Gypsum Town Council passes new fines in hopes of controlling OHV use on town streets

The Gypsum Town Council on Tuesday took a step toward getting off-highway vehicle use in town under better control, voting 5-0 in favor of an ordinance that attaches fines to the town’s current ordinance.

The current ordinance allows off-highway vehicle users to take their machines from their homes or storage sites to trails or tracks outside of town. But stories abound of people taking their machines to the grocery or convenience store, or taking their kids to daycare or school, or simply running around town. Council member Kathleen Brendza has more than once spoken of youths on dirt bikes using the speed bumps outside her homes as jumps.

The new ordinance attaches fines to violations. A first offense costs $150, with a third offense costing $450. Those fines, plus associated costs, will be paid to Town Clerk Polly Keene.

During Tuesday’s meeting, Keene explained why the fines will be paid through her and not the municipal court. Keene noted that the court meets only one day a month. In April, Municipal Court Judge Courtney Holm handled 43 citations. May’s citation load is 83 cases, Keene said. The new ordinance would only add to that, Keene said.

Is education better?

During discussion of the ordinance, resident Andre Skweir argued against more enforcement, citing an experience with an Eagle County Sheriff’s deputy while parking his machine at his storage unit.

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Skweir told council members there are too many gray areas for both residents and law enforcement.

But Council member Marisa Sato replied that the original ordinance was passed “a long time ago,” (in 2019), adding there are residents who are abusing the ordinance.

The original ordinance was tightly drawn. Off-highway vehicles used on town streets must be registered with Colorado Parks and Wildlife, be properly insured and meet state regulations for proper brakes, mufflers and spark arrestors. The machines must also have operating headlights and taillights.

Riders must also have a current driver’s license and wear helmets if younger than 18. Riders must also use proper hand signals for turning and stopping.

Mayor Pro Tem Tom Edwards told Skweir he didn’t think the new ordinance is for “People like you,” but for “people who are violating the rules.”

Should e-bikes be included?

Edwards added it may be time to address e-bikes in town, noting he sees people often riding on the left side of the street and other violations.

Town Manager Jeremy Rietmann said town officials are in the midst of re-writing that chapter of the town code and are adding language regarding e-bikes.

But, he added, there’s a difference between what can be written into the town code and what can be enforced.

Rietmann noted that off-highway vehicles and some e-bikes are “fast, high-acceleration vehicles” that can be hard to track down.

Council member Bill Baxter said the ordinance is the council’s way of trying to get off-highway vehicle use “back into control,” adding that the next step may be again banning the machines’ use on town streets.

“We need to be the community that polices ourself,” Baxter said, adding that fines and education from fellow users could be a way to do that.

Baxter invited others to sit on his front porch on any random Sunday to count how many side-by-side machines zip by his home at 50 mph or more.

“It’s incredible,” he said, adding that many of those operators don’t appear to be 16. “Hopefully we can get this under control,” he said.