In our continued coverage of Alabama Senate Bill 234 introduced by local State Senator Andrew Jones, we at WEIS have received a letter from a local resident located near the Indian Mountain ATV Park. The Cherokee County only local bill seeks to regulate ATV Parks in Cherokee County.
Mrs. Sharon Allen Says:
“There has been much talk of the local ATV park Indian Mountain and its place in Cherokee County. There has also been a lot shared, often littered with accusations, name calling, and vitriol, of our local and state officials. It is often hard to calmly speak up to cut through the noise, but I would like to take a brief moment to attempt do that for our community.
I, like most residents of the Rock Run, Bluffton, and Spring Garden communities, enjoy a quiet life. I, as many others are landowners who have acquired property but more often than not, have acquired it from our families that have long lived in the area. This is our home.
I can say for myself that I do not wish to see any business shut down and can say with certainty that the vast majority of our community feels the same way. We want to see a successful business that gives good people and especially families, a fun and enjoyable experience in our neck of the woods. However, everything is not perfect, and despite what you may read or hear, there are problems. I ask anyone to imagine a fleet of essentially dune buggies (RZRs Can-AM etc..) running by your home at two, three, or four in the morning when you are trying to sleep. Imagine your community EMS consistently fielding injury calls from accidents happening at the park. I ask you to imagine your children playing in your yard when fleets of people come into our area travelling down, not US Highways, not Alabama State Roads, but Cherokee county blacktops. That is the reality almost every weekend in our community.
This has been going on since 2020. There are those of us who have tried multiple ways to discuss this with park ownership and county leadership. We have had community members speak at commission meetings and have tried to find some area of compromise that would work for both parties. Unfortunately, nothing has changed, and the problem has only gotten worse and unfortunately, like in so many other cases, a few bad apples can spoil the experience of the majority of the good ones. We live in a country of freedoms, but those freedoms do not extend beyond the point of limiting those of another person or persons.
It seems perfectly reasonable to request “The county commission may establish reasonable operating hours for parks.” Which is one of portions of this bill that anyone can read for themselves.I want to say in closing that there are dozens of individuals and families in our area that have been trying to obtain some level of peace and resolution in this matter. We are Cherokee County residents, most of us born and raised. We only ask that our rights are looked after and protected as well.”Sincerely,Sharon Allen
Indian Mountain ATV Park also recently released a public statement as well:
We also recently had the opportunity to speak with Labreeska Ponder one of the owners of Indian Mountain ATV Park, you can hear her statement here:
“In reference to the Senate Bill 234, Just reading it and watching it transpire down in Montgomery, it has been truly heartbreaking for us to watch, and see that our elected officials from the county to the state level have targeted a small business, a single small business, our small business. I know that we provide much needed tax revenue for Cherokee County, as well we have created other businesses , or other people have created small businesses I should say, in their small businesses and through those small businesses we have assisted with fundraisers and charity , we have proudly supported many of the local schools and civic groups, food banks in the area in Cherokee County and the surrounding areas. The Bill that Senator Jones has represented is a direct government overreach and should very much frighten the people in this area and this community in the way it is using legislative and executive power in this state to attack local business , and Indian Mountain ATV Park, Our Business. “
Senator Andrew Jones had also issued a statement on the bill in answer to the negative feedback:
“The Facebook warriors seem to be forgetting about the local Cherokee County residents who live around the ATV Park. These folks have rights as well, and they have been asking for help for over 5 years. Riders from out of state and out of county should not be allowed to negatively impact the quality of life for residents of the Rock Run community.
My job is to find a middle ground that protects our citizens and provides reasonable rules through which the ATV park can continue to operate. Our proposed regulations are much less strict than Georgia. I challenge everyone to read the bill for themselves. There’s absolutely nothing in the legislation that would shut an ATV park down.It’s unfortunate that we have to have legislation so that folks will be good neighbors, but sadly, that is where we are at. We would not be in this situation if the park operators had worked with surrounding property owners to put reasonable safeguards in place.By this time next year, I’m hopeful that folks will see the ATV park continuing to flourish, local residents having some peace, and all involved being on better terms with each other. ” -Andrew Jones
In 2021 WEIS Radio covered the ribbon cutting for Indian Mountain ATV Park:
You can view stories from our previous coverage of the bill and the reactions to it here:
https://weisradio.com/2025/04/11/atv-enthusiast-voice-opposition-to-andrew-jones-senate-bill-234/
Here is the text of the bill if you wish to read it in it’s entirety:
This act shall apply only to Cherokee County.
For the purposes of this act, the following terms have the following meanings: (1) ACCESS POINT. Any point along the entire perimeter of a park or proposed park where the park operator intends for customers to enter or exit the property by automobile, regardless of whether the point is constructed or natural. (2) APPROVED ACCESS POINT. Either of the following: a. A location that has previously been approved, permitted, or grandfathered through the county’s driveway or access management policy and has been previously used to access the tract. b. A location that has previously been used to access the tract, if the county does not have a driveway or access management policy. (3) OFF-ROAD VEHICLE. As defined in Section 32-8-2, Code of Alabama 1975, including, but not limited to, all-terrain vehicles, dirt bikes, or off-highway vehicles. (4) PARK. Any privately-owned location that charges a fee to operate an off-road vehicle at the location and either hosts off-road vehicle races or meets two or more of the following criteria: a. Consists of more than 100 acres. b. Has collected over 100 separate fees for the operation of off-road vehicles in any calendar month. c. Has collected more than two thousand dollars ($2,000) in fees for the operation of off-road vehicles in any calendar month.
(a) Commencing October 1, 2025, no person may operate a park unless the person has a valid permit from the county commission. (b) As a condition for the issuance of a park permit, the county commission may require a permit fee not to exceed fifty dollars ($50). (c) The county commission may not issue or renew a park permit until the person seeking a permit has submitted each of the following: (1) A copy of a written contract for emergency services for the proposed park. (2) A detailed map of the area which identifies all of the following: a. The location of any tract included in the park. b. Each access point from a public road to each tract. c. The physical boundaries of the park. d. Each riding trail in the park. e. Each creek, stream, or other water channel in the park. f. Any areas in the park where off-road vehicle operations are prohibited. (3) With respect to any access point to the tract, whether the access point is a new or approved access point, including details outlining how each access point will be accomplished while maintaining the normal drainage features on each public road. (4) The expected routes upon public roads for travel to and from the park related to operations of the park. (5) The estimated acreage of each tract. (6) The estimated date that access to any public roads will commence. (7) The name, address, and daytime telephone number of the person that operates the park and the contact information for an individual who shall act as agent for the operator. (8) The name and address for the liability insurance carrier of the person that operates the park, if applicable. (9) Copies of any other certifications or approvals necessary for the park to operate any other commercial activity taking place on park property but not related to off-road vehicles, including, but not limited to, certifications or approvals from the Department of Public Health, the Department of Environmental Management, or the Alabama State Law Enforcement Agency. (d) The county commission may not consider a park permit application before the proposed park has been inspected by the county license inspector or his or her designee. Following the inspection, the county license inspector or his or her designee shall certify to the commission whether the proposed park has satisfied the requirements of this section. If the proposed park satisfies the requirements, the commission shall approve the park. If the county license inspector determines that the proposed park is deficient in any regard, the inspector shall detail the deficiency to the commission and recommend that the application be denied. The inspector shall send a copy of any recommendation or deficiency report to the applicant. (e) The county commission may charge a reasonable inspection fee, payable by the operator of the proposed park. (f) The county commission may establish reasonable operating hours for parks. (g) A permit is not required under this section for a location using off-road vehicles solely for agricultural purposes. (h) A permit issued pursuant to this section does authorize any off-road vehicle to cross or drive on any public road. (i) The county and the county commission shall be immune from any claims of negligence made by a third party regarding the operating of any park.
(a)(1) The county commission may provide that a person who operates a park without a valid permit in violation of Section 3(a) is subject to a civil fine of not more than five thousand dollars ($5,000) and that a person operating a park outside of the hours established by the commission pursuant to Section 3(f) is subject to a civil fine of not more than five hundred dollars ($500). (2) Any law enforcement officer may issue a citation alleging a violation of any provision of this act. (3) A person charged with a violation may pay the civil fine or request, within 30 days of receipt of the citation, a due process hearing before the county commission or its hearing officer on the validity of the citation. An order of the county commission finding a violation and an assessment of a civil fine shall be final within 30 days of the finding unless appealed to the Circuit Court in Cherokee County based on the administrative record of the hearing. (4) Any civil fine due and owing shall be considered a debt owed to the county commission and shall be enforceable by civil action in the same manner as any other debt. The person owing the fine shall be liable for all costs, including court costs and attorney fees, and all other expenses of litigation if civil action is taken to collect the fine owed. All fines collected shall be payable to the county and deposited in the county’s road and bridge fund. (b) The county commission may enjoin a person from operating a park by a civil action for the injunction brought in a court of competent jurisdiction in the county.
(a) Any person operating a park shall follow the best management practices established by the Alabama Forestry Commission as they pertain to forested watersheds, including, but not limited to, the use of creeks, streams, and water channels, and shall be subject to inspection. (b) The county commission may contract with the State Forester to provide inspectors to investigate compliance with this section. (c) The county commission may charge a reasonable inspection fee, payable by the owner of the park.
This act shall become effective on June 1, 2025.
