Published: August 16, 2007 09:38 pm      

County officials weighing both sides of Windmill Gap ATV controversy

PRINCETON — Residents of the Windmill Gap area said they are constantly harassed by irresponsible ATV riders while local business owners depending on ATV traffic said only a small percentage riders cause trouble. Concerns from both sides of the issue were heard Thursday during a public hearing before the Mercer County Commission.

Angry voices were raised occasionally as county commissioners heard residents explain their concerns, but participants kept feelings in check as they outlined their points of view.

“In April 2006, members of the Windmill Gap community addressed the commission about problems with ATVs and dirt bikes,” Larry Davidson of Rock said, “In February we presented the commission a petition to stop the traffic.”

Noise and other ATV issues trouble the residents constantly, Davidson said.

“We have problems because of safety, insurance, speeding and being unable to hold church on Sundays because we’re unable to hear. We’ve had indecent expressions made to different residents when they asked them [riders] to slow down. They go on property and tear up property,” Davidson said.

Numerous ATVs pass through the community at one time, said one home owner.

“I’ve counted 20 four-wheelers going by my house. That’s going back and forth, back and forth, and that’s three or four o’clock in the morning,” said Johnny Hazelwood of Route 2, Rock.

Another resident, Linda East of Rock, told business owners attending the hearing that the community was not trying to stop visitors from hauling ATVs in trailers so they can reach trails. The hope was to keep the riders from taking their ATVs onto the paved roadway.

“We’re not trying to ruin your business,” East said. “We just want peace of mind for us. They come into our yards, and this has been going on for two years straight. The only solution is to get them off the road, and if we have to we’ll go to Charleston.”

One store owner, Roger Hodges of Rock, said most ATV riders are responsible, but there are 10 percent who cause trouble.

“Are you going to penalize that 90 percent who don’t do that?” Hodges said. “I know how they aggravate people, and we tell them to keep the speed down; of course, you’ve got that 10 percent who won’t listen. Most of our trouble is from local four-wheelers. The people from North Carolina don’t drive 100 miles to tear up property.”

Gary Bailey, who owns another business catering to ATVs, said he “would gladly let commissioners come up any day of the week” to see riders’ activity at Windmill Gap.

“I would extend that invitation at my home, too,” Davidson said.

Sheriff Danny Wills said his department responds to calls at Windmill Gap when an officer is available.

“If they’re having any problems, they need to call us and we’ll do our best with whoever is available at the moment,” he said.

The ATV problems being seen in Mercer County are found in every county in West Virginia, said Chief Deputy D.B. Bailey. One possible way to address irresponsible ATV use is to require owners to register their vehicles. As of now, ATV users do not have to have inspection tags or licenses. Law enforcement has no authority over ATVs other than traffic violations such as driving under the influence, reckless driving and speeding.

County Commission President Joe Coburn said the commission had not decided what action to take. Prosecuting Attorney Timm Boggess was checking the state code to determine what could be done to address the issue and see whether another public hearing is needed.

Coburn said that he and the other commissioners have visited Windmill Gap several times. Most activity seemed to occur on weekends, but he said he had not been there during a holiday.

“We’re trying to weigh both sides of it,” he said.

— Contact Greg Jordan at gjordan@bdtonline.com