In what could be a sign of a looming battle over enforcement of all-terrain vehicles, Huntsville Mayor George Potter tonight reaffirmed his town’s ATV-friendly position.

And although Potter insisted after the meeting that he doesn’t want to butt heads with Scott County Sheriff Anthony Lay on the issue, he made it clear that he believes the town’s ordinance allowing ATVs on city streets is legal.

Last week, Sheriff Lay announced that his department would begin strictly enforcing ATV regulations after a two-week grace period. State law does not permit ATVs to be operated on any public roads, except where previously approved by a private act of the Tennessee General Assembly. Locally, that applies only to the O&W Road leading into the Big South Fork NRRA.

But Huntsville has a standing ordinance that permits ATVs on all streets inside the city limits (excluding Hwy. 63 and U.S. Hwy. 27, which do not fall under the town’s jurisdiction). Under the town’s law, ATV riders could technically drive their four-wheelers to the Justice Center and park in the Sheriff’s Department parking lot, and be legal.

The legality of that ordinance has come into question, however. It remains unclear whether the town’s law supersedes state law.

When asked by a county commissioner last week, Sheriff Lay said that he intended to enforce the law in the Town of Huntsville if it was proven that the town’s law is in fact in violation of state statute.

Huntsville’s Board of Mayor and Aldermen adopted the ordinance to allow ATV riders access to Brimstone Recreation without being in violation of the law. Many riders visiting the area park at Thompson’s Yamaha or the Brimstone Recreation office downtown and ride their ATVs around the courthouse square to access the recreation area.

However, even if Huntsville’s permittance of ATVs on city streets is found to be legal, riders would still have to travel county roads to reach Brimstone Recreation. River Road falls partially within the city limits, but exits the municipal limits before the turnoff to Brimstone’s Trail #1. Even the official Brimstone Recreation parking area, off River Road, requires riders to ride on the public road for a short distance before accessing the trails. In other areas of Brimstone, riders have to access public roads — including Bull Creek Road in the Winona area and Indian Fork Road and Brimstone Road in the Brimstone community — to get from one part of the property to another.

Potter said he understood that County Commission was “going to get involved” in the issue of whether Huntsville’s regulations are lawful, seemingly implying that the Commission believes Huntsville’s ordinance unlawful. But one commissioner contacted after the meeting said the Commission has no intention, “and no business,” getting involved.

“We all need to work together to bring recreation to our county,” Potter said. “People giving problems needs to be ticketed or arrested. Our ordinance only applies for people who obey the laws.”

Specifically, the ordinance does not allow two-stroke or racing ATVs to be operated on city streets between sunset and sunrise, requires that riders be 16 or older, hold a valid driver’s license, and not involve in unnecessary noise, smoke, reckless driving or otherwise cause disruption in the town. There’s also a 15 mile per hour speed limit and ATVs are required to yield to street-legal vehicles.

“Reasonable people can sit down and work out a reasonable solution to make it work,” Potter said. “Most of our people causing problems are local people. Surely to God we don’t want to knock out this economic [benefit] for our town.”

Vice Mayor Mark Love, a co-owner of Brimstone Recreation, said there was a need for changes and an opportunity for compromise.

“This is an opportunity for the community to come together and work together to find a solution that won’t hinder the tourism effort that has taken place over the last few years,” he said. He added that the community is at “a crossroads,” with pending action to determine whether it will “continue to be a community that welcomes tourism.”

Potter acknowledged that Sheriff Lay is doing his job by enforcing the law. But, it should be within reason, he added.

“I know the sheriff has a job to do,” he said. “Tell him to arrest people showing out and leave the people alone that’s not showing out.”

Potter echoed 1st District Commissioner Jeff Watson’s call to “get the state involved” to designate specific roads for ATV travel.