Commissioners set public hearing on ATV ordinance

By: Sharon McBrayer | Morganton News Herald
Published: July 20, 2010

Morganton --

Commissioners will hold a public hearing tonight on a proposed amendment to the county ordinance regulating off-highway vehicle use on private property.
The Burke County Board of Commissioners’ hearing also includes a zoning text amendment to the ordinance regarding commercial racetracks.
Off-highway vehicles are ATVs or off-highway motorcycles or other vehicles used for recreational purposes.
The ordinance proposed to regulate riding on private property addresses noise and dust levels. The ordinance says sound levels can’t be above 65 decibels at any point on a property. Private motorized recreation can’t kick up excessive dust for nearby property owners, the ordinance says.
Riders on private property also would have to abide by the Burke County Code of Ordinances regulating hours of operation for “other sound generating activities.”
The existing ordinance code for commercial tracks limits the hours of operation between sunrise and 11 p.m.
The text amendment change to the current ordinance regulating commercial tracks would limit the decibel level to 65.
If a neighbor of a property that allows off-highway vehicles to ride makes a complaint about noise or excessive dust, an officer with the sheriff’s office will investigate, the ordinance says. The officer could conduct interviews with both sides, do a sound test and check dust levels.
Violating the ordinance would be subject to a misdemeanor and a fine of $50 for the first offense, $100 for the second offense and $250 for the additional violations, or imprisonment of no more than 30 days. They also could face civil penalties, with the same fines as a criminal offense.
Every fine would carry a minimum in court costs of $120.
For the ordinance to pass on first reading tonight, all five commissioners have to approve it. If the majority of the board approves it but it’s not unanimous, the issue will have to come before commissioners again at their next meeting, according to information from the county.
Commissioners have several options in deciding on amendments to the ordinance. They can approve, deny, approve with modifications or request further study by staff and the Off-Highway Vehicle Committee concerning issues raised during the public hearing. Commissioners also could make other suggestions.
To implement the amendment, the sheriff’s office would need sound meters to measure noise. Cost of a meter is estimated at $700.
The proposed changes come after months of discussions, with commissioners appointing an Off-Highway Vehicle Committee in March. The committee, which was made up of riders and property owners, as well as county representatives, met from March through June.
The meeting starts at 6 p.m. in the Burke County Services Building on North Green Street.

Commissioners set public hearing on ATV ordinance

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