Ordinance No. 905 passed first reading approval at a previous board meeting, but needs second reading approval to be finalized.
Nehring said North Dakota Century Code 39-29-09 which deals with the operation of off-road vehicles covers violations has the issue covered.
"I believe the North Dakota Legislature has already adequately addressed these concerns of the city," said Nehring.
He highlighted the state code. "If you have a snowmobile or a four-wheeler, you can still operate it on city streets. The purpose of that is to keep them out of the ditches," he said.
He said the state law allows people to drive these vehicles within certain criteria.
"The way I read it, the proposed city ordinance requires a lot more than that such as blinkers. It says it has to be a 'street legal' vehicle. I don't think they make a four-wheeler or a snowmobile that is street legal. What's going to happen is they won't be allowed on the streets," said Nehring.
Nehring said he thinks the element the city is seeking to control is the four-wheel riders who go in the ditches and ride at excessive speeds.
"I think what is going to happen those people are still going to continue to operate their vehicles in the ditches, and the law-abiding population is going to be prohibited from having the option run it on the streets. The ordinance has good intentions, but it is overkill," Nehring said.
He added when there already is a law that accomplishes the city's intentions, it is unnecessary.
"It gives certain situations where you can operate a vehicle on the street. It talks about reasonable speed, about not operating under the influence of liquor, not operate it in a careless or reckless manner," he said.
Nehring said state law allows certain situations where people can operate these vehicles on the street.
"There is certain hardware they must have. It talks about a reasonable speed, not operating under the influence of alcohol, not run it in a careless manner," he said. "If you are on a city street, and the speed limit is 25, you can go 25 mph to keep up with the flow of traffic. You cannot operate them on a highway that's going 55 to 70 mph."
He added that in Montana, he saw the devices run in town with licenses like they are with mopeds here. Nehring said from his observations, it worked very well.
"If I wanted to hop on my four-wheeler, I would do so in a safe manner," he said.
Nehring said he wanted to do more research on the state law, but wanted to inform the board that the new law was in place. He said law enforcement already can cite those not following the law.
"The way the city ordinance is now, it's going to shut everything down," Nehring related.
"It's not going to shut down riding in the streets. It's going to shut down riding in the ditches," said City Attorney Pete Furuseth. "The intention is not to outlaw them in the city. The intention is to keep them out of the ditches and where they are causing all the damage."
Commissioners and Nehring agreed they would like to address the excessive noise issue of some operators. Nehring said there are laws in place about motor vehicles about noise levels. He said law enforcement has the right to pull over those who modify motors or are excessive noise levels.
"It's the few people who do things wrong that this is addressing," said Finance Commissioner Brad Bekkedahl of the city ordinance. He believed those in the room were in compliance.
Bekkedahl said he did not have a problem pulling the 'street legal' language from the ordinance if these vehicles aren't built with blinker lights. He was told the devices have brake lights. He asked if residents who maintain a ditch in front of their property could post "No Trespassing" signs. Furuseth said no because these are public right-of-ways.
Nehring said some public education might help new riders meet requirements.
Commissioners agreed to send the city ordinance back to committee to tweak its wording.
Comments