The Town of Kinder did approve a resolution allowing the use of UTVs (Utility Terrain Vehicles) that will become effective in 30 days at its reschedule meeting Monday evening, July 20. However due to COVID-19 and budget concerns, residents may not be able to utilize UTVs on the streets for some time.
Michael Holmes, attorney, explained the ordinance had to include the state’s statute in place for tagging, licensing and utilizing UTVs on roadways in Louisiana. The town didn’t have to do this when it instituted its golf cart ordinance, because the ordinance was created before the state statute was voted into law.
At the same time, Mayor Wayland LaFargue explained his problem was roads had to be designated if an ordinance was approved by the council. He said the town is struggling with its budget now because collections are down due to COVID-19. Those two issues could delay the use of UTVs on Kinder streets until signs are purchased and posted.
Holmes added UTVs would have to be inspected and insured by residents, who would then have to visit the OMV (Office of Motor Vehicle) office to legally utilize UTVs on Louisiana roadways according to state law. Drivers would have to be 21 years of age to operate the UTVs. (In Kinder, the OMV is open Tuesdays and Wednesdays, 9 a.m. to 3 p.m.)
Two residents, Ricky Sonnier and Matt Fontenot, both voiced their support of utilizing UTVs on the roadways in Kinder. They pointed out these vehicles were safer than golf carts, because UTVs had seatbelts and rollbars. Another reason suggested motorcycles were more dangerous than riding in a UTV due to the speed motorcycles could reach.
Holmes explained the town would have to install signs to let traffic know there were mixed vehicles utilizing the roadways. He said the law would not allow UTVs on state roadways. The vehicles could not operate on parish roads either, because the parish had not adopted any resolution allowing the usage of the vehicles.
Questions included why the town could not adopt a resolution modeled after the one allowing golf cars to crossing major highways, etc. Holmes answered each question based on the ordinance the town had proposed and the state statute.
Councilwoman Latoya Tunwar asked who would repair the roadways if UTVs caused damage in her district? Councilwoman Angie Van Norman asked if streets could be designated in the ordinance? Tunwar asked how fair was it to even consider certain streets in town? Councilman Chris Fontenot said no one in his district had asked to utilize UTVs so he didn’t need it.
The council discussed the streets in Van Norman’s district that would be specifically identified for UTV usage. Nelson Road was named, but they learned the property on the northside is inside the city limits but the road itself is outside the city limits, so it could not be on the list. Another question posed was if the town wanted people dropping students off at school, and it was decided not to include that area.
The streets named in connection to Section 14-56 of Ordinance 865 included:
•Park Road
•Vera St.
•Ann St.
•Joan St.
•Ezebe St.
•Ezora St.
•S. 10th St.
•2nd Ave.
•4th Ave.
•5th Ave.
•400 block of N. 9th St.
•N. 13th St.
•N. 14th St.
A roll call vote approved the addition of the named streets to the ordinance, 3-2 with Tunwar and Maria DeWees voting against it. A roll call vote was taken to adopt the ordinance to allow the use of UTVs in Kinder, 3-2 with Tunwar and DeWees voting against it.
Although the ordinance will be in effect in 30 days, it will not be implemented until all signs are installed in town. The mayor didn’t know when that could be done in the future. Holmes said people could begin preparing by going to the OMV.
(Note: Remember no one will be able to use UTVs until signs are posted stating the road is open to UTV use. The mayor said the town would post it on Facebook™ and in the newspaper when those signs were posted and in place. According to information on the state statute, UTVs cannot cross major highways unless posted, and operators do not have to wear helmets. If the UTV needs gas, service or inspection for OMV purposes, owners will have to use a trailer to transport the UTV to the location if roads are not marked for travel.)
After the meeting, Tunwar said, “I would like to let it be known that I am against the ordinance because I feel UTVs and ATVs are for off roads.” She also discussed road maintenance in her district during the meeting stating those spraying the ditches were damaging the sides of the roads which had just been refinished. She asked the mayor to have the procedure stopped. She said maybe the ditches could be weeded. Later she said, “Myself and prior council members for District One have worked hard to get our roads upgraded through numerous grant attempts.” She wanted to make sure the roads were not damaged.
The town accepted the lowest bid for replacing water meter registers by Lafayette Winwater. Traci Fontenot, town clerk, said they began the bid process before the pandemic. They need to replace about 1,200 meters at $150 per meter. They will do this as funds become available. She said approximately 400 meters need to be replaced soon, because they are not operating correctly. She explained this bid would be good for one year and could be extended to four years, according to information Wesley Miller, town engineer, had provided.
In other business, the council:
•Approved minutes from its June 1, meeting.
•Approved ad valorem millages at 4.94 and 9.0 for the town, prepared by the parish assessor.
