An ordinance permitting ATV traffic on designated city streets was unanimously adopted Wednesday night during a special called meeting of the Evarts City Council.

First read during the council's regular monthly meeting on Tuesday night by city attorney Kellie Wilson, the intent of the ordinance, according to Evarts Mayor Burl Fee, is to allow legal usage of certain streets located within the municipality for ATVers who want access to the Black Mountain Recreational Park.

“This ordinance makes it legal to ride (ATVs) in the city of Evarts,” Fee said, “Plus, it provides access to the Black Mountain Recreational Park.”

The second reading was held Wednesday night, which was followed by a unanimous vote and official adoption.

The designated streets named in the ordinance include Hollingsworth Street, Nolan Street, McLain Street, Bridge Street, Bell Street, Harlan Street, Walnut Street, Sargent Street, Jordan Lane, Kelly Street, David Turner Lane, Lewis Street, KY 38 and KY 215.

“They can ride on these streets,” Fee said. “But they will still have to follow Kentucky laws, like wearing helmets.”

Council member Preston McLain, who's also the president of the Harlan County Ridge Runners ATV club, called the ordinance “a good thing.” He said the council has been in contact with the Kentucky Department of Transportation for several months, trying to come up with a legal solution for ATVers to get to the park. Finally, he said, with the state's help, proper wording is now in print in the form of an official ordinance.

“This ordinance will help in controlling (ATV) traffic on our city streets,” McLain said. “ATV riders must know that they still have to observe Kentucky laws, like wearing helmets and obeying stop signs and traffic lights. This doesn't allow us to turn over the streets to ATVers to run helter-skelter.”

State restrictions on operating ATVs on public highways include wearing helmets, having supervision if 16 years of age or younger, riding only during daylight hours, and having at least one headlight and two taillights which should be illuminated at all times. Complying with all applicable traffic regulations is mandated, as well.

McLain added that the ordinance will not only protect the city and its residents, but it will also keep people coming back.

“We're trying to be copied all over the state,” McLain said in reference to the county's off-road park. “They might can copy what we've done, but they can't copy our people.”

Some council members asked the mayor if the ordinance could be amended in the future, to which Fee responded yes.

“This ordinance has been well needed,” Fee said. “Two to three weeks from now, or two to three months from now, we'll probably see improvements needed for it, but it's a start.”

Evarts Police Chief Lupe Blas also pointed out that just because certain streets in Evarts are now designated for ATV usage doesn't mean this applies in other cities.

Blas also informed council members during Tuesday night's meeting that the recent issuing of “friendly” courtesy notices for ATV riders caught not wearing helmets was proving to be effective.

Blas' department began issuing the courtesy notices in mid-July and since then, according to the police chief, over 30 notices have been handed out.

“We're seeing a big increase in people wearing their helmets,” Blas said. “A large portion of the people not wearing their helmets are visitors.”

Blas said many visitors coming to the area to ride the off road park are saying that they are being misinformed by local rental owners who are advising them that not wearing helmets is permissable. Blas said there's also been some confusion surrounding a recent law that mandates children 16 years or younger to wear helmets on both public and private lands.

“Visitors not familiar with Kentucky laws are coming here, and many of them think that wearing a helmet is only for those 16 years or younger,” Blas said. “So, we give these friendly courtesy notices as a means to properly inform the public. Wearing helmets is a must for everybody any age on public roads.”

Blas also said his department will soon begin issuing tickets. The courtesy notices, he said, was a way to get locals as well as out-of-town visitors, “prepped.”

“The time is coming when the courtesy notices will stop and the ticketing will begin,” he said. “We could start now, but we're just trying to get everybody prepared now and informed about the laws.”