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York and Lancaster Counties Rock Hill - Fort Mill - York - Tega Cay - Lancaster
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Old 09-14-2012, 04:14 PM
 
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Hello,
I live on a road just outside city limits. I've lived in this location for about 7 years. It's always been a quiet, peaceful neighborhood. That is until some neighbors moved in a few months ago. Now all you hear is loud dirt bikes and 4 wheelers all day and night until around 11 or 12 at night. Doesn't matter if it's a school night or a weekend. It wouldn't be so bad if they at least rode through the woods around here but they just go up and down the main rd. They have no concern what so ever for the cars or the small children that play outside. I was just wondering if anyone knew the local laws regarding riding ATVs on public roads or just having to hear noise till midnight every night?
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Old 09-15-2012, 10:05 AM
 
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I would imagine that they're not supposed to be doing that, particularly at night. I'd call the non emergency # for the RH Police or York County Sheriff and see what they say.
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Old 09-17-2012, 01:55 PM
 
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I have this same problem where I live, next time it happens I will get an answer from the Sheriff Dept when I call them.

From everything I have read is it is ILLEGAL to ride a 4 wheeler on a county road. The state gives exceptions from some golf carts and other low speed vehicles, but ATVs are strictly not included in these exemptions. Furthermore, if the vehicle isn't "street legal" and registered, then it is illegal.

Also, a new law went into effect last year that places restrictions on some ATV usage especially for kids under 16:

South Carolina Legislature Online -Section 50-26-10 All-Terrain Vehicle Safety Act "Chandler's Law"

Last edited by DipDog3; 09-17-2012 at 02:09 PM..
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Old 09-17-2012, 02:50 PM
 
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§ 70.10 REGULATION OF OFF-HIGHWAY VEHICLES.

(A) Legislative findings. The York County Council, as the governing body of York County, South Carolina, finds that there has been a proliferation of the use of all off-highway vehicles within public rights-of-way, utility rights-of-way, and on private property without the consent of the owners of such property. The York County Council finds that the unregulated use of all off-highway vehicles disturbs the public peace and threatens the health, safety and welfare of citizens of York County; damages the integrity of public rights-of-way, utility rights-of-way and damages private property; causes excessive noise and dust; constitutes a risk to the safety of operators of all off-highway vehicles and the general public; and should be regulated in order to provide for the health, safety, and welfare of York County and its citizens.

(B) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

ALL TERRAIN VEHICLE and ATV. Any motorized off-highway vehicle 50 inches or less in width, having a dry weight of 900 pounds or less, designed to travel on three or more low-pressure tires, having a seat or seats designed to be straddled or used by the operator or the operator and an additional passenger, and having an engine displacement of less than 800 cubic centimeters.

OFF-HIGHWAY MOTORCYCLE. Any motorized, off-highway vehicle traveling on two wheels, having a seat or saddle designed to be straddled by the operator and having handlebars for steering control. Motorcycles may be legal for highway use and still considered to be off-highway motorcycles if used for off-highway operation on trails or natural terrain.

OFF-HIGHWAY VEHICLE. All-terrain vehicles, off-highway motorcycles and other vehicles as defined herein.

OPERATE. To ride in or on and have control of an off-highway vehicle.

OPERATOR. The person who operates or is in actual physical control of an off-highway vehicle.

OTHER VEHICLES. Any motorized recreational vehicles capable of cross-country travel on natural terrain, such as four-wheel-drive trucks and ATVs that have an engine displacement of more than 800 cubic centimeters or total dry weight of more than 900 pounds. Vehicles not considered OTHER VEHICLES include snowmobiles, all-terrain vehicles, and motorcycles. Watercraft or aircraft or farm, logging, military, emergency, law enforcement, utility, trail grooming and construction vehicles are not considered to be OTHER VEHICLES when used for their intended purpose.

OWNER. A person other than a lienholder having a property interest in or title to an off-highway vehicle who is entitled to the use and possession thereof.

PERSON. Any individual, partnership, corporation or any body of persons whether incorporated or not.

PUBLIC RIGHTS-OF-WAY. The rights-of-way of the State of South Carolina, York County, and any municipality in York County.

(C) Prohibitions. Except as otherwise provided in this code, it is unlawful to operate an off-highway vehicle upon public rights-of-way, utility rights-of-way or easements, public highways, streets, sidewalks, trails, parks and roads or upon private property without the written consent of the owner thereof; provided, however, that the prohibitions contained in this section shall not apply to any agent or employee of any public authority on public property or within public rights-of-way; the agent, employee or contractor for any public or private utility on property of the public or private utility or within its rights-of-way or easements; any law enforcement agency or public safety agency or any fire department, hospital or ambulance service while providing or exercising official duties and powers; or to the operation of off-highway vehicles on private property owned by the operator or for which the operator has written permission from the owner.

(D) Owner's responsibility. It is unlawful for the owner of an off-highway vehicle to permit its operation on private property without permission of the owner or occupant; within public rights-of-way except as provided by law; or within rights-of-way of public or private utilities without the written consent of such utilities.

(E) Liability insurance required. No off-highway vehicle as defined in this Code will be required to be insured under a liability insurance policy unless such vehicle is required to be insured under a liability insurance policy in compliance with existing or subsequently enacted statutory insurance requirements for such vehicles under South Carolina law. All vehicles, including off-highway vehicles for which state statutes require liability insurance coverage shall be insured in accordance with liability insurance requirements for motor vehicles under South Carolina Statues and laws.

(F) Enforceability. The provisions of this section shall be enforced by York County deputy sheriffs, state troopers, commissioned officers of the South Carolina Department of Natural Resources and any other duly authorized law enforcement officer.

(Ord. 6008, passed 10-20-08; Am. Ord. 309, passed 1-5-09) Penalty, see § 70.99
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Old 10-01-2012, 02:35 AM
 
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I have called the Sheriff's dept numerous times since the original posting. I've seen them come out and once I actually heard the father in the yard yelling at the son about the police being called and him riding it on the roads. Yet they still ride up and down the street and still everyday after 4 and all day long during the weekends that's all I hear all day and night. It is very loud even inside my home, I have to have a tv or music going to dampen the noise. I was even told by the police last time I called them that they've had other people making the same complaint. At this point it seems the police are more in the business of repeated warning than actually doing anything. This neighborhood used to be one of those places you could sit outside and just listen to the birds chirping but now all I hear is the revving of dirt bikes. It's to the point we're are contemplating moving. I don't know what else to do short of confronting them personally, which I believe would lead to an altercation and more problems in the future.
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Old 10-01-2012, 05:28 PM
 
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I hate it for you......seems like moving is the last resort. I know you said confronting them may lead to an altercation, but before I go through the trouble of moving, I would seriously consider talking to them face to face. Maybe get a few of the neighbors together and a few of you go over at one time. It seems as if this is a problem for others as well.

Perhaps you can escalate it with the police / Sheriff and ask them what they suggest since they obviously can't fix the problem.
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Old 10-02-2012, 07:05 PM
 
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I hate it when the cops refuse to enforce the laws. The noise alone most likely exceeds the allowed limits. In Mecklinburg county there is a 55 decibel limit and 50 after 9pm to 7am. If the cops wont do anything perhaps you could find out which company the owner has his homeowners insurance with and send them a certified letter describing the hazard thus putting them on legal notice that if one of his kids causes damage they could be on the hook. They will for sure contact the guy to protect their interest and perhaps cancel his home owners insurance..Insurance companies hate this type of documentation .Film them and even send a copy to the cops and his insurance company...You will get results
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Old 10-04-2012, 12:49 PM
 
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No, RH Native will not get results from the parents homeowners insurance company. I have a SC Property & Casualty license. Homeowner Policy Form 3, which is one of the best, covers all perils unless specifically named & excluded by endorsement to the policy.

A kid riding on public roads with his dirt bike disturbing the peace is not exactly a homeowner insurance peril nor would it be of interest to the insurance company providing the coverage. (Referring to South Carolina only.)

Unfortunately, it's going to be up to the parents to stop this. I know! My grandson and another neighborhood kid was racing their dirt bikes on a road in their development. Grandson was escorted home by a cop that happened to be in the area ... grandson had to push his dirt bike and follow behind the officer's car home as did the other kid.

The dirt bike is now locked up in the outbuilding and son-in-law has the keys to the building and bike. Grandson will probably get the dirt bike back when he is 21. There was no reason for this, as the kids have trails in the woods to ride.
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Old 10-10-2012, 11:50 AM
 
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I have confronted the kids speeding up and down the street. I asked them to stop doing it, it is dangerous to themselves and to the younger kids they are speeding past and if this happened again I would call the police. Now I recognized one of the kids. His house has York County Sheriffs car parked in the driveway. That child was totally disrespectful, stating to me "my daddy is the police go ahead and call". At the same time someone else in the neighborhood must have also been fed up with these kids and called the police. A few days later I found egg smashed on the back side of my house. It ruined the siding and color of the window frames. So now I put it out there, It would be a good idea to talk to your children about respect for others property. If I catch someone vandalizing my or anyone elses property, and I will catch them, I will treat that person as any common thief trying to break into my home. We all know what the SC laws allow a homeowner to do to protect their property.
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Old 10-10-2012, 12:07 PM
 
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Have you talked to the father though? Is he an honorable man who can't control his spoiled brat child, or is he a crooked cop? Well that complicates things...and if you get on the wrong side of that neighbor he could make your life very miserable I am sure
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