Painesville council adopts emergency ordinance banning ATVs, off‑highway vehicles on city streets and property

Painesville City Council voted on May 19 to adopt an emergency ordinance amending Section 346.03(a) of the Painesville Code of 1998 to make it unlawful to operate snowmobiles, off‑highway motorcycles and all‑purpose vehicles on city streets and on property owned or leased by the city.

The ordinance was introduced, discussed and adopted under emergency procedures so the prohibition could take effect immediately. Council members recorded their votes in favor at the meeting, and the ordinance now carries the city’s misdemeanor penalty and enforcement tools identified by staff.

Why it matters: Council members and staff said recurring complaints from neighborhoods — particularly Heisely Park and segments of West Jackson Street — prompted the change and the push for quick passage. Residents and council voiced safety concerns about riders using streets, parklands and other publicly owned parcels.

What the ordinance changes: The measure adds subsections to Section 346.03 to cover off‑road vehicles on city roadways and on city‑owned property such as Recreation Park. City staff said the language aligns Painesville with recent updates in Cleveland and Euclid and is intended to clarify enforcement authority on public property.

Discussion and limits on private property: Law Director Lyons and the city’s police representatives told council that the ordinance governs public streets and city property only, not lawful activity on private lots. Law Director Lyons said, "People are allowed to ride ATVs on private property. The only control that the city has in that situation is that there's noise violations or dust violations or some other aggravation over and above the vehicle itself." The police chief added that "there is a stipulation that on private property, without the permission of the owner, we can cite under A2 of this ordinance," meaning operators on private land without the owner’s consent could be cited.

Enforcement and penalties: City legal staff said violations of the new subsection will be charged as a fourth‑degree misdemeanor, and judges retain discretion over penalties. Staff also noted existing avenues for residents — noise complaints measured by decibel meters, trespass enforcement where no‑trespassing signage is present, and potential zoning or nuisance remedies when private land is used for a racing‑style activity.

Follow‑up actions and council direction: Several council members asked staff to return with more information about private‑property options, noise enforcement and possible zoning remedies for strips of land being used for repeated ATV activity. Council directed zoning and police staff to investigate reported problem sites and to prepare background and enforcement options for further council discussion; the item will remain on the city’s unfinished/old business list for follow‑up.

Public input and context: An email from Ray Sternoff, a Heisely Park board member at large, had been read into the record before discussion; it asked the council to clarify whether dirt bikes, ATVs, go‑karts and golf carts would be covered and expressed residents’ safety concerns. Council and staff clarified that the ordinance as written covers dirt bikes/ATVs and similar non‑licensed off‑road vehicles on public property and streets, but does not address licensed golf carts or some other vehicle classes covered by separate ordinances.

What’s next: Staff said they will regroup to prepare a presentation for council on private‑property remedies and on options to strengthen noise enforcement (including decibel measurements and timing restrictions) and zoning responses. The council did not attempt to extend the ban to lawful private‑property use at this meeting.