This quiet, drizzly afternoon on the west side of Lake Herman was interrupted by the bothersome drone of four-wheelers. Now we hear ATVs and dirt bikes out here all the time, along with the more practical sounds of lawn mowers and grain dryers. Lately one of our neighbors has been practicing his airplane take-offs and landings in a pasture. Such noises come with living in the increasingly crowded country.
Now this writer prefers not to burn up gasoline for recreational purposes, and given the Zaniya Project's emphasis on personal wellness, maybe we should urge more people to park their gas motors and pedal and paddle their way around the great outdoors. But far be it from the Madville Times to deny anyone the pleasure of driving their bigger, fancier toys around the neighborhood...
...at least until they start violating state law. The kids out four-wheeling this afternoon weren't just tearing up and down the gravel roads; they decided to cut a path around the Game Fish and Parks land by the boat ramp. With the ground wet from around an inch of rain this weekend, those big knobby tires can more easily tear up the turf, as you can see in these photos.
Hike and bike all you want, but if you're doing damage to publicly owned park land, well, you've got a visit from law enforcement coming. Of course, finding law enforcement in Lake County on this dreary Sunday is
a little tough. A call to Lake County's fearless conservation officer Brandon Gust reached a machine announcing he's out of town. A call to Lake County dispatch elicited a suggestion that someone might be out to take a look. A second call to Lake County dispatch a half-hour later said someone had been out and seen nothing. The watch from this window suggested otherwise (although I was away changing a diaper part of that time).A Lake County deputy did roll out this way a little later. According to this official, riding ATVs is illegal only if something has been "published" to that effect. Upon a reminder that the deputy
might have been thinking of the new but thus-far unenforced county ordinance on ATV use and that state park land might actually fall under other regulations, the deputy said he'd have to check with the game warden.The deputy did make a stop in a nearby driveway where sat parked an ATV or two (and probably some muddy boys, too). Meanwhile, this resident decided to check statute. The deputy probably didn't have blog posts in mind when he said "published", but...:
32-20-12. Off-road vehicles--Operation on certain lands as misdemeanor -- Registration -- Title certificate. No person may operate on a public street or highway an off-road vehicle except for crossing from one side of the road to the other. A person twelve years of age or older may operate an off-road vehicle in a highway ditch if the vehicle is operated as close as possible to the outer edge of the highway right-of-way. However, no person may operate an off-road vehicle in a highway ditch along the interstate highway system, or operate an off-road vehicle on any lands owned, leased, or controlled by the Department of Game, Fish and Parks, or any highway ditch located within, except on a designated off-road vehicle area or designated trail, or operate an off-road vehicle in a highway ditch that is designated as part of the state snowmobile trails system pursuant to chapter 41-19 or a public bike trail. A violation of this section is a Class 2 misdemeanor....
Hm. Statute doesn't say anything about having to publish anything. It's just illegal to ride on GF&P land, anywhere, anytime.
ATVs are good fun -- this writer cruised around on an old Rupp three-wheeler himself when he was little. But riders have to respect public lands. They have to respect natural habitat. And if nothing else, they have to respect the law.
Perhaps one of the problems is a little-known glitch between our South Dakota Codified Law and the fact that South Dakota is one of only a handful of states in the US that allows four-wheelers to become licensed for street use if they have a rear view mirror, horn, license plate and maybe a couple of other safety items, which negates the off-road portion of the law you quoted. No longer is it an off-road vehicle once it is licensed for street use. It basically becomes treated like a vehicle or motorcycle, with insurance required. That's why you see four-wheelers at Johnson's Point, Walker's Point and perhaps at Lake Herman State Park. They are licensed or they are illegal. The other conflict is finding insurance to cover off-road vehicle use on city streets. Most off-road insurers do not cover street use except for crossing roads (similar to SDCL rules). Most people don't realize that if they have an accident on a street, they may not be coverage.
ReplyDeleteCan you point to the statute or case law on which that glitch is based? SDCL 32-20-1 offers the following definition of "off-road vehicle":
ReplyDelete"any self-propelled, two or more wheeled vehicle designed primarily to be operated on land other than a highway and includes, but is not limited to, all terrain vehicles, dune buggies and any vehicle whose manufacturer's statement of origin (MSO) or manufacturer's certificate of origin (MCO) states that the vehicle is not for highway use. Off-road vehicle does not include a farm vehicle as defined in § 32-3-2.4."
There it is -- "all terrain vehicles." I'm not seeing room for the glitch there. GF&P has regs permitting ATVs and other such toys on the roads within state parks, but SDCL 30-20-12 pretty clearly bans their use on the open prairie. However, I'm getting my degree in computers, not law, so I stand open to correction!
Having spoken to the county Sheriff on this subject we were told that a boat ramp, road to boat ramp is public! The Game, Fish and Parks area is protected! No motorized vehicles allowed on the grassland. Therefore, anyone riding a 4 wheeler to the boat ramp, etc. must be licensed to drive or it is considered illegal. Anyone under the legal driving age without a license may be ticketed and charged. In town I believe it would be called exhibition driving (when they do there circles throwing gravel, etc.) and definitely ticketed. We have watched the road maintenance crew come and add gravel to the ramp area, spend hours getting it prepared and really in great shape. By the evening it had been torn up and deep ruts put in it so that when it rains it makes extremely deep cuts in the area. Area residents have repaired the damage themselves (not the 4-wheeler ATV drivers). I don't begrudge anyone having fun but there is a law and it needs to be respected by the riders - and the parents of the kids driving.
ReplyDeleteConfirmation from Conservation Officer Brandon Gust: ATVs off trail are indeed illegal. You can ride down to the boat ramp, but keep your vehicles off the grass.
ReplyDeleteWhy would 4-wheelers have any more respect for GF&P land, than they do for private property. A great many of them seem to think there are no restrictions on where they ride. We have been told that we need a fence and no trespassing signs every few feet to keep them off our property! Otherwise they can legally claim they did not know they shouldn't be there! And some of these people have been well into their thirty's, not just teenaged kids!
ReplyDelete(Sorry, you have hit a pet peeve of mine.)
I would take it by the talk that you are a neighbor to the problem. Prior to this have you tried to talk to the neighbor. I am somebody that also lives around Lake Herman, and also don't like the fact that 4-weheelers drive around all over the place. They shouldn't even be licensed for the roadway. In respect for the deputy I have gone to other state parks and have noticed signs that state no off road vehicles.
ReplyDeleteI think cops in Madison would have given a warning also if that is what happened by your statement. But cops can't cite them for the violation unles they witness the crime. This is also in the SD codified laws (class 2 Misd.) You would be able to have the deputy make a report and you would have to testify in court about noticing them on the roadway and what they did.
If I am understanding you correctly the deputy was in the driveway talking to the people with the problem. To drive them on the roadway you have to have them licensed, have a driver license, and have insurance on them. Some officers aren't aware of what the laws are pertaining to GFP land, so maybe he wanted to call Brandon and let him know also.
I think you would behind me also if I say that we shouldn't license them, but if we do they should have to be inspected by law enforcement to make sure thay have mirrors, turn signals, horn, lights and others. It looks like the marks are on the roadway by your pictures, but they probably shouldn't have been on the grasses either.
I direct your attention to the following SD law:
ReplyDelete23A-3-2. Law enforcement officer's power to arrest without warrant. A law enforcement officer may, without a warrant, arrest a person:
(1) For a public offense, other than a petty offense, committed or attempted in his presence; or
(2) Upon probable cause that a felony or Class 1 misdemeanor has been committed and the person arrested committed it, although not in the officer's presence.
Hmmmmm! A law enforcement officer cannot arrest somebody for a Class 2 Misdemeanor unless he/she is there and sees it happen.
Perhaps we should double or triple the property taxes on the land surrounding Lake Herman. Then the county and state could provide you with more law enforcement officers to handle this problem.
ReplyDeleteDid I say I was looking for arrests? No, I'd just like everyone to respect the land and the law. Pretty simple principle, no tax increases required. ;-)
ReplyDelete1) For a public offense, other than a petty offense, committed or attempted in his presence; or
ReplyDelete(2) Upon probable cause that a felony or Class 1 misdemeanor has been committed and the person arrested committed it, although not in the officer's presence.
I think you restated my point. Where I get this information is from my brother who is a cop in Sioux Falls. I think it is clearly stated above Class 2 doesn't fall into that catergory, and unless he was there it wasn't committed in his presence.
Sorry I touched a sore spot, my deepest appology. I live around Lake Herman also and would like them to stop riding them also, or atleast go somewhere where you can ride them, like a family farm or in your own yard which I prefer to be in the country somewhere.
Sorry again, but I am behind the 4-wheeler movement to not allow them on the roadway. But also parents should be held accountable also.
Anderson
No sweat, Anderson. :-) We obviously share the goal of keeping the lake in good condition for everyone's enjoyment.
ReplyDeleteHmm... the city folks are getting ready to spend money on a new pool (excuse me, aquatic center). Maybe some interested country folks should pool their resources, buy a section of land, and turn it into an ATV adventure course!
You called the cops. Cops arrest people. Apparently he did ALL HE COULD. What did you want? I hear they hand out sticker badges. Maybe he should have given you one.
ReplyDeleteAnon continues think it more important to take snarky digs at a person reporting a violation of the law than to emphasize the main point, that ATV riders need to respect the land and the law.
ReplyDeleteThis topic has hit a sore spot with many people it appears. The bottom line is that the Reporting Party was upset with what the 4-wheeler’s were doing so he made a complaint. Making a complaint is a great way to solve a problem, but what has happened here is that it seems that the original story is bashing the law enforcement officer. Anyone can go on the internet and find a codified law or statute about what they are mad about, but how can you expect every law enforcement officer to know all of them in detail. (do you know how many there are?) According to your story the officer didn't see the crime happen so no citation could be cited so the officer went and talked to the individuals that may have done the crime, and advised them to stay of the grassland. What more do you want from the officer. Would you want the officer to overstep his boundaries? If that is the case the headline of this story would read “Local Deputy Feels that he is Above the Law” I hope the person that reported this crime realizes that the deputy contacted the violators, and normally when a crime has been committed they will watch more closely in those areas hoping to catch them in the act.
ReplyDeleteAs far as hiking up the taxes so that you can have a law enforcement officer witness all these crimes. I say go for it the Lake County Sheriffs Department is very short staffed and are much underpaid. If you live in the county I would be worried. Many nights there is only one deputy on duty sometimes two. This county is a very large area to have only one deputy working. This is a big concern for me living in the county, because the response time to a call can be quite long. I encourage all people that live in the county to talk to their county commissioner about this and get the funds to have more law enforcement on staff to serve its people.