Published: August 14, 2006 10:59 pm         

Oak Hill council unanimously passes ban of ATVs from trail

OAK HILL — After some discussion of legal terminology, Oak Hill city council Monday evening unanimously passed the second reading of an ordinance that would ban all-terrain vehicles (ATVs) and other motorized conveyances from the White Oak Rails-to-Trails. Council member Bruce Coleman was absent.

While the city already has a city-wide ATV ban on the books, the measure passed Monday would prohibit all motorized vehicles, both electric and internal combustion, from the trail. Exceptions would be granted for those with handicaps and disabilities, as well as emergency vehicles.

The only question mark for council members involved the five miles of the trail that lie outside city limits. Members had expressed a desire previously to seek cooperation from county officials on legal continuity with city ordinances and penalties. City officials were less than pleased.

“They (county commissioners) won’t do it (enact a ban) until they start having ATVs on Wolf Creek Park,” quipped city manager Tom Oxley.

“The county may enact a county-wide code on the use of ATVs,” explained city attorney Brian Parsons.

“Fayette County, to date, has not done so. My understanding is that they will not do so in the future. We’re left with no recourse other than to proceed how we want and prohibit ATV use up to the city limit,” Parsons said.

As passed by council, first offense of the ban would result in a fine of no less than $25 and no more than $100, with penalties increasing in severity with each subsequent violation.

In other business, council members:

- Tabled discussion of a proposed doubling of the hotel/motel tax until a future date. Oxley explained that publication is required for any item that involves increasing a revenue source.

A divided council had approved the first reading of the increase, from three to six percent, last month.

Oak Hill’s only two motels, Holiday Inn and New River Inn, would be the only businesses directly affected by such a hike, along with their occupants.

- Authorized Oxley to advertise for engineering services for site development at the Board of Education property near Oak Hill High School that is being sought by the police department for a new headquarters.

- Listened as Oxley reminded everyone that Saturday is the deadline for receipt of Oak Hill Citizen of the Year entries. An announcement of the winner will be made at the Oak Leaf Festival on Labor Day weekend.

- Tabled indefinitely discussion of a proposal to amend the city charter to allow city council members to sit on political action committees.

The issue came to the forefront when council member Dianna Smallwood announced last month that her appointment to the Fayette County Democratic Executive Committee would cease.

According to the charter, no council member or mayor may sit on any other political body. Oxley explained that the state Ethics Commission had previously given Smallwood the green light to sit on the committee without knowing that Oak Hill’s charter prohibits such a move.

Parsons said that, to his knowledge, no other town in Fayette County has such a prohibition.

— E-mail:

mhill@register-herald.com