Council picks up call to protect park from destructive ATVs

VERNON-Those in the New Jersey archaeological community call it Alan's Law, and for those residents of Vernon who continually ride their ATVs on the Black Creek Site off Maple Grange Road it could spell a huge financial penalty. And, the town of Vernon now has a vested interest in keeping them out of that area. Alan's Law was recently enacted by the state and calls for fines of up to $1,500 for destroying archeological material on state land. The Native American site on Maple Grange is governed by that law. Black Creek and the future Maple Grange Park have come under what activists are labeling nothing less than an assault by riders of ATVs and other motorized vehicles. State officials describe ruts as deep as three feet deep cutting through some highly sensitive archaeological materials. A confluence of interested parties, including the Vernon Township Council, Donna Wilson of the Historic Preservation Committee, and local activists Jessica Paladini and Rick Patterson, all agree that illegal ATV riding in the town of Vernon must be contained. At Monday's council meeting, all said the problem can be ignored no longer. "If it falls within our walls, we have to protect what is ours," said Councilman Jeff Patterson regarding the damage to the Black Creek Site. "There has to be some respect for other's property." The problem was discussed at the April 28 Vernon Township Historical Preservation Committee meeting, and Wilson, the committee's chairperson, presented a list of recommendations to the Town Council Monday evening. "It is everybody's responsibility at this point," Wilson said. "The town has the right to enforce the law." Wilson added that her committee had created a list of suggestions for the State and the council to use in the near future. "If we update the signage so that it clearly states the fines for trespassing on state lands and increase the police activity in the area, the news of an added show of force will spread like wildfire," Wilson said. She predicted that catching one rider, "prosecuting them to the fullest extent of the law, forcing their parents to pay the fines, and make them go back with a shovel, rake, and a bag of grass seed to force them to fix the damage they have done," would be something that she would like to see. Vernon Police Chief Roy Wherry noted that within just the last year, his office fielded 113 calls concerning the illegal use of ATVs on town roads and town or state property. Only 16 of those calls resulted in summonses being issued. "Now that the state is getting involved, it's a good thing because they have quads to pursue," Wherry said in Monday's meeting. "The risk is too high for the police to go after the offenders, but we are going to work with the rangers." The members of the council unanimously agreed that this problem, one that Paladini testified has been ongoing for several years, must end. Councilman Phil Weiler suggested an increasing scale of fines in addition to the already existing towing fees and impound fees. Township ordinance now call for fines ranging from $100-$250 for riding ATVs on town roads and land. In conjunction with the town's fines, there could be an additional penalty imposed that could severely hinder any rider's desire to enter the Black Creek area. Within the last two months, Governor Richard Codey signed into law what has become known as "Alan's Law," which, according to Paladini, who serves on the executive board of the Archaeological Society of New Jersey, imposes fines ranging from $750 -$1,500 for anyone who "alters, disturbs, or removes any archaeological findings" on state property. "If we work together with the state, the town, and use things like Alan's Law, we can really take care of this problem," she said. "We need to educate the offenders: You could be subject to state law, town ordinance, and even motor vehicle fines. We need to educate the public that there are penalties involved here that go beyond just the town's ordinances." The council heard also from Patterson, an archeologist who, along with Paladini, was instrumental in preserving the Black Creek site and paving the way for the Department of Environmental Protection to purchase the 134-acre tract that abuts the town property that will become Maple Grange Park. After listing a series of access points where ATV riders enter the site, an impassioned Patterson asked the council: "How come I know where all of these entrances are, but you don't?" The council told Patterson that it needed to fix the problem immediately. Mayor Ira Weiner asked Town Manager Don Teolis to contact state environmental protection officials and to work with councilman Patterson to form a plan of action to begin the crackdown. The town has an interest in protecting this site that goes beyond just preserving one if its historical treasures: the future site of the much anticipated town park is currently victimized by the same type of trespassing. With construction of the park set to begin within the next several months, the town has an added incentive to stop the destruction. Lou Kniep, the township engineer, spoke briefly about the phasing of the park and unveiled the newest rendering of designs drawn up by consulting engineers, Harold Pellow and Associates. Encircling the entire park will be a two- to three-foot high barrier. This, Kniep said, was to prevent the possible destruction of town property by ATVs. Paladini and Rick Patterson left the meeting less than encouraged. "I realize it is a difficult problem, but it is not impossible," Paladini said. "There has been no solid plan in earnest to stop these people from destroying the site." "They are responsible for enforcing the existing laws," Patterson said. Deputy Mayor Janet Morrison said she understands the need to act now. "There is a benefit in raising people's awareness of the issue involving site," she said. "Don and I are going to talk and work out a plan of attack and get the word out to the community. Everything will involve the police," councilman Patterson said, referring to town manager Teolis. "This is a perfect issue for the public, and we have the responsibility to handle this issue for the public. It's an issue that people in the community have cared about enough to preserve this land."