Millersburg council continues debate over utility vehicles in the village

MILLERSBURG − As the conversation continues about whether to allow the use of all-terrain vehicles (ATVs) on public roads, Village Council and the mayor are seeking the community's input.

Holmes County resident Nick Mullet, who has property in Millersburg and operates a business on South Washington Street, asked council to consider changing their stance and allow ATVs on Millersburg's streets.

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Mullet said he wants to do things legally and lawfully.

"You've got to follow some guidelines," he said. "License plate, inspections, licensed drivers, I think that would be a darn good start."

He shared a letter from another business operator in town, Kerry Taylor of Millersburg Electric, who noted that he would like to be able to use his utility vehicle with plow to maintain the warehouse lot on South Mad Anthony Street.

Mullet added that vehicle inspections could be done in the parking lot by the pool or anywhere else the vehicles could be trailered in so they aren't driven illegally into town.

"Looking further into this, I checked with the BMV today," Mullet said. "If I have a license plate on my ATV by the BMV, that license plate allows me to operate on county roads, township roads and between fields on state routes.

Council wants to hear from community members on ATV debate

Council member Kelly Hoffee commended Mullet for coming back and providing the information. Hoffee added no one seems to have a problem with vehicles speeding past her house in town all summer long, yet everyone has an issue with ATVs.

"I talked to quite a few people here in town, and I have this letter from Kerry Taylor stating his support for that as well," Hoffee said. "One of the issues being brought up is, you're from out of town, but there actually is support from people in town.

"I urge anyone who is living inside the village of Millersburg, who pays taxes here in Millersburg, to call us and tell us what you think about this," she continued. "Because we'd really like to know what you think, because all we're really hearing is one side hard line or this side hard line, and I feel there are a lot of people who run right down the middle that aren't talking."

Councilman Brad Conn noted that requirements for utility vehicles are much more stringent than for most vehicles seen in the village or outside the village.

Is it legal to drive utility vehicles on state and county roads?

Solicitor Bob Hines said the utility vehicles and low-speed vehicles (up to 25 mph) or under-speed vehicles (less than 20 mph, such as golf carts) all have specific definitions.

"Since he has a bed on the back of his, it is considered a utility vehicle, although registration says ATV, which means all-terrain vehicle," Hines said. "Almost all of these vehicles are called ATVs, though they are not, according to the definition in the Ohio Revised Code.

"A municipality can allow a utility vehicle, a golf cart or a low-speed vehicle. You can pass an ordinance that has all of those on there," he continued. "An all-terrain vehicle is a different vehicle, for instance a Razor or side-by-side. You cannot pass an ordinance that would allow those vehicles to be used on Millersburg streets. There is a statute that says you can for county or township roads, but there is no mention that municipalities have the authority to allow them on municipal roads. That's where the law draws the line."

Hines added the village could pass an ordinance to allow utility vehicles to be driven within the village, but how he gets to the village is another story. Traveling on state Route 83 or County Road 58 has speed limits higher than 35 mph, which bans the utility vehicles from legally riding on the roads.

"So he would be driving illegally to get here," Hines said.

Mullet countered that, according to the BMV, county roads and townships roads don't have a restriction on speed limits.

"I'm not going to discuss the law with you. I am a lawyer for 46 years and you are not," Hines said. "You cannot legally drive your vehicle on state Route 83 or (County Road) 58. It's illegal. The BMV is not layers. If you told me the attorney general of Ohio said that, then I would listen to hearsay from the BMV. They aren't lawyers."

Councilman Tom Vaughn pointed out all access roads leading into town are all speeds above 35 mph.

"I'm not an attorney, but I can read," Mullet said, asking for a specific section in the law that specifies utility vehicles cannot be used on roads with posted speeds greater than 35 mph.

Hines added the village has been dealing with this issue for more than five years and he has done his research. It is his opinion that they are not legal to drive into the village.

"The state law, the way it's laid out, does not allow utility vehicles to be operated on state highways where the speed limit is more than 35 mph," he said. "It just doesn't allow it."

The solicitor added that the Holmes County Sheriff's Office agrees that ATVs cannot operate on Holmes County roads, but they do not enforce that.

Councilman Brent Hofstetter noted that there are sections in town where the speed limit exceeds 35 mph.

Conn asked for clarification.

"Village council can pass an ordinance to approve with certain restrictions, anyone that meets those restrictions, as long as they're operating within the village of Millersburg, and the speed limit is 35 mph or under, anything beyond that is something our town has the authority to approve," Conn said.

Neighboring communities have had issues

Vaughn pointed out that in his conversations with other jurisdictions (Loudonville and Coshocton), neighboring communities that have approved ATV usage, they report having numerous problems, mostly with people from outside the community coming into town to stay at the campgrounds.

"Both places have had issues," Vaughn said.

Hoffee once again urged people who live in town to get in touch and share their feeling about this issue with council members.

Mayor Jeff Huebner said council should wait until they receive feedback from community members before moving forward. Any Millersburg residents wishing to share their opinions should contact a council member or Mayor Huebner before the Jan. 9 council meeting.

This article originally appeared on The Daily Record: Millersburg council debates legality of ATVs on village roads