Resident pushing for county to regulate grass clippings on roads to prevent motorcycle crashes

A local resident is urging Dubois County Commissioners to establish an ordinance prohibiting grass clippings on roadways, citing motorcycle safety concerns and potential accidents.

Russell Friedman presented his case during Monday’s county commissioners meeting, explaining that wet grass clippings create hazardous conditions for motorcyclists.

“The grass..is 85% water, which makes it slick, almost like ice,” Friedman told them. “That’s what happens. You get on there, especially on a curve, and you slide off.”

Friedman noted that while there haven’t been any fatalities in the county yet, there have been “a couple of minor accidents years ago.” He brought a petition signed by supporters of the proposed ordinance.

The county previously addressed this issue in 2019 by passing a resolution, but Friedman felt this measure lacked enforcement power. He said his neighbor continues to blow grass onto the roadway despite being aware of the resolution.

According to Freidman, Dubois County Sheriff Tom Kleinhelter supports establishing an ordinance giving law enforcement the authority to enforce the rule.

Friedman claimed that grass clippings on roadways contribute to 20-25% of all motorcycle accidents nationwide.

“I’ve seen it several places that get that thick and even a car can have a problem,” he told commissioners, recounting an incident where a former deputy had to use a shovel to clear thick grass clippings from State Road 56 east of Hayesville.

When asked about appropriate penalties, he stated serious consequences could apply depending on the severity of any resulting accidents.

The commissioners expressed mixed opinions about creating an ordinance. Commissioner Nick Hostetter recalled the 2019 discussion when the board opted for a resolution rather than an ordinance, citing concerns about putting people who mow in dangerous situations.

“Where I live on the highway people go by 60 miles an hour. I have my back to traffic,” Hostetter explained. “I do mow inward just because I’m aware, but it does scare me a little bit. There is one area where my grass will blow on the road. I always go back and remove it. But there’s a brief period there where it’s going to be on the road, there’s no way for me to avoid it.”

Hostetter wondered if there was data to support the safety concerns. “Everything I’ve seen on grass clippings on the road is somebody saying it’s dangerous. I’m not saying it’s not (dangerous). I haven’t seen any actual study data,” he mentioned.

Commissioner Chad Blessing said he favored moving forward with an ordinance, suggesting it would give law enforcement “teeth” to address complaints when people refuse to clean up grass clippings. He recognized that the state already has a law that says you can’t put “dangerous materials” on the road.

“My thinking today is that it won’t hurt anything to have it on the books,” he said about a county grass clipping ordinance.

The county attorney clarified that an ordinance would make the offense a civil matter rather than criminal, allowing for citations and fines but not incarceration.

Hostetter voiced concerns about enforcement discretion, asking, “At what point can you be fined for grass in the roadway? There’s some grey area there. If a little bit of grass blows out in the roadway, a stickler could come by and say there’s grass in the roadway, we’re gonna write you up.”

The commissioners acknowledge that enforcement would require officer discretion, as is the case with most laws.

Commissioner Hostetter expressed reluctance to support an ordinance, suggesting that public awareness is the better approach. “I believe it’s a kind of a public awareness thing and everything needs to be done that created that awareness. I think that’s why we did the resolution last time.”

Blessinger and Commissioner Serice Stenftenagl said she would likely support the ordinance. Stenftenagal said it was important to prevent something serious from occurring.

The discussion also briefly touched on motorcycle helmet laws, with some commissioners suggesting that rider safety measures should be prioritized alongside road hazard prevention.

The commissioners ultimately agreed to have the county attorney draft a preliminary ordinance for review at their next meeting in two weeks. They noted that any ordinance with penalties would require public advertisement and an opportunity for opposition to be heard before adoption.

The next discussion is scheduled for 8:45 a.m. on the 21st of the April, though the commissioners clarified that no final action would likely be taken at that meeting.

Friedman told the commissioners he is also pursuing state-level action through State Representative Shane Lindauer, though he reports any state legislation would likely not happen until next year.