Fines threatened over battery-operated toy

Eric Leake

Monday, May 16, 2005 | 9:36 a.m.

Little Benjamin Firestone likely does not know the trouble he caused by riding his Fisher-Price Power Wheels in front of his home.

Neighbors objected to the noise and liability. The Spanish Springs homeowners association sent the Firestones warning letters that threatened fines.

Benjamin, 4, was prohibited from riding in the street, and the battery-powered toy was garaged.

Michael Firestone, Benjamin's father, surprised at the ordeal, is now fighting the ruling.

"I can't believe what I'm going through with this. I really can't believe this," Firestone said.

Rules for the private community, near Lone Mountain and Fort Apache roads in northwest Las Vegas, prohibit motorized vehicles on streets unless the driver has a valid state license.

Firestone said he cannot believe the same rules apply to an electric toy, such as the 2-foot tall Power Wheels, which looks like a 4-wheel ATV and has a top speed of 5 mph.

He has begun collecting petition signatures to have the toys exempt.

He said he likes the community standards the homeowners association protects but not what he calls "nit-picking." He said the association is reaching too far in its authority.

"They keep forgetting it's for the people. They're just a board," Firestone said. "They try to push the little guy until somebody stands up to them."

The president of the association directed calls to a management company.

Ken Tastad, a community manager with CAMCO, said the association applies the rules but did not write them. He said they are rules Firestone agreed to abide by when he moved into the community.

The association's main concern, Tastad said, is the possibility of an accident.

"They're concern is to do their very, very best to prevent any type of a catastrophic situation that we read about all too often," he said.

Tastad said the rules may have been written to prohibit gasoline-powered vehicles and interpreted by the board to include Power Wheels. He said the rules may be changed through petition. The association also might send out ballots to survey resident opinion.

Michael and Kimberly Vestuto live two houses away from the Firestones. They said they have no problem with the toy.

"Not at all," said Michael Vestuto,who also has children and said he has had similar issues with the association.

"They've gone overboard. They've overstepped their bounds," he said. "When a 4-year-old can't ride a toy in a neighborhood, it's pretty bad."

The Firestones said they want to see the issue resolved, possibly through compromise, and go on with life in the community.

"It is a little uncomfortable because we happen to be surrounded by the people who made these rules," Cindy Firestone said.

Michael Firestone said he has offered to waive responsibility and that he would abide by a community majority decision.

He said he moved from a busy street in Summerlin to the closed street in the smaller community two months ago because he thought it a good place for families.

"I didn't realize I'd have issues with neighbors who don't have kids," he said. "This isn't Sun City."

Firestone said he expects the issue to be addressed at the association's next meeting July 19.