Recently, a man with a 4-wheeler comes up to our private road, and does donuts in the dirt.  Over time, his joyriding is causing our road to deteriorate and will likely force us to bring in more gravel to fix it.

My question is, A) can the police do anything about this, and B) if not, how do we go about getting this guy to cut it out?

Betsy Connor Bowen wrote:

John Blunda wrote:Recently, a man with a 4-wheeler comes up to our private road, and does donuts in the dirt.  Over time, his joyriding is causing our road to deteriorate and will likely force us to bring in more gravel to fix it.

My question is, A) can the police do anything about this, and B) if not, how do we go about getting this guy to cut it out?

If it's a public easement, he can. Is it?

We've spoken with a law enforcement official.  He says the police can only become involved if the road is POSTED as a public way.  Its not enough to just have the road sign; you need a PUBLIC WAY sign as well.  He told says it also has to be posted in in a conspicous area.

Once all of this is done, the next time the guy comes back, we can actually have him charged with trespassing, should we push it that far.

John wrote:We've spoken with a law enforcement official.  He says the police can only become involved if the road is POSTED as a public way.  Its not enough to just have the road sign; you need a PUBLIC WAY sign as well.  He told says it also has to be posted in in a conspicous area.

Once all of this is done, the next time the guy comes back, we can actually have him charged with trespassing, should we push it that far.

That sounds backwards to me.  If your road isn't a public way, and it is posted to the effect of "Private Road - No Trespassing", then I would think the police could charge him with trespassing.

On the other hand, if it is a public way, then he does have the right to be there, and could not be charged with trespassing.  But assuming that the public way is intended as a motor vehicle roadway, I would think that an ATV would not be permitted to operate there, as it is not a street-legal vehicle.

I say just post the No Trespassing sign and see what happens.  If he ignores the sign. tell him you're calling the police to have him arrested. That should encourage him to ride elsewhere.

John Blunda wrote:

Todd Tolhurst wrote:

John wrote:We've spoken with a law enforcement official.  He says the police can only become involved if the road is POSTED as a public way.  Its not enough to just have the road sign; you need a PUBLIC WAY sign as well.  He told says it also has to be posted in in a conspicous area.

Once all of this is done, the next time the guy comes back, we can actually have him charged with trespassing, should we push it that far.

That sounds backwards to me.  If your road isn't a public way, and it is posted to the effect of "Private Road - No Trespassing", then I would think the police could charge him with trespassing.

On the other hand, if it is a public way, then he does have the right to be there, and could not be charged with trespassing.  But assuming that the public way is intended as a motor vehicle roadway, I would think that an ATV would not be permitted to operate there, as it is not a street-legal vehicle.

I say just post the No Trespassing sign and see what happens.  If he ignores the sign. tell him you're calling the police to have him arrested. That should encourage him to ride elsewhere.

I must apologize...I meant to say PRIVATE way.  That's what I get when I write these when I first wake up :)

Regardless, I am only passing on what I've been told from the official.  This is a private way, and unauthorized attendance on said property can result in a summons.

I now have some signs that say "Private Property - No Trespassing".  If there are any updates, I'll let you know.

WHEW.