The Times - Serving Waitsburg, Dayton and the Touchet Valley

DAYTON – Dayton took the first step in a move toward allowing wheeled all-Terrain vehicles, or WATVs, on city streets at a public hearing in the St. Joseph’s Catholic Church Parish Hall on Monday night.

City councilors approved the first reading, by title only, of an ordinance allowing licensed drivers 16 and older to operate WATVs on city streets with a speed limit of 35 miles per hour or less. Councilmember Kathy Berg opposed the ordinance.

Such a move would put the city in line with Washington as a whole, which made wheeled all-terrain vehicles legal on public streets in 2013. Most rural roads in the state are automatically included in the bill that legalized these vehicles, but cities retained the right to regulate the application of the law.

Where allowed, WATVs must be registered through the Department of Licensing and meet all of the same safety measures required by street-legal motorcycles, including (depending on the type of WATV) a head lamp that operates all of the time, a tail light, stop lights, reflectors, turn signals, brakes, mirrors, horn, spark arrester and muffler, windshield and seatbelts.

Although more than 25 citizens attended the hearing Monday, only two spoke in reference to the proposed ordinance, which faces two additional public hearings before city leaders will decide whether to enact the ordinance as law. The second public hearing will be at a special meeting at 6 p.m. on Monday, July 27, in the Catholic Church Parish Hall.

Dayton resident Jeff Turner told city councilors he was pleased with the ordinance and the city’s willingness to entertain the idea of allowing WATVs on city streets. He had a few concerns with the language of the proposed ordinance, however, including access to Highway 12, insurance requirements and the towing of trailers.

The ordinance, as presented on Monday, does not allow wheeled all-terrain vehicles to operate on Highway 12, which includes all of Main Street, except to cross from one city street to another, or to cross the Main Street Bridge over the Touchet River to access both sides of town. Turner wondered why the city was barring WATVs from Highway 12.

City Clerk Trina Cole stated that at the time the ordinance was drafted, the city had not been able to reach the state Department of Transportation to ensure the use of WATVs on state highways was permissible. They had since learned, she said, that it was allowed if the city okayed it.

Councilors Delphine Bailey, Dain Nysoe and Arthur Hall said they supported the use of WATVs on all city streets with speed limits of 35 mph or less, including the highway.

This portion of the draft ordinance will go back to the city’s public safety committee for possible revision, Cole said.

Turner’s second concern was the requirement, per the city’s draft ordinance, that WATV drivers carry the Washington state minimum required liability insurance for street-legal wheeled vehicles. He said he was worried it would be a burden – and a potentially unexpected problem – for visitors who would not realize they had to carry the insurance. Washington does not require motorcycle operators to carry liability insurance.

“I don’t think it’s going to hinder that many people from coming to our community,” City Councilor Bailey said. Councilor Nysoe concurred, stating most people are covered via their automobile insurance anyway and would likely want expensive recreational vehicles protected.

“It’s not just to protect them either,” Cole said. “It’s to protect the citizens of the community as well.”

Whatever the city decides to do with WATV insurance requirements, the penalty for violation of any part of this ordinance would be a ticket not to exceed $250.

Dayton resident and WATV supporter Matt Wiens, who works as a local county deputy, requested clarification of this and was assured that anyone caught driving a WATV in Dayton without the required insurance would not receive the normal infraction for operating a vehicle without insurance, which is a penalty exceeding $500.

Turner was also concerned with a section of the ordinance that does not allow WATVs to operate anywhere outside of city streets. “Can we amend that to read, ‘Unless plowing snow?’” he asked. He stated that WATVs are already used in this function. Councilor Hall stated this was damaging to sidewalks. Mayor Craig George stated it would be considered by the safety committee.

Finally, Turner wanted the city to consider amending the ordinance where it stated that WATVs could not tow anything. “A lot of people tow trailers with camping gear,” he said. George stated this would be considered for revision as well.

Wiens, in his brief speech to city leaders, agreed with the changes recommended by Turner and also applauded the council for moving toward legalization of WATVs.

Nobody from the audience spoke in opposition to the ordinance.