Council to stiffen ATV penalties


BY JORDAN COHEN

news@vindy.com

NILES

Call it ironic at best or bad timing at worst.

A four-wheeled all-terrain vehicle struck and damaged the rear of a city police car and then fled Tuesday, just one day before council’s vote Wednesday to stiffen penalties substantially for illegal ATV use in Niles.

Police Chief Bruce Simeone said the incident occurred while a patrolman was investigating complaints from residents about ATVs on Summit Street. Simeone said that the four-wheeler, operated by a young man wearing a helmet, emerged alongside railroad tracks near the street and hit the cruiser.

“After he hit it, he went around and kept going at a high rate of speed,” Simeone said.

The chief described damage to the cruiser as minor and said the officer could identify only the type of helmet and the clothing worn by the ATV operator, whom Simeone described as “a young adult.”

The chief said shortly after the incident, police made four arrests for other ATV violations.

The city has had ongoing problems with ATV operators violating laws prohibiting the four-wheelers on city streets for several years. Residents have complained to council that the ATVs often turn up after midnight, especially in the area of Summit Street.

“We have had so many complaints about fires, noise and damage to personal property caused by the ATVs,” Simeone said. The chief, however, has instituted a “no-pursuit” policy whenever riders flee into wooded areas, saying it would be too dangerous.

The legislation that council moved to second reading Wednesday contained even stiffer penalties than council first discussed imposing during a roundtable session last week. Among them:

First offense: $100 fine, three-day jail sentence and the ATV immobilized for 30 days.

Second offense: $300 fine, 10-day jail sentence and immobilizing the ATV for 60 days.

Third offense: $500 fine, 60-day jail sentence and permanent forfeiture of the ATV to police.

“I think it’s long overdue,” said Simeone in reaction to council’s legislation, “and if it’s a juvenile who is responsible, we’re going to cite the parents for permitting an unlicensed operator.”

Council had planned to pass the legislation as an emergency ordinance Wednesday but decided to give it a second reading next week to give the police chief more time to review the changes.