Trespassing calls about off-road vehicles on the increase

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April 10, 2009

Frank Denzler The Rushville Republican Fri Apr 10, 2009, 09:15 PM EDT

In recent weeks the Rush County Sheriff’s Department has received an increase in the number of calls reporting individuals trespassing on private property while riding ATV’s or dirt bikes.

The calls have caught the attention of not only Rush County Sheriff Jeff Sherwood but also DNR officer Gary Catron.

“Trespassing is such a common complaint. Landowners are upset at the lack of responsibility of those individuals using ATV’s and not gaining prior permission before riding on their property,” Catron said.

According to Sherwood, each spring the number of complaints about the popular mode of transportation have increased.

“People frequently will purchase an ATV or dirt bike and then realize they have no place to ride it so they just go where they want, and that is the problem in a nutshell,” the sheriff said.

One of the most common areas of concern and complaints is near Flatrock River south of Rushville.

“Basically, all areas along the river where people could and can ride is private property. There are also liability issues and, in some cases, even erosion issues to consider,” Catron said.

According to the DNR officer, the property owners do not want their property damaged or the liability that goes along with someone getting hurt while riding without permission.

“Trespassing fines can vary and they can increase if criminal trespassing is found to be the case, but really it is less about the fines. We just want to make people aware that without permission they just can’t ride on someone else’s property,” Catron said.

ATV’s can only be ridden between sunrise and sunset. Also, in keeping with a Rush County ordinance, in order to ride an ATV on a county road the operator must be a licensed driver and the ATV must be registered with the Department of Natural Resources.

It is against the law to ride on a state road or highway, although individuals may cross a state road or highway while operating an ATV.

Authorities also encourage off-road enthusiasts to take advantage of available safety gear.

“I would strongly urge individuals to wear a helmet and protective gear when on these types of vehicles. In the past two years we have had a number of individuals sustain serious head injuries during accidents. Accidents can happen anywhere and anytime,” Sherwood said.

Both Sherwood and Catron agree that trespassing for any reason is not a good idea.

“Riding on someone else’s property is an ongoing problem. Regardless of age, individuals need to be held accountable for their actions. It is important to gain permission before riding or looking for mushrooms or even fishing or hunting on someone else’s property. Just because there aren’t any ‘No Trespassing’ signs up does not mean you can go onto private property,” Sherwood said.

Frank Denzler can be contacted at (765) 932-2222 ext. 106 or via e-mail at frank.denzler@rushvillerepublican.com. To add a comment to this story visit our Web site at www.rushvillerepublican.com.

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