Police say gas stations can be fined for fueling illegal ATVs and dirt bikes, but experts question if the law is enforceable
- Cleveland police threaten clerks with fines for fueling dirt bikes and ATVs.
- Critics argue the law is vague, unfair to clerks, and rarely enforced.
- Despite new incidents, no tickets have been issued since early August.
Filling up at the pump is rarely enjoyable, but in Cleveland it could come with more than the usual price tag. Police are targeting dirt bike and ATV riders who illegally ride to gas stations and they say clerks who serve them could also face consequences. The ordinance allows officers to ticket not only the rider but also the employee who sells the fuel, a move critics argue is unfair and inconsistently enforced.
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On August 2, surveillance footage captured a swarm of dirt bikes and ATVs taking over Denison Avenue near W. 65th Street in Cleveland. Riders were weaving into oncoming traffic and using a nearby fuel station to gas up. Police are reviewing footage to see if they can ticket the riders in question or even the gas-station clerk.
A Law With Teeth, Rarely Used
Chief Annie Todd told News 5 Cleveland “I think they were out there having fun, but it’s causing a nuisance to the entire community.” That’s why her department is going after the riders and clerks. An ordinance passed in 2017 gives them such freedom. Those guilty of pumping gas into an unregistered vehicle and those who allow the sale can both get a $100 ticket.
In the years since the law went into place, it’s only ever been used nine times. Five of them were found guilty. One was dismissed earlier this year. Opponents say that sparse use is part of the issue with the ordinance. They also say it’s a bit draconian to force the clerk to take responsibility.
Putting Clerks In The Crosshairs
Susan Moran, a criminal defense attorney, asked “Is she (the clerk) supposed to be looking out the window while this is happening to make sure that appropriate vehicles are using the machines? This isn’t 1950. This isn’t when we’d send someone out to fill up your car.”
She also called out the potential for danger or violence if the clerk tries to stop the pumps when a group of these riders assemble. “So if a bunch of people show up with vehicles they’re trying to fill up and if she’s got to maybe turn off from the inside the tank, they’ll come in probably angry wanting answers and so now we have a confrontation.” Clearly, that’s not an ideal solution. At this point, it might require officers stationed at the fuel stop to deter such behavior.