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The Burleigh County Commission is tightening regulations for off-highway vehicles by using its updated home rule charter.

The new regulations are needed due to OHV drivers using the roadside right-of-ways to race, jump and drive recklessly, according to commissioners. OHVsinclude dirt bikes, snowmobiles and all-terrain vehicles.

The roadside right-of-ways are the area between a road and a propertyline.The area is usually a ditch.

The commission approved the first reading of the ordinance last month on a 4-1 vote. Commissioner Steve Schwab, the dissenting vote, did not speak on his decision.A public hearing will be scheduled in the coming weeks.The commission will vote on final approval following the public hearing.

The proposed ordinance would:

Proposed fees for breaking the rulesare still being determined, according County Planning Director Mitch Flanagan.

Burleigh residents last November narrowly approved a new draft of the countys home rule charter that allows the County Commission and county residents to adopt ordinances. The measure was prompted in part by the OHV issue.

Commissioner Brian Bitner last month said that "dirt bikes and all-terrain vehicles were jumping approaches," and Schwab said that he sees "young kids out there in the ditches -- no helmet, they can't be over 10 years old."

The reckless use of OHVs also is causing ruts in the right-of-ways that the Highway Department has to fix.

"We're spending some money on it but not a lot," County Engineer Marcus Hall said. "We've been working with this for many years, and I have no good solutions for repairs in ditches due to all-terrain vehicles."

Cracking down onyoungriders is difficult due to search and seizure laws, according to Burleigh County Sheriff Kelly Leben. Riders can be stopped only if they are breaking a law.

"A lot of times what we encounter is young people with helmets on. And so from a legal standpoint we can't just stop people -- that's a Fourth Amendment seizure under the United States Constitution," he said.

Leben said that the State's Attorney's Office and Sheriff's Office worked closely to ensure that the ordinance is balanced and enforceable.

"This ordinance will cover all of Burleigh County, so the laws that apply to a legal juvenile riding in a ditch in the outskirts of Bismarck will also apply to a farmer moving cattle," Leben said.

Exceptions are to be granted to Burleigh County employees.

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Burleigh County weighs OHV ordinance to crack down on reckless ... - Bismarck Tribune