By Tommy Acosta
Sedna, AZ –Predictably, the Sedona City Council at its September 12 meeting, failed to arrive at any consensus or take action on a possible Off Highway Vehicle Volunteer Agreement or the resurrection of a proposed ordinance regulating such vehicles on city streets.
Obviously, without the threat of perceived “unsafe” OHVs being banned on city streets hanging over their heads, there is no longer impetus for these companies to volunteer to any city-imposed restrictions or requirements.
We should not be surprised that with that cat out of the bag, the volunteer OHV companies will simply now pull out. Why bother if the ordinance is a toothless tiger?
The ordinance is dead. The council has lost its appetite for a three-or-more year legal battle between the city and the OHV business owners, a fight the city would handily lose.
The volunteer effort is kaput. Though interesting and fueled by emotion, it’s all been a waste of time.
One volunteer OHV operator made it clear at the meeting their business has already lost employees afraid they would lose their jobs if a ban went into effect; lost money and time preparing for the volunteer agreement requirements.
With the city vacillating on a date to officially finalize the agreement, the effort to do so has become a dead end for all parties involved.
Perhaps it was a noble effort on the part of the council to protect the safety of the community, considering there were at least four OHV non-fatal accidents over the last three years but with heavyweights like the Goldwater Institute and a Republican dominated state legislator waiting in the wings and spoiling for a legal fight, the council did the right thing by chickening out.
Despite the possibility that the city would lose in a legal battle to the aforementioned heavyweights, Sedona Mayor Scott Jablow still feels the city is doing the right thing and making progress.
“The proposed city ordinance regulating unsafe vehicles, like OHVs, led to many valuable and broader discussions with local OHV rental companies, the US Forest Service, and the Greater Sedona Recreation Collaborative,” the Mayor said in response to this editorial. “I feel very strongly that the City has a right to restrict unsafe vehicles on our city streets, and even ban OHVs from city streets, but through those discussions, I believe our residents are best served by compromising, if possible, with the four OHV rental companies in our city rather than litigating the proposed ordinance.
“While I have issues with the mechanical worthiness of OHVs on public roads, the compromise offered by Outback ATV, Sedona / Red Rock ATV, Safari Jeep Tours and Sedona CanAm reduces those issues and even offered improvements in areas the proposed city ordinance did not regulate like quieter mufflers and support for a US Forest Service permitting system.
“I trust the OHV rental companies will fulfill the terms of their voluntary commitment to the City Council, but should they not implement their promises, the City Council will revisit the proposed ordinance.”
The city attorney obviously put a lot of time and effort into crafting the ordinance to Council specifications. Hours and hours of work had to have been put into it.
The ordinance may have been seen as air-tight to some but the truth is it was a leaking balloon right from Jump Street.
Volunteer groups worked hard to meet the concerns of residents affected by OHVs running through their neighborhoods and the volunteer OHV companies bent over backwards, but still too many loose ends in the agreement could not bring the council to a consensus.
At this point the city needs to forget about the OHV fiasco and concentrate instead on bringing tourism back to Sedona.
3 Comments
Amen – a campaign promise that was not thought thru and headed for failure before it was made.
Oh those poor OHV rental companies! So sad they have lost a couple grand of pure profit since the issue of safety was presented by the Mayor. Perhaps the city should just focus on wreckless OHV operations and charge 100% of any and all first responder and recovery expenses used to respond to OHV accidents/incidents, property damage which includes but is not limited to roadways (where operators frequently do doughnuts), Jeep roads and any and all areas not designated for off road vehicles.
Unfortunately, AZ tax payers pre pay for idiot rescues with taxes. Many other countries and states make the idiot pre pay for their own rescues and some even require prepaid funeral expenses.
The city should also encourage anyone who is victimized by unlawful OHV operators to initiate legal proceedings against the rental companies and OHV manufacturers whenever applicable such as OHV-street legal motor vehicle accidents, equipment failure accidents etc.
Also curious about who if anyone is insuring that said rental vehicles are safe and roadworthy after being hot seated multiple times in a day without inspection occurring between users. Only thing I witnessed was a quick visual to check for obvious damage and a quick refuel and the next operators were on their way.
Who regulates these companies beyond them obtaining their business license and vehicle tags/permits?
Lastly, is it unreasonable to expect all rental OHV’s to be clearly marked visible from all sides (and above for law enforcement purposes) with Rental Company Name, Rental Company Phone# and a Vehicle ID# ? This would aid in identifying operators who violate the rules, regulations and laws pertaining to safe and lawful vehicle operation. Seems to me any easy law to pass.
Focusing on tire type even though they may destroy city and state improved roadways and determined unsafe for improved roadway use by DOT is petty but law enforcement uses such tactics to go after violations of motor vehicle code on a daily basis when they have nothing else to go on.
Just because the city has yet figured out how to regulate a seemingly very unregulated industry does not mean they are in the wrong nor does it give way for anyone to do as they please. There are ample laws on the books which could be used to ensure safe operation of these vehicles within city limits and beyond.
OHV rental companies are the most hated business in Sedona AND THEY KNOW IT !
In the past this was a quiet town; now we are overrun with tourists and OHV noise.
I call this NOISE POLLUTION and it is dangerous to your health !
OHV rental agencies could have put mufflers on the vehicles long ago; instead they said, ‘What we are doing is legal.’
Let the City Council take action !
Guy Lamunyon
KEEP SEDONA QUIET