ATV/motorbike noise rattles Big Mine Run residents

John E. Usalis

FOUNTAIN SPRINGS - Several residents of the Butler Township village of Big Mine Run strongly voiced their complaints Tuesday against all-terrain vehicles producing excessive noise during the monthly meeting of the Butler Township supervisors.

The issues of noise and safety concerns involving ATVs and off-rode motorbikes were raised during supervisors' meetings about two years ago. The main complaints were the constant noise, particularly on weekends, when the recreational vehicles are in use in nearby Reading Anthracite mining areas, and ATVs driving on state and township highways, which is illegal.

Prompting the renewal of complaints was the supervisors' adoption of a noise ordinance in June, leading residents to believe that the noise restrictions would apply to the recreational vehicles.

However, township solicitor Christopher Riedlinger said the ordinance did not apply.

"All we want is our quality of life back on Saturday and Sunday and to enjoy it," said Big Mine Run resident Michael Dross. "It's every weekend until its pitch dark. There's underage drinking going on. It's only a matter of time that someone is going to get hurt on that mountain."

Dross said he spoke to a police officer and was told that ATV noise is "a different type of noise" and doesn't apply to the new ordinance.

Riedlinger said there are different types of noise and the township can enforce against some of them, but not all.

"If police officers see something, or they have evidence that would allow them to file citations or charges, they can cite people, such as for underage drinking or cite people for riding on the roadways if they can see the act or apprehend the people," said Riedlinger. "The problem you face, along with how the township's hands are tied, deals with the state vehicle code. A state law regulates the noise level of ATVs. As long as these ATVs are in compliance with state requirements, no township, this one or any other one, can pass an ordinance saying that noise level is excessive."

When another resident complained that the ATV riders are driving on state or township roads and ignoring laws, such as obeying stop signs, Riedlinger said he made it clear that there are violations that the township can enforce.

"I never said they said they could drive on the roads. As a matter of fact, I started my comments by specifically saying if they're driving on roadways, they can be cited," Riedlinger said.

"I could care less if they zip up that road 100 miles per hour and don't get killed, but as long as they're going from Point A to Point B, and Point B is someplace where I can't hear them, I don't care about them driving on the roads," Dross said. "All we want is quality of life, bottom line."

"The township cannot prohibit a noise allowed by a state law," Riedlinger repeated.

"If anyone one of you had this noise for just one weekend, you would be rewriting this law to specifically prohibit them," Dross said. "The outlaw in this case has more rights than the tax-paying citizen. If we have to live up there with this, then I don't think we should have to pay taxes. That should be our reward at least."

Resident Lee Sincavage complained about township police not patrolling enough or in areas other than Lavelle along Route 901.

"They should be watching the things that are going on in our towns here, and it's not happening," Sincavage said. "What's going to happen is it will be an innocent bystander that's going to get killed there. Maybe you should get different cops."

Sincavage added that some recreation vehicles have been modified by having the baffles removed from the mufflers, making them louder than originally designed.

"According to the vehicle code, they can be cited," said Riedlinger on the altered mufflers. "If the ATVs are operating at a higher noise level because of adjustments the owner made, that's in excess of the state vehicle code requirements and they can be cited. I said they cannot be cited under the Butler Township noise ordinance as they're as the noise level is meeting the state vehicle code requirements."

"So you're basically saying we're second-class citizens out there," Sincavage said."

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Source: http://republicanherald.com/news/atv-motorbike-noise-rattles-big-mine-run-residents-1.898408

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