WELLSBURG - The Brooke County Commission received positive feedback at a hearing Tuesday on proposed ordinances regulating all-terrain vehicles, setting actions against noise considered a public nuisance, and restricting businesses specializing in adult entertainment.

The hearing was held as part of the commission's regular weekly meeting but moved into the main courtroom of the county courthouse to accommodate an anticipated higher turnout than the 20 in attendance.

The commissioners said they have some work to do, such as determining a fee for the registration of all-terrain vehicles and procedure for registering them - both conditions of the ATV ordinance - before they will be able to enact them.

Additional public comment can be heard at the next meeting set at 3 p.m. Tuesday at the courthouse or comments can be sent to: Brooke County Commission, Brooke County Courthouse, 632 Main St., Wellsburg, WV 26070.

Copies of the ordinances may be viewed at the courthouse and at the Brooke County Public Library and Follansbee Branch Library.

The ATV ordinance received the most comment. If approved, it will require ATV owners in Brooke County to register their vehicles with the county's tax department, display a decal issued by the county each year and obtain liability insurance for the vehicles.

Non-residents operating ATVs in the county also would be required to register.

County officials haven't determined the registration fee. County Prosecutor David B. Cross said it's not intended to be a money-maker for the county and would generate just enough to offset the costs of registration.

The ordinance also prohibits ATVs from being driven on paved roads with some exceptions, states ATV drivers with juvenile passengers must be 18 or older and possess at least an intermediate driver's license and requires any juvenile passenger to complete a state-approved rider safety course and wear a helmet.

Such conditions would apply to unincorporated areas of the county and not to ATVs used exclusively on private property with the property owner's consent.

Those found guilty of violating the ordinance would pay a minimum fine of $100 and if applicable, face additional penalties established by state law.

The commission heard from Shawn Durbin, an emergency medical technician with the Brooke County Ambulance Service who has presented an ATV safety program at Follansbee and Wellsburg middle schools each year.

Durbin asked if the registered vehicles will be stored in a database available to emergency personnel, noting such information could help rescue crews identify injured riders.

County Sheriff Richard Ferguson said the information would be available through the county's emergency 911 center.

Durbin suggested adult ATV riders also be required to wear a helmet, saying a large number of ATV-related accidents involve head injuries.

Ferguson said the county can't supersede state law, which doesn't require all ATV riders to wear helmets.

The commissioners said the ordinance was spurred by recurring complaints of ATV riders trespassing on private property and at Brooke Hills Park, the Brooke County Pioneer Trail and other public sites.

Louis Hensler, grounds superintendent for Franklin Cemetery, said the cemetery has been crossed by ATV riders, often while funeral services were being held.

"Most are decent if you can stop them and talk to them," Hensler said, but he added many leave the scene and are difficult to identify because of their helmets or hats.

Pat Roksandich of Hooverson Heights said he supports the ordinance but asked what can be done about those who don't register.

Ferguson said they can be fined, and Cross added the fine can apply for each day they fail to register.

Steven Snyder of Hooverson Heights said ATVs have crossed his property many times and asked what residents can do to report violations without risking retribution from the violators.

Ferguson said he doesn't want anyone to confront an ATV rider breaking the law, but they can report violations to his department.

The sheriff said the ordinance won't eliminate all problems but it gives his department more power to act against ATV riders who infringe on the rights of others.

"We need tools right now, and I think these are the best tools, as law enforcement, we've been given," he said.

The commission also received encouraging comments about a noise ordinance that states complaints may stem from musical equipment or instruments, parties and other social events, power tools and equipment, when heard between midnight and 8 a.m., as well as motorized vehicles and animals.

Plans call for sheriff's deputies to use special equipment to measure the decibel level of offending sounds. Violators would face fines of $100 to $500, depending on the reoccurrence of the offenses.

Commission President Bernie Kazienko said the adult entertainment ordinance was triggered by word sometime back that there was interest in establishing an exotic dance club on Hooverson Heights.

Kazienko said the commission realized there were no laws to prevent it from opening in a residential area.

The proposed ordinance provides definitions for adult arcades, cabarets, theaters and book, novelty and video stores and prohibits any from opening within 2,500 feet of a home, church, school, day care facility, park, trail, bar, hotel, county-owned property, restaurant or business oriented toward families or other adult entertainment business.

It also establishes conditions for the operation of adult entertainment businesses, an appeals process and fines for violations.

(Scott can be contacted at wscott@heraldstaronline.com)