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Ely adopts tighter limits on under‑age and instruction‑permit OHV driving within city limits
Summary
After a public hearing, the Ely City Council unanimously approved an ordinance amendment removing permission for instruction‑permit drivers and minors under 16 (even with adult supervision) to operate off‑highway vehicles on city streets; supporters cited safety and enforcement concerns, the sheriff described discretionary enforcement practices.
The Ely City Council on July 25 approved second reading of Ordinance 758, an amendment to Title 6, Chapter 12 governing off‑highway vehicles (OHVs), removing language that had allowed drivers with instruction permits and minors under 16 operating with adult supervision to drive OHVs within city limits.
The change followed a public hearing in which some residents urged restraint. "It's more of a parenting issue," said Mitch McVicars, who said his children ride in town; others warned that some operators lack required lighting and safety equipment. Carl Jackson asked whether the ordinance language covered side‑by‑sides, ATVs and motorcycles; the council and staff said the ordinance scope was intended to cover OHVs and UTVs broadly because many do not meet normal vehicle lighting standards.
Sheriff Scott Henriod said deputies exercise discretion for beneficial community activity — "If there was a kid with a lawnmower in the back going somewhere, that would be like…more power to you" — but noted that unlicensed, uninsured or dangerous operation can lead to citations. The sheriff explained the department logs contacts and warns first; repeat contact typically leads to citation under current law.
Mayor Nathan Robertson and council members said the amendment does not ban youths from riding off‑road areas but restricts their operation on city streets where they mix with traffic. A motion to approve the ordinance's second reading passed unanimously.
What happens next: the ordinance took effect following the council action and staff will coordinate enforcement with law‑enforcement partners; the record indicates the city will rely on DMV licensing categories and sheriff discretion to guide on‑street enforcement.
