DaytonDailyNews.com

TIPP CITY — Tipp City has banned all purpose vehicles, off-highway motorcycles and snowmobiles from residential properties of less than three acres.

The ban, approved Monday, May 19, gives police a tool for dealing with calls about noise and dust, city officials said.

An exemption allows using the vehicles for an agricultural or utility-type purpose such as plowing snow, cutting grass or pulling attachments. The vote was 5-1.

The council has been looking at possible regulations for several months. The original proposal would have banned the vehicles on residential properties of five acres or less. The proposal was drawn up following complaints last summer from the Windmere subdivision about off-road vehicles causing noise, fumes and dust.

Council President Pat Hale voted against the ordinance, saying he found no evidence of a problem that required making a new law. As far as he can tell, only one person complained about the vehicles, he said.

"It's not something we're really having a problem with in the community," Hale said.

"I see a need," Councilman George Lovett said.

He said he witnessed the conduct of an ATV rider that sparked last year's complaints.

Police Chief Tom Davidson said the vehicles covered by the ordinance already are prohibited on city property and in city parks. When asked by Hale if the ordinance is necessary, he said he thinks there is a need.

Davidson said when a resident complains about being bothered by noise or dust from an ATV or other vehicle, there is nothing police can do under existing laws. Using disorderly conduct laws was suggested, but "you really have to read a lot into that specific section," to make it apply to the vehicles, he said.

The penalty for conviction on an ordinance violation is a fine of $50 to $500 and up to 30 days in jail.

The ordinance specifically prohibits using the vehicles on lots of less than three acre if:

Operation causes noise "plainly audible" from 50 feet or more away.

Causes dust to accumulate from operation of the vehicle that is visible from 50 feet or more.

Causes damage to the lot, such as root, holes or grooves.

Contact this reporter at (937) 225-2292 or nbowman@DaytonDailyNews.com.

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