Snowflake council debates allowing dirt‑bike travel on town shoulders, balancing safety and youth access

Residents and councilmembers spent significant time at the June 9 work session discussing off‑highway vehicle (OHV) and dirt‑bike use in town after multiple complaints about riders operating off road and on private property.

Councilmember Byron Lewis said residents have complained about undisciplined riders. Councilmember Travis Kay urged the town to “own the small town feel” and find ways to let kids ride safely in town. Chief Martin explained the legal framework: roadway shoulders are part of the roadway and OHVs must meet state requirements such as registration, insurance and an appropriate driver’s license (Class M for motorcycles); he noted electric bikes cannot be registered through MVD. Martin warned enforcement is difficult and sometimes unsafe and said officers exercise discretion based on circumstances. “Enforcement can’t be the same across the board because there are different situations; officers have discretion,” he said.

Councilmembers discussed designating certain dirt shoulders or routes (for example, shoulders along Centennial or 7th S) for in‑town travel, but staff and others warned of maintenance costs and liability. Gary Fenstermaker cautioned that a designated trail could raise litigation risk if someone were injured. Two residents identified as the Squire brothers asked for greater leniency for kids who are off pavement and riding safely, saying impounding on a first offense sows distrust of police. Councilmember Kay directed the town manager and the town attorney to research options for allowing in‑town travel on dirt shoulders for OHVs; police will continue to enforce state law in the meantime.

No ordinance or rule change was adopted at the work session; the item was left for staff and legal review.