Council adopts ordinance allowing seizure and impoundment of illegally operated ATVs, members raise concerns about language and disposition

The Norfolk City Council adopted an ordinance on Jan. 28 adding a new section (25‑180) to the city code to provide for the seizure, impounding and disposition of unlawfully operated all‑terrain vehicles (ATVs) and off‑road motorcycles pursuant to Virginia Code § 46.2‑915.1.

The ordinance, introduced as R1, drew public support and concern at the council meeting. Remington Feidehir (listed in the record) and other speakers urged adoption, saying illicit ATV and dirt‑bike operation on streets and sidewalks creates public‑safety and quality‑of‑life risks. Feidehir told council the ordinance would help law enforcement remove dangerous vehicles from circulation and referenced tragic crashes he had seen.

At least one public commenter, Alton Roberts, said he supported action but worried about language in the draft ordinance that would permit seizure “on the direction of a police officer or other person authorized to enforce the provisions of this article.” Roberts warned that a vague “other person” designation could enable private citizens to seize equipment and provoke confrontations.

City attorney Bernard Pishko (identified in the record) explained that the draft language mirrors state statute provisions and noted that when the city authorizes non‑police enforcement—for example, contracted code‑enforcement officers, sheriff’s deputies or other designated agents—the state and local procedures include safeguards and training requirements. Pishko said the city could clarify the ordinance language by specifying “other person[s] authorized” or “authorized agents,” and council directed staff to add clarifying language before final publication.

Council members emphasized public‑safety goals while also asking how confiscated vehicles would be handled. Councilman Page asked whether impounded bikes would be auctioned back into circulation; staff said state law and existing procedures limit the city’s ability to destroy seized vehicles, and disposition often follows statutorily prescribed processes. Several council members and public speakers suggested that legislative changes at the state level would be required to permit other remedies.

After discussion, council dispensed with the charter reading requirement and adopted the ordinance. Members who spoke in support said it gives police and other authorized personnel a tool to address unlawful ATV operation; members who raised questions sought clearer drafting on who may be authorized and expressed concern about enforcement practices.

The ordinance text referenced Virginia Code § 46.2‑915.1 as the statutory authority cited in council discussion. Council directed staff to revise draft language to clarify that seizure must be by police or expressly designated authorized agents, and to coordinate implementation details with appropriate enforcement bodies.