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Protecting the Land and the Future of ATVs   -   Remember, nature's enemy is not outdoor recreation, but poor recreation management.
 
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NH ATV Club

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Wednesday, October 22, 2003
Danville residents to have say on proposed ATV rule
By Margot LeSage - Eagle Tribune

DANVILLE -- Residents will have a chance Monday night to voice their opinions about a proposal to ban out-of-towners from riding off-highway recreational vehicles on town-owned land.

Selectmen drafted the proposed ordinance after several area towns announced they were banning the use of all-terrain vehicles, such as dirt bikes, four-wheelers and snowmobiles. With more and more Southern New Hampshire towns cracking down on off-road recreation, Selectmen Chairman Michael B. Asselin said it's just a matter of time before riders who used to take to the trails in Plaistow or Atkinson zoom into Danville, which now doesn't restrict ATV use.

He said last week a resident informed him of a Massachusetts truck, with a trailer used to transport ATVs, parked outside the town cemetery. Asselin said that two ATV riders soon showed up, loaded their vehicles onto the trailer and drove off.

Asselin and other selectmen say it's easier to educate residents about proper ATV use -- such as not going off the trails and respecting wildlife habitats -- but that they can't spread the word to out-of-town riders. He said areas of the Town Forest as well as areas along other town-owned recreation trails, such as the trails on Hersey Road and the Rockrimmon Trail, have been damaged by ATVs that have veered off the trails. The proposed ordinance requires that any off-highway recreation vehicle rider who rides on town-owned land must be a town resident and have the vehicle registered in the town of Danville. The vehicle must display a Danville sticker which can be obtained at Town Hall for a fee, the amount of which will be set by selectmen.

Those fees, including any penalties, Asselin explained, will offset the cost of the stickers and the administrative costs of registering the vehicles as well as to pay for enforcement costs. Any excess money will be used to repair and construct new off-highway trails.

The proposed ordinance allows for the Danville Police Department to issue written guest permission passes with a limit of 15 per day. Danville residents must make the request for a guest pass and can only request one per day. Both off-highway vehicles must be registered with the state. Penalties vary from $200 for a nonresident riding on town-owned land to $300 and 40 hours of community service if that same person violates the ordinance the second time. A $500 fine and 80 hours of community service is the penalty if that same rider violates the ordinance a third time. There are also penalties and fines for littering, hazardous use of the off-highway vehicle, using an off-highway vehicle either before 8 a.m. or after dusk and for riding an unregistered vehicle.

Most penalties include both fees and several hours of community service. The public hearing will be held at 7:30 p.m. at Town Hall.

Copies of the proposed ordinance are available at the Colby Memorial Library and Town Hall.

"We hope to answer any questions and hear any comments the public has," Asselin said. He said after the hearing the board will decide whether or not to revise the ordinance or to post it, which means it will become binding. But even if selectmen post the ordinance, it will only be in effect until March, when voters will decide if they want to adopt it at the annual Town Meeting.

Asselin said because residents could vote against the ordinance in March, stickers for off-road vehicles won't be required until it is approved at Town Meeting. However, enforcement of fines for nonresidents will be levied immediately after selectmen post the new regulations.

"It's all part of the education process," Asselin said. "We're starting to get the word out."

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