G’ville votes to proceed with possible UTV ordinance change, but final vote still to come

At its Aug. 11 regular meeting, the Gainesville City Council again discussed a proposal brought forth by Mike Gardner asking the council to change a city ordinance that currently prohibits utility terrain vehicles (side by sides), golf carts and other similar vehicles from operating on city streets within the city limits.

Mayor Gail Reich led the meeting, with all council members in attendance: Lana Bushong, Treva Warrick, Dana Crisp, Teri Edades, April Lynne and Amanda Rogers.

The meeting, which usually draws no more than a handful of spectators, had standing room only, with around 20 people listening in from the lobby of City Hall.

The weekly meetings are structured so that, after roll call and approval of bills, an open forum allows any meeting attendee to address the council for two minutes. Three people spoke on the UTV issue during the Aug. 11 open forum.

Citizens weigh in

Robert Klineline, who lives on a county road off Highway 5 north of Gainesville, was the first to speak in favor of changing the ordinance.

“I realize that people may think that, not living in the city [limits], I shouldn’t have a say in this, but as it is now, it looks to me like it does affect me because if I was legally, by the state, to drive my side-by-side to town, I’m not allowed to ride it on the streets when I get here,” Klineline said.

“That’s going to keep me from going to the gas stations. It’s going to keep me from going to the supermarket. It’s going to keep me from going to any eating establishments. It’s going to keep me from going to the pharmacy if I should want to. I, myself, for the life of me don’t see what it would hurt one little bit to be able to ride your side-by-sides in town. If you have an issue with it, address it after you have an issue. I don’t think it’s going to be an issue, myself.”

Klineline also said allowing the vehicles could benefit the city’s finances by selling permits and encouraging riders to spend money at local businesses. “I’d also like to say that I’ve heard made mention talk about selling permits, and how some don’t think they’ll sell enough permits to make any difference. But [selling] any permits, anything you can get out of it, is making revenue for your city. And not only that, but [riders] going to these businesses, you’re creating revenue for your city. I say take every opportunity you got to make the city a little bit of money, and go for it. I don’t see the risk in it.”

Dan Schmucker, who lives on Cedar Oak Drive within the Gainesville city limits, also spoke in favor of changing the ordinance. He said he uses his UTV to help transport his elderly father around town.

“I use it to go get my dad up here at Harlin Heights [Apartments] and run him around town if I need to. It’s really handy for him to get in and out of and for me to take care of that stuff ... coming down here and get gas and run back to the house. It’s right here close, it’s easy and it’s simple for him to get in and out of.”

Doug Hawkins of Shelter Insurance on the Gainesville square also spoke in favor of the proposal, citing the ability to verify insurance requirements as one potential benefit.

“I personally don’t own one, but Mike had dropped off some stuff to me about what he is trying to put out there and propose. For the line of work I’m in, one of the huge benefits I see to changing it is making sure that the people who are using them around here do have insurance. Right now, you don’t know that,” Hawkins said.

“I think it [costs] like $100 a year, it’s next to nothing. But if there was an accident of some kind, you’d have some assurance that there was some coverage so people could be taken care of. Right now, it’s just kind of an unknown factor. So I thought that was a positive to it.”

After the open forum, Reich reminded those in attendance that they would not be able to speak from that point forward as the council moved into its agenda.

Council discusses state, county laws

Under old business, the council revisited the UTV ordinance proposal.

“Anyone have any input into this or should we just table it?” Mayor Reich asked.

“We need to do something,” Bushong said.

Warrick then explained that the council was limited in what action it could take that night because no new ordinance had yet been drafted. “We don’t have an ordinance to vote on. So, we really can’t approve anything tonight,” Warrick said.

She also explained some of the state laws governing UTVs and other off-road vehicles. “In looking at state statutes, it says no person can operate a utility vehicle on the highways of the state,” Warrick said. “So, getting to Gainesville to do all this would still be violating state statutes in order to do that. 

“Of course, you can use them for agriculture purposes, they can only be operated during the hours of sunrise and sunset, cities can issue special permits to be used within the city limits,” she added. 

Missouri law generally prohibits UTVs/side by sides on state highways, but allows several exceptions, including agricultural or industrial use, use by government employees (law enforcement, city employees, county employees etc...) and special permits issued by cities for city streets and counties for county roads. Both cities and counties may charge up to $15 for those permits. Currently Ozark County does allow residents to obtain a permit to legally ride the vehicles on county roads if they adhere to the equipment requirements. 

That distinction means a county permit could allow an eligible UTV to travel on designated county roads, but would not authorize the vehicle to travel along a state-maintained highway such as Highway 5 or Highway 160 unless for agricultural needs or other exemption. A Gainesville ordinance could address streets under the city’s jurisdiction, but could not override state restrictions on state highways - even if those roads fall within the city limits. 

ATVs/four wheelers are governed by a separate section of state law. They generally cannot be operated on state highways, although counties may issue special permits for county roads and municipalities may authorize ATV operation on streets and highways under their jurisdiction. Gardner has said he isn’t asking for ATVs to be allowed in Gainesville.

Golf carts are different again. Missouri law allows municipalities to authorize golf carts on streets under their jurisdiction, but golf carts cannot be operated on state or federal highways, except to cross an intersecting state highway under certain circumstances.

“We’re limited to $15 per permit,” Warrick continued. “If we did approve it, this is not going to be a money maker because the time involved with the issuing and the decals and everything else, it’s not going to be producing revenue. In fact, we would, I think, probably go in the hole in it. I don’t think we would be making money on it at $15 each.”

Warrick continued her explanation of the research she had done.

“There is a difference between a utility vehicle and an ATV. The ATVs are narrower in width, a lot more likely for turn over. UTVs are from 50 inches to 80 inches in width, a little more stable, but ...”

“They’re more of a work vehicle,” Bushong said.

“Right,” Warrick agreed.

Warrick said she had spoken with Ozark County Sheriff Cass Martin and a Missouri State Highway Patrol trooper about the proposal and possible permit requirements.

“I talked with [Sheriff] Cass [Martin] today, and I have talked with a highway patrol trooper about getting permits. Cass has a lot of recommendations to go into the ordinance and would like to see us limit the number of permits allowed in the city,” Warrick said.

“I agree with that. I don’t think we need to just issue them to everyone,” Bushong said.

“I’m just telling you what Cass said, and he contacted me about this. UTVs, with the cabs and everything, we all see the accidents. There is a high rollover risk, and we’re wanting to keep everyone safe. We would have to have a much lower speed limit [for those vehicles],” Warrick said.

She questioned how much the proposed ordinance would actually increase UTV traffic in Gainesville, given the restrictions on where the vehicles can legally travel.

“I don’t see that we’re going to have a lot of people being able to drive into town to shop with these because you’re not allowed to use them on the highway. So you’re going to have to haul them into town, and that’s not going to help parking or anything else.”

One category of recreational off-highway vehicle is subject to a separate state-law exception allowing operation within three miles of the operator’s primary residence, although that exception does not authorize operation within a municipality unless the municipality allows it.

Warrick said Sheriff Martin had also recommended several safety requirements for any ordinance the city might adopt.

“One thing we definitely don’t want to be is another UTV and ATV recreational site where they have a lot of accidents,” Warrick said. “Cass was very specific on things he would like to see as far as being DOT-approved, as far as turning signals, mirrors, horns, safety inspection beforehand, age limits, no unlicensed drivers, insurance verification. So there’s a lot of things we need to look at before we even ask the city attorney to do an ordinance.”

“But we all agreed on all that already. They have to be legal age to drive, they have to have a license, have proof of insurance with them,” Bushong said.

“He has a lot more requests,” Warrick explained. “Whether or not you want to make a new ordinance is all we can decide tonight because we don’t have an ordinance to vote on.”

“So we need to decide if we want to make a new ordinance?” Bushong asked.

“I think that’s the only thing we can do,” Warrick said.

“Well, yeah, because we don’t have anything to vote on yet. I would like to see us do an ordinance and get Cass and [other law enforcement input], so we can have a safe ordinance, and, like you said, limit the amount, because I don’t want this to turn into [an issue],” Bushong said.

Warrick said she had heard complaints about ATV use in town, but emphasized that ATVs and UTVs are not the same type of vehicle.

“I have had several complaints from people who were walking that they’ve nearly got hit by an ATV. And an ATV is different than a UTV. I’ve done a lot of homework on this. There’s a big difference,” Warrick said. “We want to keep it safe, make it usable for businesses to use and we got some thoughts on that.”

Bushong said the existing problems with unauthorized recreational vehicles in town are part of what makes the issue complicated.

“What we’re having right now, Treva, as you well know, it’s people that probably aren’t even legal to drive. They’re on them because they don’t have a driver’s license,” Bushong said.

“Right ... and that’s no way directed at Mike who introduced this. He’s not our problem,” Warrick said.

“No. But that’s what we’re dealing with now ... that everyone’s complaining about, and it’s hard to control,” Bushong said. She then described an incident she had recently witnessed near the courthouse.

“Two or three Sundays ago, I come around the square and [some people] in a souped-up golf cart were skateboarding up and down the new rail at the courthouse. They’d go to the top, come down and jump up on the rail on their skateboard and jump off. I stopped and said guys, ‘You can’t do that.’”

“That’s not our property,” Warrick replied, in reference that the county’s ownership of the courthouse and its facilities.

“But they still can’t do that. I don’t care if it’s our property or not,” Bushong said.

Councilman Dana Crisp said he agreed that some complaints are justified, but cautioned against assuming every complaint involving an ATV or UTV represents a safety problem.

“In that instance, it’s warranted, for sure. But I’ll tell you one thing, there’s some [complaints] that aren’t warranted. “People get it started out of the blue, and there’s nothing to it. So, it goes both ways. We need to kind of cull out to see what’s right and what’s not. Let’s do it right, whatever we do,” Crisp said.

“So that’s why we really can’t do anything tonight. We need to get the sheriff included in on it,” Warrick said.

“But we need to move forward on a new ordinance for sure,” Bushong said.

“I think [the vote tonight] would be on whether we want to talk with the city attorney about making a new ordinance and set up a meeting with the sheriff for input,” Warrick said.

All other council members nodded in agreement.

Warrick made a motion to proceed in that manner, and Crisp seconded it. All council members voted in favor.

It’s important to clarify that the vote did not approve a new UTV ordinance. Rather, the council agreed to move forward with having the city attorney draft a proposed ordinance and to seek additional input from the sheriff and law enforcement before bringing the matter back to the council.

Any final decision on whether Gainesville will allow UTVs, side-by-sides, golf carts or other similar vehicles on city streets will come at a later meeting after a proposed ordinance is drafted.