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Darlington council OKs ATV code change
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DARLINGTON - At the beginning of the month, Darlington City Council members took advantage of a law recently passed by the state to open city streets to recreational vehicles as part of a longstanding effort by ATV/UTV enthusiasts.

Darlington Police Chief Jason King was one of the people who advocated for more available access to riders.

"I think it's a good thing for our community and I think it's a good thing for the people of our community," King said.

He noted the people who ride recreational vehicles in the area are average individuals who want to spend time outdoors. Before the code change, some enthusiasts were required to load their ATVs onto a trailer simply to cross a bridge or drive half a mile, which made the process unnecessarily challenging, King said.

"It didn't seem logical to make it difficult for them," he said. "I'm glad they're able to do that now."

Act 87 was signed by Governor Scott Walker Dec. 4, stemming from Senate Bill 392, legislation which allowed municipalities to create local laws overriding a state prohibition of ATV and UTV riding on state highways. The bill was authored by Wisconsin Sen. Howard Marklein, R-Spring Green, and joined by Assembly Bill 485, written by 51st District Rep. Todd Novak, R-Dodgeville, which received voice vote by fellow members before reaching the governor's desk.

King advocated to both lawmakers about the problems the city faced. Initially, he took advisement from council members to contact the state Department of Transportation in late 2016 but was denied months later. He spoke at the state Capitol in October about the issues he estimated roughly two dozen residents faced.

Once the law passed allowing local governments to write laws surpassing the state prohibition, the Darlington Ordinance Committee discussed a code change at length during its Jan. 23 meeting. The change was drafted by City Attorney Bill McDaniel upon recommendation from committee members.

Members of the Tri-County ATV Club spoke during the public comment portion of the council meeting Feb. 20, but because McDaniel had not yet finished the code rewrite, it was not listed as an agenda item to be discussed by members. The club's president, Dick "Fuzzy" North, was present for the Ordinance Committee meeting March 6, raising questions about the specifics of the law.

Changes include the allowance of ATVs on all city streets, with the exception of one area. King said a three-lane section of Wisconsin 23 near Wis. 81 will remain closed to ATV riders because of the intersection's crash history.

A previous provision allowing riding only during the times of year that the Cheese Country Trail was open was eliminated as well.

Darlington council members approved the code change on a 5-1 vote. Alderman Dave Gough had previously said he would not vote for the measure because of safety concerns over narrow streets within the city and voiced the sole no vote. Fellow council member Cynthia Corley moved to adopt the change, and Don Osterday, Steve Pickett, Erin Gallagher and John Sonsalla voted in agreement.

King said that while he understands safety concerns and "is not naive about" what sort of issues could arise if riders or drivers engaged in unsafe behaviors, he also has confidence that the 20-year history of no accidents by responsible drivers will hold up under the law change.

"Our whole process has been slow, methodical," King said, noting numerous exchanges took place between proponents and opponents. "We have whittled away at all of the safety concerns. This has been two decades in the making."

Additional provisions in city law stricter than those at the state level, such as requiring all riders to have a valid driver's license, will bolster a safer environment, he added.

The city has published its ordinance for the public. King said the Tri-County ATV Club and the Tri-County Trail Commission still need to post signs along the roadways, but "once that's done, they will be open, legal trails."



- Brian Lund of the Darlington Republican Journal contributed reporting to this story.