“I drive Dry Creek Road, Boynton Pass and Canyon roads to work,” said Carla Williams, vice president of Keep Sedona Beautiful. Those in favor discussed their personal bad experiences with OHVs, while most of those opposed spoke on the ban’s potential legal issues and effects on businesses and residents. Nine people spoke in favor of the ordinance and 16 spoke against it. He did not address the ordinance’s potential conflicts with Article 2 of the Constitution of Arizona and the due process clause of the U.S. Shelton also informed the city that deferring the legality of OHVs being driven on streets to a manufacturer’s warning would be an unconstitutional delegation of authority to a private entity.Ĭhristianson did not address either of Shelton’s legal arguments, nor did council request him to do so. Legal JustificationĬity Attorney Kurt Christianson told the council that he believed the city’s existing police powers under Arizona Revised Statutes §28-626, §28-981, §28-982 and §28-1174 are sufficient to allow the city to implement the ordinance.Īttorney Adam Shelton, of the Goldwater Institute, sent the city a letter on May 22 arguing that per ARS §28- 626, local authorities may not establish regulations in conflict with that chapter of the title, which permits OHV operation on highways. Jablow reduced the normal time for public comments from three minutes to two minutes per person for this agenda item. More than a hundred people showed up to watch the city council consider the ordinance. The council chambers at Sedona City Hall were packed to overflowing on the afternoon of Tuesday, May 23, for a discussion of Mayor Scott Jablow’s proposed ban on OHV use on city streets.
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