Authorizing ATVs and OHVs on Truth or Consequences Streets

Truth or Consequences, NM—A broad-based group of concerned citizens has gathered what they believe to be more than the requisite number of signatures on a petition referendum. The referendum will allow the Truth or Consequences (TorC) electorate to vote on whether or not they wish to retain Ordinance No. 697, passed by the city commission August 22, 2018. This ordinance authorizes ATVs and other off-highway vehicles (OHVs) on all city-owned and -maintained streets.

Certified petition forms containing a total of 282 signatures were turned over at 11 a.m. today to Acting City Clerk Angela A. Torres, who had informed the group in writing that 154 valid signatures of registered TorC voters would be required to initiate the desired referendum on Ordinance 697. The number of required signatures is set by law at 20 percent of the average turnout in the previous four municipal elections.

Using a current voter registration database provided by the Sierra County Clerk, the citizens group was able to pre-validate 221 signatures.

“This is an important first step toward repealing Ordinance 697, which was hurriedly passed last month with little input from the residents and little thought given to its impact on traffic patterns, driver and pedestrian safety, noise and air pollution and the surrounding desert lands,” said Diana Tittle, one of nearly 20 residents who gathered signatures.

“Having responded to pressure from off-road enthusiasts from other communities and even other states,” Tittle observed, “the city commissioners now have ample and concrete evidence that their constituents are determined to preserve TorC’s essential character as a beautiful, serene retreat for retirees, artists, healers, hot springs bathers, nature lovers and hard-working families who appreciate the relative peace and quiet of small, rural-community life.”

The city clerk has 10 days to validate the signatures on the petitions and advise the city commission whether the number of validated signatures required to initiate a referendum has been submitted. If so, Ordinance 697 is rendered invalid until the referendum takes place.

Once informed, the city commission has 10 days to set the date of the referendum, which must take place no more than 90 days later.

“It is our hope that the city commissioners will choose not to hold a referendum but will instead take the initiative to repeal Ordinance 697 themselves,” explained Isaac (Ike) Eastvold, another petition circulator. “If they opt to call a special election, they can at least significantly reduce the costs of their decision by conducting it via a mail-in ballot, which the state’s new Local Election Act permits.”

In the interim, the citizens group will turn its attention to educating the local electorate about why Ordinance 697 should be repealed. Group member Dennis Dunnum articulated a number of reasons. “Given that TorC has no enforceable noise restrictions or enough personnel to ensure that all off-road drivers and vehicles are in compliance with the state’s operating, safety and insurance requirements, turning ATVs loose on our neighborhoods will dramatically lessen the quality of life we enjoy here.”