Cape Coral’s law enforcement is cracking down on illegal all-terrain vehicle use throughout the city as part of an ongoing operation.

The Cape Coral Police Department’s Special Operations Bureau was out this past Saturday looking for the unlawful use of ATVs on private property, trespassing areas and even on roadways.

“The operation is part of an already ongoing plan to curb unlawful ATV usage within the city limits of Cape Coral, with the goal of ending this usage as well as the dangers and nuisances that come with it,” said CCPD Master Corporal Philip Mullen.

CCPD officials said illegal ATV usage creates safety hazards for both the public and operators of the vehicle. CCPD said they have received complaints of those riding ATVs into wooded and private areas creating bonfires and even discharging firearms.

“Local residents have reported enormous bonfires on wooded vacant land, discharges of firearms, underage drinking, and loud partying,” Mullen said. “The former two present a clear danger to anyone in the vicinity, with the latter two affecting quality of life. All run afoul of state law and city ordinance.”

Operating an ATV anywhere in the Cape is unlawful unless the rider owns the property on which they are operating. Riding on roadways (unless street-legal with a valid license plate and registration) is considered operating an unregistered motor vehicle. Riding on vacant lots or land is a city ordinance violation and also may be criminal trespassing.

Officials said the operation will focus on areas with frequent issues within the city limits of Cape Coral, including the illegal parking of trucks and trailers on vacant land and lots.

“The complaints stem from all over the city,” Mullen said. “The trespassing and off-road usage is mostly in the north Cape, while we also get complaints citywide about ATV use on the roadways, which is also illegal unless the ATV is street legal and registered.

“ATVs on the roadway create dangers for lawful motorists as well as the ATV riders. Off-road usage is using land marked as no trespassing, and in remote areas where if they are injured medical help is not going to be easy to come by. Fires, firearms and drinking add dangers to both the violators and to residents near these areas.”

In Florida, according to state statute, “all-terrain vehicle” is defined as: any motorized off-highway vehicle 55-inches or less in width which has a dry weight of 1,500-pounds or less, is designed to travel on three or more non-highway tires, and is manufactured for recreational use by one or more persons.

Florida State Statute 316 also prohibits (with county exceptions) the operation of an ATV on public roads or streets in the state, unless during the daytime on an unpaved road where where the posted speed limit is less than 35 mph.

“We want anyone who enjoys operating ATVs to do so in a safe, lawful and respectful manner,” Mullen said. “It is a simple request to abide by laws and ordinances while enjoying a pastime, and knowing the laws and where they can ride and follow them is incumbent upon anyone that owns and operates any vehicle.”

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