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June 15, 2004
All Terrain Vehicle Resolution
BLUE RIDGE ACRES CIVIC ASSOCIATION, INC.
96 Blue Ridge Acres
Harpers Ferry, West Virginia 25425
At the Blue Ridge Acres Civic Association (BRACA) Board meeting held June 15, 2004, the following resolution was adopted by a majority of the Board of Directors present:
BRACA RESOLUTION REGARDING ALL TERRAIN VEHICLES (ATV)
Whereas, the Blue Ridge Acres Civic Association, Inc. (BRACA) is the owner of record of all the roads within the Blue Ridge Acres Subdivision and represents the common good as to the state and usage of said roads within the Blue Ridge Acres Community; And,
Whereas, it is the continuing expectation of the property owners of Blue Ridge Acres as represented by BRACA that the historical right to safe passage over the roads, the right of way, together with the right to tranquil well being and the peaceful enjoyment of property adjacent to the roads be maintained; And,
Whereas, the Community’s tranquility has been compromised by individuals, both from outside the Blue Ridge Acres Community and from within the Community, by reason of their unauthorized recreational use of ATV’s and off-road motorcycles on the roads within the Blue Ridge Acres Community ; And
Whereas, the apparent disregard by the ATV’s operators to the noise and dust produced, jeopardizing the safety of both themselves and others and the complete disregard of private property is in direct conflict with the stated and desired expectations of the property owners and residents of Blue Ridge Acres as represented by BRACA.
Now therefore, the BRACA, having the authority to pass rules and regulations regarding the usage of the roads within Blue Ridge Acres from time to time by virtue of its ownership of the roads and/or the right of way on the roads of Blue Ridge Acres and the expectation of the property owners and residents of Blue Ridge Acres that the peace and quiet of the Community not be compromised by the misuse of the Community’s roads, does hereby direct and authorize the BRACA Board of Directors to act as follows:
1. Authorize an ATV Rules and Regulations Committee (ATVRRC) and appoint a Chairman.
2. Direct the ATVRRC to place in writing Rules and Regulations regarding the use of ATV’s on roads it owns and to make the same available to concerned parties and to post same.
3. Empower the ATVRRC to issue tiered citations, fines and ultimate confiscation of ATV’s pursuant to West Virginia Statute for criminal trespass to violators.
4. Develop operational enforcement procedures, including the appointment of a Chief Enforcement Officer and make appropriate pre-arrangements with law enforcement agencies and a bonded impound service.
So enter it into the records of the Blue Ridge Acres Civic Association this 15 day of June 2004.
____________________________ ___________________________
William F. Ramsey Don J. Orser
BRACA President BRACA Secretary
Posted on June 15, 2004