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Peo, Scott proposal would crack down on illegal dirt bikes, ATVs

ATV wheels
File photo
ATV wheels

Anyone caught illegally riding a dirt bike, ATV, or other so-called off-road vehicles in the city would face stiff fines under legislation introduced by City Council member Jose Peo and Council President Loretta Scott.

The legislation — the first bill introduced by Peo — would clearly ban the use of off-road vehicles on city streets. Anyone caught riding a dirt bike or ATV would be fined no more than $1,000. The vehicle would also be impounded by the Rochester Police Department, and would be held on a fine of $2,000, plus $20 for every day it’s held in impound.

The definition of “off-road vehicles” includes dirt bikes, ATVs, mini-bikes, go karts, non-electric motorized bicycles, and snowmobiles.

“We’ve seen that people are dying, we’ve seen that people have been hit by these, we’ve seen people are just trying to enjoy having some kind of quality of life, and it is being destroyed by that,” Peo said.

The use of dirt bikes in Rochester has picked up during the pandemic, and has led to a few high-profile incidents. In March, a 9-year-old boy died when a dirt bike being driven by his father crashed on Kilmar Street. A day later, a 21-year-old man died after crashing his dirt bike into a car on Hudson Avenue.

It’s a situation that has left local lawmakers scrambling for a solution. Peo believes a crackdown will lead to less dirt bikes on the street. Councilmember Mary Lupien believes that tactic will only exacerbate the problem. Lupien is supportive of creating a designated place for people to ride dirt bikes and ATVs, and plans on voting against the legislation.

“I think we need to see the situation for what it is, and that’s mostly young people looking to reclaim a little bit of freedom,” Lupien said.

Lupien said for many riders, dirt biking can be an avenue away from crime. It’s a sentiment echoed by local rider Lorenzo Jones, who had dabbled in dirt bikes for years but got seriously into riding after the passing of his mother in 2019.

“I was in a dark place, a funky place, and I came across a YouTube video of a guy fixing up a bike, and that kind of really resparked my interest,” Jones said. “...It kind of took away a lot of those dark and depressed feelings I had after my mother died.”

Jones said dirt bike riding has become more popular among youth aged 14 and up, and gives them the chance to not only have a creative release, but also a potential to learn a trade in fixing up and modifying bikes.

“The reality is there’s no gang affiliation, there’s no criminal element, there’s no evil element, they are just people from the ages 14 and up that have a hobby,” Jones said. “People may love playing softball, some people may enjoy bowling, some guys like to go down to the drag strip, some people like to skydive. It’s a hobby we all found, and we love it.”

Jones is of the belief that simply making harsher laws won’t stop kids from riding, and could potentially worsen the issue. He believes a compromise should be made between city leaders and riders to find a common ground solution.

“If we had a place to ride that would be great, we could take younger kids there and teach them how to ride, people could ride with their families, people could have something to look forward to,” Jones said.

Both Jones and Lupien will be a part of a rally Monday evening opposing Peo’s legislation.

Rochester City Council member Jose Peo.
Credit Communications Bureau, City of Rochester
/
Communications Bureau, City of Rochester
Rochester City Council member Jose Peo.

Peo, a resident of the city’s Charlotte neighborhood where dirt bike groups have become common, said that the only solution is harsher rules and confiscation of vehicles. He has no interest in finding common ground with riders.

He is supportive of riders pooling their own money together to buy a private place to ride bikes, but he also doesn’t believe having that option will stop people from riding illegally.

“Who I’m speaking to are not those doing the illegal activities and I want to hear how we can help them, I’m not listening to them,” Peo said. “That’s like going to a child molester’s house and saying, ‘How can I help you with your deviancy?’ That’s not the world I want to live in.”

City Council is not the only legislative body concerned with dirt bikes and ATVs. In April, Monroe County Legislator Joe Morelle, Jr. introduced a bill which would allow illegally-operated off-road vehicles to be impounded. The first-time fine to retrieve the vehicle would be $500, followed by $2,000 for each additional impounding. That bill was rejected, and a public forum was held last week.

A new bill was introduced by legislators Vince Felder and Ernest Flagler-Mitchell. It is also expected to go to vote Tuesday. Legislator Rachel Barnhart, who plans on introducing amendments to the bill, expressed concern that simply expanding fines will not be an adequate solution.

"These confiscation and fine policies will likely be low-yield and not make a huge dent in the problem," Barnhart said. "The bikers themselves tell us they’ll keep riding. Enforcement has a role, but what else can we do?"

City Council will likely vote on the Peo-Scott legislation during its meeting Tuesday.

Gino Fanelli is a CITY staff writer. He can be reached at (585) 775-9692 or gino@rochester-citynews.com.