Mineral commission passes ATV ordinance

KEYSER, W.Va. — An ordinance restricting use of all-terrain vehicles on a residential road was enacted following a unanimous vote by the Mineral County Commission Tuesday evening.

The ordinance came about as the result of a petition first presented to the commissioners in February, brought forward by residents of Wagoner Lane, which sits off Dan's Run Road in Fort Ashby. Those in favor of the petition said some of their neighbors had been inconsiderate in riding the vehicles in the vicinity, leading them to request action from the county.

The ordinance originally also included Old Hayes Lane, but that road was later removed from the petition as it is a private road, where Wagoner Lane is under state maintenance.

None of the residents in favor of the ordinance opted to comment before the commissioners held their vote during Tuesday’s meeting. However, residents Tammy and William Kenney, who spoke against the petition at a public hearing for the ordinance in May, again voiced their opposition to it being enacted.

Tammy Kenney said that the issue has “pretty much been resolved” without the ordinance, and that she feels a posted speed limit would have the same effect the ordinance is intended to have. She also said she was concerned with whether the ordinance would affect her ability to use her personal side-by-side vehicle on her property.

“I don’t see a reason why I shouldn’t be able to do that,” she said. “I’m not, like, flying down the road or anything. I go slow. I don’t think that’s affecting anybody else.”

William Kenney questioned whether there was an appeal process, and Tammy Kenney asked the commission why they passed the ordinance. Commissioner Jerry Whisner said they voted to pass it because of the volume of complaints received from multiple individuals, the validity of which the couple contested.

“I mean, it’s ridiculous,” William Kenney said.

“Well, it’s passed,” Commissioner President Roger Leatherman replied.

The commission confirmed residents will be able to use ATVs on their property, per the terms of the ordinance.

The ordinance will be able to be reconsidered in five years. It is effective immediately, but local law enforcement will have to be properly notified before it can be enforced.

The commission meets next on July 14 at 9:30 a.m.

Follow staff writer Lindsay Renner-Wood on Twitter @LindsayRenWood

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