Currituck

Currituck Board to revisit Nuisance ATV Ordinance

New approach will utilize nuisance ordinance

by John H. Snowden, III
Publisher / Editor

The Currituck County Board of Commissioner - at their Monday, January 7 meeting - will make another attempt at forging a county ordinance addressing nuisance use of All Terrain vehicles - ATVs.

Most recently, at their October 15 meeting, the Board of Commissioner approved - by a 4-0 vote - an ordinance which would have required licensing of ATV’s operated on both mainland and Outer Banks properties. Since the ordinance did not pass by a unanimous vote - Board Chairman Barry Nelms was out of town - the board was required to hold a second vote on the ordinance change, which would have required a simple majority to pass. The board never held a second vote on the ordinance.

The ordinance change which will be considered at Monday night’s meeting takes a different approach to addressing nuisance use of ATVs. The board’s fourth attempt at reaching consensus on an ordinance, utilizes section 9-71 “Certain Conditions declared nuisances” of the County Code of Ordinances.
This section of the Code of ORdinances includes, grass and weed of excessive height; accumulation of animal or vegetable matter; rubbish; obstruction of drainage ways; burned or partially burned structures, vicious animals and other items considered nuisances.
The Board will consider appending the following text to the nuisance ordinance: (10) The operation of an all terrain vehicle past any point four or more times during a one hour period of time. For purposes of this section, “all terrain vehicle” shall mean a wheeled or tracked motorized vehicle designed and used primarily for off-road use with two, three, four or six low pressure tires and including, but not limited to, dirt or trail bikes.”
The ordinance change will require unanimous approval on the first vote in order to be adopted at Monday’s meeting. in the event the vote is not unanimous, the ordinance may be passed at the next meeting by a simple majority vote.
The Currituck Board of Commissioners will meet at 7 p.m. on Monday, January 7 in the Commissioner’s meeting room at the Historic Currituck County Courthouse. For a complete agenda of Monday’s meeting, please see page 5.

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