelberger were on hand, Karla Waletzko was not.

The first issue was the definition of what an ATV track is. As defined, it would cover tracks which were constructed for ATV use along with changes in contour of landscape caused by repetitive use.

Members of the workshop felt that by defining a track as being created by repetitive use would cause any citizen who owned an ATV that drove it consistently on their own property sufficient to wear down the vegetation to expose the dirt or sand would have created a track and be subject to setbacks of the ordinance. As this was not the intent of the restrictions on tracks, the definition was changed.

The amendment restricts tracks that are created by physically changing the original contours of the land to create the track. Repetitious riding in one area will not constitute a track under the proposed ordinance.

Other restrictions on ATV tracks are a 300-foot distance from the track to a residential dwelling or livestock shelter. Also, a 50-foot minimum setback from the property line. This is greater than the setback established by the ordinance for casual or occasional use of ATVs on private property, which is 30 feet.

After the workshop was completed, the Council then went into a continuance of the public hearing on the issue. One of the first issues was the status of existing tracks. Would they be grandfathered in, if the tracks are presently established and in use? Various homeowners have trails on their property that they travel on which could be viewed as tracks under the revised definition. Would the setbacks have to be met?

The Council chose not to grandfather any tracks, as the inability of neighbors to negotiate and work out differences was why the ordinance was being created. Mayor Smisson said that with the existing tracks, negotiations had been conducted between track owners and neighbors last summer. Mediators had been brought in. Rules established. Neither the track owners or neighbors felt this had changed the situation. Smisson further stated that when neighbors' property rights infringe on others' property rights, it is necessary for government to step in. It is time for the city to deal with this nuisance issue, he said.

Other comments from the public were concerned with the future. The present tracks were establish under the ordinances in effect at the time the tracks were created.

The question was proposed to the council that if a resident purchased land now and constructed a track according to the guidelines set by the new ordinance, if the neighbors complained then, would the laws then be changed again?

Mayor Smisson could make no predictions on how future Councils would deal with the issue.

Upon the close of the public hearing, the Council went into regular session, where one of the items on the agenda was the ATV ordinance.

John Pelant expressed concern about having the penalty be a misdemeanor, which would go on a resident's record. City Attorney Peter Grundhoefer said that the way the ordinance is presently written, in addition to a tag penalty of a misdemeanor, the council could also deal with the ATV problem as a civil matter.

This would be more time consuming and expensive but could be done.

Pelant was also concerned about what the kids would do without the tracks. The entertainment opportunities in Harris are limited.

With all of the concerns that were discussed, the council did approve the ordinance and will become effective after publication.

In other issues, the council approved an outdoor event at Big Daddy's on Sept.15. Jill Novalany explained that they will have an outdoor area which will be outlined and restricted by an orange construction fence. In this area, there will be alcohol served along with games and a DJ. Novalany said that the music will be not be loud. Also, the event will start at noon and will move inside at 8 p.m., as they have a band scheduled for that day. Novalany said that the event had been discussed with the two neighbors that it will effect the most, and they have stated they have no problem with the proposed event.

Novalany said that to get into the fenced in area, people will have to enter directly into Big Daddys where they will be carded and issued a wrist band.

Although other items were on the agenda, the Council meeting was terminated early due to a tornado warning being issued for the Harris area.