NORTH SMITHFIELD – What started as an attempt to keep riders of motorized bicycles out of one town park will grow into a more comprehensive look at how e-bikes and ATVs are managed everywhere in town.
Town Administrator Scott Gibbs told the Town Council that the draft of an ordinance prohibiting motorized bicycles on town recreational property was meant to open the conversation on the matter, and he wasn’t asking the council to act immediately on the proposed legislation. It would need a public hearing anyway, he added.
Gibbs said he was driving through Woonsocket a week earlier and saw new electronic sign boards letting people know that they’re not allowed to drive e-bikes on sidewalks based on a new law there, and he said many towns are looking at this topic more comprehensively as the use of such bicycles grows in popularity with people of all ages.
He explained that he was approached by Parks and Recreation with complaints from people in Pacheco Park about their discomfort with people speeding through the park, so he had Solicitor David Igliozzi create a draft ordinance in response.
Theresa Grist, head of the North Smithfield Parks and Recreation Commission, told the council that a member of the Little League board brought multiple incidents to their attention, including people intentionally riding on the fields and damaging the surfaces. Someone also hit a board member’s car, said Grist, and a child on an e-bike was hurt and tried to deny it.
She also shared how the site of the former Halliwell Memorial School has been full of four-wheelers lately, and how Little League members have been reporting issues to police at multiple locations.
Councilor Rebecca DeCristofaro said she wonders if this draft ordinance is comprehensive enough, saying a town-wide ordinance might be more appropriate to deal with other matters such as the significant issue of ATV and e-bike use on local roads.
Gibbs said he does think the issue is bigger than at one park, but didn’t want to get ahead of himself without getting direction from the council first. Living on Maple Avenue next to Halliwell, he said ATV use there is a big issue, and that the former school is used “as a playground” for riders.
Councilor David Punchak also said it’s worth pursuing something more comprehensive, but questioned how it would be enforced and how people would be penalized. A public education period is fine, he said, but does it make the most logical sense to have police enforce the ordinance in a way that could cause other issues. He gave the example of ATV riders taking off when approached, and what happens when they do so along a main road and are struck by a vehicle.
Punchak said the enforcement question is found with other ordinances and rules as well, citing his visit to Pumpkin Fest where no fewer than eight dogs were allowed onto school property despite not being allowed there. The town needs to do something better than that, he said, suggesting that the town might start taking one ordinance per month to really promote to the community what the rules are in a certain area.
Some people have criticized the council for only drafting a few ordinances in the last two or three years, said Punchak, but what happens on enforcement of rules after they’re instituted? A 30-day public education period is fine, he said, but what about six months from now when everything is back to the way it was and all the Little League folks are scratching their heads again and ticked off about what they’re seeing.
Gibbs said one thing he learned through a past job where staff had dirtbikers arrested is that you need to have signs up telling people not to ride in specific places. He said they weren’t able to prosecute those trespassers because there was no sign in place at the time.
One option, Gibbs said, is to have police host an informational session and promote it as they tell people that the town is considering a new ordinance.
“If it’s not enforced, then no one’s going to pay attention to it,” said Gibbs.
Punchak said police can in theory have the ultimate authority on enforcement, but the bigger picture might mean having others who actually use the fields regularly do more of that enforcement.
DeCristofaro said she’s seen e-bike riders whipping through the fields at Pacheco Park, but it’s been at random times when she’s there with her daughter, not when sports are being played. She said she agrees that a more comprehensive outreach on everything not allowed, including ATVs, e-bikes, and golf carts, might be appropriate, and that the town should consider multiple imaginative modes of effective communication to get the word out. This is an important topic and a liability for the town, she said.
Gibbs said this was certainly a “Pacheco-centric” draft, but there are other matters that could be addressed with a wider ordinance. He said they can work on a more detailed version and bring it back for consideration.
Councilor John Beauregard mentioned that state law does prohibit these vehicles from being on the road, but DeCristofaro said it doesn’t happen currently, and she thinks it would be more effective to have a local ordinance that officials make clear they’re enforcing.
Gibbs said they can look more at what is actually on the books for rules. For instance, he said, bicyclists are not technically allowed to ride on sidewalks, yet they do. Now everyone is seeing e-bikes in far greater use, he said, though one positive note on that is that most young riders seem to be wearing helmets. The adults aren’t, he said, but they’re also not required to wear one while riding a motorcycle.
The administrator said they’ll bo back and research the law and come back with a concept for conversation. Once they reach a consensus on a direction, he said they can create a draft on new rules and host a public hearing. DeCristofaro reiterated that this issue is bigger than just at Pacheco.
The council postponed action on the ordinance to a future date.
