Monday, July 12, 2004
Off-roading can get out of line
ATV sales up, but legal trails are few
By Rasheed Oluwa
Poughkeepsie Journal
As the sun begins its slow descent into the western horizon, the telltale sounds of summer fill the warm air: the calling of birds, the chirp of crickets and the kinetic buzz of ATVs racing through private property.
''We get calls beginning in the spring and what we try to do is follow up each complaint as best as we can and stay away from a routine,'' said Det. Charles Locke, who works on the Dutchess County Sheriff's Office's all-terrain vehicle detail. ''I have been riding ATVs recreationally for many years and a lot of ATV riders are law-abiding citizens. It just takes a few bad riders to make everyone else look bad.''
Police departments have been dealing with ATV complaints for years, and the problem seems to be getting worse, Locke said.
ATV sales continue to climb in the state, yet there are few places where people can ride legally. Lembo Lake in Modena offers a network of trails for riders to enjoy, but for the most part, riders are confined to stretches of private property or forced to travel to places such as Massachusetts, where there are state parks with legally designated ATV trails.
''Sales are good, but they could be even better,'' said Bill Malone, manager of Dutchess Recreational Vehicles Express on South Road in the Town of Poughkeepsie. ''Everyone who rides complains that New York state could care less about them. New York state needs to provide more land for ATV riders and that would make everyone happy.''
Freewheeling on farms
The lack of land has steered many riders to private property such as farms and power line paths.
''Dutchess is becoming more populated and the large tracts of wooded areas are disappearing, so you get a situation where many riders are trespassing,'' Locke said. ''Some wear their helmets, are registered and insured and some don't bother to do any of those things.''
In Milan, residents have complained to the town board about ATVs being used along the right-of-way for Niagara Mohawk's power lines.
Rudy Vavra, a Town of Milan resident, said he has no problem with ATV riders in general. But, he said he's fed up by some of the rude, reckless acts he has seen riders commit over the years.
''Those ATVs and cross-country motorbikes are very loud when people ride them,'' Vavra said. ''Also, a lot of the ATV riders come off the power lines and run into the road. I almost hit a 14-year-old kid on an ATV with my truck because he darted off onto the road.''
Alberto Bianchetti, a spokesman for Niagara Mohawk, said the company tries to work with all the local law enforcement agencies in its 24,000 square miles of service territory in an effort to monitor its trails.
''In a couple of these instances in the Capitol region, we had to conduct serious rescue efforts because violators riding ATVs were injured,'' Bianchetti said. ''Unfortunately, that's how we were able to find out who they were so we could press charges.''
Wendy Rosenbach, a spokeswoman for the state Department of Environmental Conservation, said the DEC's Motorized Off-Road Enforcement team is equipped with ATVs to patrol state land and assist other law enforcement agencies.
She said common trouble areas in the region include old railroad beds and powerline paths, state property outside of Dover, Town of Dover property in the Webatuck hamlet and patches of recreational park lands bordering Stewart International Airport in Orange County.
Violations typically include trespassing, unregistered and uninsured ATVs, and riding without a helmet, she said.
But the DEC is just one agency.
The Dutchess County Sheriff's Office started its ATV detail last year thanks to a $15,900 grant. The detail uses two ATVs and has four officers -- including Locke, Det. Jason Mark, and deputies Michael Dickett and Shawn Castano. The patrol was trained by the DEC's patrol.
Although the sheriff's office tries to handle each complaint as it comes, its resources get stretched.
''These kind of ATV patrols are new to police and you don't really see a lot of police departments with ATV patrols,'' Locke said.
Property damaged
John Steiner, who owns a farm in Red Hook, said he went to the sheriff's office for help last year after a few ATVs caused damage to his farm. Initially, Steiner said, he didn't have a problem with ATVs riding on his property. That was until several riders went too far.
''When the corn is six feet high, they'd go through it an knock it down,'' Steiner said. ''We caught one of them one time after we saw the lights going through the corn.''
Steiner said the problem has since stopped.
Marlborough police Chief Stephen Fajfer said the problem remained constant in his town, where the landscape of orchards is tempting for ATV riders.
Since his department doesn't have any ATVs of its own, it must rely on help from the Ulster County Sheriff's Office, the DEC and other agencies. Although Fajfer said his department was working to get a grant to start up its own ATV patrol, he said his department faced another problem.
''I think property owners recognize that there isn't a whole lot the police can do,'' he said. ''Once the riders are caught and they go to court, they realize it's only a violation.''
Earlier this year, state Sen. William Larkin, R-New Windsor, sponsored two bills that increase the penalties for ATV riders caught on private property without permission. One bill would have made it a class B misdemeanor under vehicle and traffic law. The other bill, which was crafted to be more favorable for passage in the state Assembly, would have elevated the offense to a B misdemeanor under penal law.
Harm to crops
''What we kept hearing from growers is that (ATV riders) come through their property and knock all the fruit from their trees, crops,'' said Stephen Casscles, an aide to Larkin. ''The most important thing is that it really destroys the roads and by ripping up the roads it encourages more soil erosion.''
Casscles said both bills gained passage in the Senate before stalling in the Assembly.
Many ATV riders blame the state government for failing to provide adequate ATV trails -- despite the fact they pay $10 for a registration fee.
Last month, ATV enthusiasts rallied at the state Capitol in Albany for more accountability from the state to its ATV riding constituents.
The rally was also to show support for a provision in Gov. George Pataki's state budget proposal to set up an ATV trail fund in the state. A $35 increase in ATV registration fees would help provide the money for the fund.
Brad Plummer, who helped coordinate the event for the New York State Off-Highway Recreational Vehicle Association, said he didn't condone the illegal use of ATVs. But he also blamed the state for having an inadequate trail system.
''We want to work with everybody involved,'' he said. ''We want to work with neighborhood kids who have no place to go. We ant to work with the homeowners. We want to work with the hikers. But these people (ATV riders) are registering their vehicles, so you have to give them some place to ride.''
Crime Beat, which explores law enforcement issues and cases worked by police in the mid-Hudson Valley, appears each Monday. To suggest a topic, call 845-437-4834. Rasheed Oluwa can be reached at roluwa@poughkeepsiejournal.com
On the Web
For information regarding ATV laws and safety issues, visit the Web sites of the following groups and agencies:
- The All-Terrain Vehicle Safety Institute: www.atvsafety.org
- The New York State Department of Motor Vehicles: www.nydmv.state.ny.us
- The New York New York State Off-Highway Recreational Vehicle Association: www.nysorva.org