WINFIELD - Homeowners associations in Putnam County soon will be able to enact an ordinance regulating or prohibiting the use of all-terrain vehicles within portions of the subdivision.
In a two to one vote, Putnam County commissioners voted to adopt an ATV ordinance - pending some revision to the ordinance's text.
Commission President Steve Andes voted against the ordinance.
Under the ordinance, it would be unlawful for any person to operate any ATV on any street, avenue or road within the boundaries of the subdivision. The ordinance does make an exception for those loading, unloading or mechanically working on an ATV, and those operating an ATV for the purpose of yard work or hauling materials or equipment to their property.
"One of the things we're trying to address is making sure we don't have interactions between a car and a motor-cross bike or an ATV that results in death," said Commissioner Ron Foster.
Homeowners associations will have to vote to petition the county commission to enact the ordinance within the subdivision boundaries.
At least two homeowners associations in the county have expressed interest in enacting the ordinance, Foster told the commissioners Thursday.
Several subdivision residents have voiced concerns about noise and safety concerns over ATVs at previous county commission meetings.
County attorney Larry Frye drafted and presented the ordinance to commissioners Thursday. Frye's original ordinance allowed for drivers to operate ATVs on the streets for no more than five minutes.
Commissioners expressed concern that the five-minute rule could cause some gray area. Commissioners voted to pass the ordinance, only after Frye removes language regarding the five-minute rule.
"My concern is people coming from outside of the subdivision who do not own land in the subdivision and running those roads. This would give the sheriff's deputies the ability to go in and stop that," said Commissioner Andy Skidmore.
The penalty for the first offense is a fine of no more than $100. The penalty for the second offense is a fine of no more than $300, and for a third or subsequent offense the fine is no more than $1,000.
Putnam County Sheriff Steve Deweese said his deputies currently have no authority over the matter in subdivisions, so enacting the ordinance would allow them to get involved. Deweese told commissioners that those found to be in violation of the ordinance would be written a citation.
County staff would provide the Putnam County 911 services with an updated list of which subdivisions have elected to enact the ordinance, commissioners said, hoping to resolve any confusion about which subdivisions fall under the ordinance and which do not.
Andes voted against the ordinance, telling commissioners "you can't legislate common sense," and said he believes the matter should be left up to individual subdivisions and not the county commission.
Frye said after the meeting that the ordinance would not go into effect until after he revises the draft he presented to the commissioners and it is signed by all three commissioners.
Also at the meeting, commissioners voted to not raise the county's excise tax for property sales.
County Manager Jeremy Young said the county can currently tax $1.10 per every $500 of property transaction when a deed is recorded. Under Senate Bill 433, the state Legislature allowed counties to raise excise tax to an amount not to exceed $1.65 for each $500 value.
The commission would be required to hold a public hearing 30 days prior to voting on the matter, he said.
"In my opinion, this was approved for a lot of the counties that are hurting that are in the coal areas that declined with revenues. This gives those counties to get an increase elsewhere," Young said.
Board members voted to not increase the county's excise tax at this time, noting that the county is currently in a good financial position.
The next Putnam County Commission meeting will be held at 9 a.m. Aug. 8.
Reach Carlee Lammers at Carlee.Lammers@wvgazettemail.com, 304-348-1230 or follow @CarleeLammers on Twitter.