ATVs cause headaches in Trevorton Residents cite problems, want police to crack down on riders

TREVORTON - ATV traffic in Trevorton has been causing residents' tempers to flare for years.

Former Police Chief Degg Stark made it a point to crack down on any ATV-ers zipping through Zerbe Township streets. His efforts seemed to make a difference, for a while anyway.

Now, complaints have begun again. Riders tearing through town are kicking up rocks that ding cars, aluminum siding and businesses. A constant cloud of coal dust and dirt blankets the town. Some residents have asked Chief Robert John to drop the hammer on the riders who rip around the township.

John said police enforcement of any section of the vehicle code is up to officer discretion.

"The easiest way to answer you is this: If you go through a red light or stop sign and you get pulled over by the nice police officer and he gives you a written warning or gives you a verbal warning, by technical definition, yes, you violated the law, because the officer has what's called officer discretion," John said. "He can do one of three things - he can give you a ticket, a written warning or a verbal warning."

John didn't discuss the particulars of Zerbe Township policy on ATVs.

However, at May's meeting of the township board supervisors, John said he was informed by past boards that if the ATVs are riding slowly in town, there's no problem, and enforcement is on a pick-and-choose basis.

According to Pennsylvania Statutes Title 75, Section 7721, it is unlawful to operate an ATV on any street or highway which is not designated and posted as an ATV road by the governmental agency having jurisdiction. Exceptions to this law are during periods of emergency, when declared by a policy agency having jurisdiction, and when it's necessary to cross a bridge or culvert.

John said there are currently no roads designated or posted as ATV roads in Zerbe Township.

The statute also states that local authorities may designate any highway, road or street within its jurisdiction an ATV road, and in its discretion, determine whether or not the road shall be closed to vehicular traffic. If a road is designated as an ATV road, adequate notices of such designation and determination shall be sufficiently and prominently displayed.

Looking into the laws

Supervisor Harry Rebuck said he can only speculate on the laws concerning ATVs, but he noted supervisors were informed by previous boards that if ATV-ers were using common sense, they were not stopped. Rebuck added that the current board only got bits and pieces of information from former supervisors about the law that allows municipalities to designate certain streets for ATVs.

"We are trying to get a handle on the situation," Rebuck said. "We have three new supervisors, and everyone is bombarding us with things. We are three guys who just got pulled from the streets. I can tell you he (John) is not trying to pull the wool over anyone's eyes."

According to Rebuck, after the last meeting, he and Supervisors Michael Schwartz and Mike Mazer talked to the chief, who said he would check into different rules and regulations concerning ATVs. Rebuck said supervisors did this in case they need to make adjustments.

Rebuck said he believes state police override municipal law when they are serving as the prime law enforcement agency covering Zerbe Township.

"You do everything at your own risk," said Rebuck. "If it's not designated, I'm pretty sure the state police do what they want. It's buyer beware."

According to state police Sgt. Sean McGinley, his agency takes ATV activity in Zerbe Township very seriously.

"We've been working with Chief John, dealing with the problems that ATVs bring," McGinley said.

In fact, the state police targeted ATV riding during the Memorial Day weekend and made three arrests for DUIs on ATVs.

"We can't underestimate the impact of alcohol consumption. It exacerbates the problem we already have," McGinley said.

The state police do consider it a problem, since it impacts the quality of life of Zerbe Township residents. Not only that, but the rampant ATV and off-road activity has led to an increase in injuries and overall criminal activity. Just last month, there was a reported rape in the coal hills favored by ATV enthusiasts, McGinley said.

"We will continue to combat it with the means we have. We're just ill-equipped to deal with the scale (of activity that goes on)," McGinley said. "It's like the Wild West. It's very difficult to deal with."

Business owners upset

Wally Paczkoskie, superintendent of Diversifield Construction, Inc., said company vehicles parked near the corner of Carol and 11th streets are being damaged by stones kicked up by ATVs traveling at high rates of speed around the intersection. Packzkosie pointed out several small indentations on a 2010 Ford 150 that he said were caused by ATVs.

Paczkoskie said operators of the ATVs travel down the coal hills at the east end of town and then use Carol and 11th streets to reach 10th Street (which turns into Gap Road). From there, they travel south to the area known as "The Strippins" in Coal and West Cameron townships.

Packzkoskie said there are other routes that ATVs could travel, but he believes they choose to come into Trevorton to annoy the residents.

Packzkoskie said he told by township solicitor Roger Wiest II that if caught, police would prosecute the people causing damage to the vehicles if the victims cam identify them and testify against them=.

"They want me to be a vigilante and stop these guys, so they can arrest them when they do damage to my truck," said Packzkoskie. "Meanwhile, police will sit at the corner of (state Route) 225 and 11th Street, and just wave to (ATV) operators as they go by."

Although Packzkoskie is not happy with local police protection, he is satisfied with the protection state police provide.

"State police do a hell of a job. They do a great job," said Packzkoskie. "They (state police) will catch people running up and down the streets. One day they had 10 or 15 ATVs lined up and were giving them tickets."

Packzkoskie's frustration is also felt by Butch Stiely, owner of Stiely's Garage. The car dealership is located along Route 225, directly north of the massive coal hills. Stiely said his business is suffering because of the noise and dust that hundreds of ATVs create while traversing the coal lands on the weekends.

"These cars constantly get filthy from them riding on this coal bank," said Stiely. "I'm here working all day long, and all this vroom vroom vroom! It's really aggravating and very annoying, and that's the God's truth."

Stiely said when he works on weekends, he feels as if he is in the middle of a NASCAR race. Stiely added he is at the point where all of the dust and noise is almost too much to bear. Although Stiely does get some business from ATVs repairs, he said the money does not outweigh the noise and dust that infiltrates his business.

"It gets that dusty from them, you can see from here up to town," said Stiely. "I wash all 70 of my cars on the lot before the weekend, but by Monday they need to be rewashed."

Stiely places most of the blame on the landowners who allow ATVs to ride on their property and Zerbe Township police for their lack of ATV enforcement.

"He (John) does absolutely nothing," said Stiely. "He sits up here in town and watches the ATVs run up and down the highway because Zerbe Township (supervisors) told him to let them go. What I would like to see is to get them away from me. Get them away from my business."

Following the laws

Only a small percentage of all the riders and outdoor sports enthusiasts who congregate atop the coal banks in Trevorton disregard road rules, according to Sam Cooper.

Cooper, who lives in the southern end of Lancaster County, has been riding since he was 7 or 8. He found out about Trevorton through a website. He spoke to a reporter while sitting on a trailer attached to a pick-up. His Yamaha Raptor 280 was next to him, covered in mud, as were his boots, riding pants, shirt and black-and-white helmet.

Cooper enjoys the freedom, the release of ATVs, he said, as well as the ability to commune with nature. Earlier that day, he'd been on top of a trail and saw a hawk float by on a thermal updraft. Swing over to another trail, he said, and you see a lovely vista, with the entire valley opening up before you to the horizon.

"It's a chance to get out, let loose, do things you can't do on the street," Cooper said.

Cooper stressed the importance of obeying these rules: Stay off the roads, unless you're crossing over to another trail. Don't go zooming up the middle of the road through town.

The Lancaster County man recalled a larger police presence last year, which often removed unlicensed riders from the trails. That's why Cooper and a friend, who make it to Trevorton five or six times a year, picked up permits this year. But most of the riders he saw weren't wearing any.

Cooper said he tries not to concern himself with the actions of others, as long as it doesn't hurt him or his friends.

"But that's what's going to end up happening," Cooper said. "It's going to affect me."

Dustin Zitch, of Harrisburg, and Johnnie Miller, of Elizabethtown, said they haven't heard any complaints from residents. But like Cooper, the duo stays off the roads, only hitting macadam to get to other trails.

The pair were loading Zitch's Honda 400ex Sportrax into the back of a pick-up. Zitch had his helmet pushed back on his head, his jaw and neck covered in a fine coating of mud. Miller's face was black, except for around his eyes, his teeth standing out in stark relief when he smiled.

Zitch and Millerheard of Trevorton through word of mouth. Zitch has been riding ATVs for 20 years, since he was 5 years old. Miller's a relative neophyte, having ridden for only two or three years.

In fact, it was Miller's first trip to Trevorton. He'd been manning a hunter green Yamaha Rhino, which looks like a military-grade, all-terrain golf cart.

"It's big, nice. It's an interesting trip," Miller said of the coal banks. "It's challenging."

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