Off-road vehicle use hard to restrain

Randy Moomaw

PLEASANT VIEW — Town Attorney Jennifer Noe updated the Pleasant View Board of Mayor and Aldermen last week on state statues that address noise, dust and behavior issues regarding the use of off-road vehicles in residential areas.

Some residents and town leaders have voiced concerns in recent months about noise pollution and reckless use of four-wheelers and dirt bikes in various neighborhoods.

Noe said state statues are in place to address off-highway vehicle activity.

“Pleasant View has no authority to enact above and beyond state statutes,” Noe said. “You can’t control a private citizen’s use of their own property.”

She pointed out that if a property owner gives permission their property can be used by off-road vehicles, adding that it’s a criminal offense for those using the property without permission.

Property owners are also allowed to use their property for their own recreational use.
She found other ordinances related to off-road vehicles such as helmets required for those under 18 unless they are on their own property.

As far as noise issues are concerned, Noe said a person can be charged with disorderly conduct if noise is considered unreasonable or unlawful activity. She added that the challenge comes with defining what is unreasonable.

Police Chief Michael Douglas acknowledged that it’s hard to determine what is unreasonable.

Alderman Barry Breen has voiced concerns about off-road vehicle use of a vacant lot in the subdivision where he lives.

Noe said it was up to the discretion of the police as to whether someone should be cited.

Breen said he wanted to be fair and understood that consideration for others cannot be legislated. He rejected Noe’s assertion that there was nothing that could be done other than what was allowed by state statutes and the city charter.

He suggested that something be drafted to address the issue, understanding that it may be challenged via litigation.

“I’d rather go to court trying to do something good. And who knows maybe we wouldn’t lose. We might be leading the way,” Breen said.

Noe expressed the desire to keep the town’s legal expenses down.

“If you lose you’re libel for attorney fees and the fees of those bringing the suit,” she said.

Maggie Martin, a neighbor of Breen, told the board she believes Breen was using his position for personal issues and was not telling the truth about use of the vacant lot. Martin’s son is one of those who has permission to use the vacant lot for his off-road bike.

• Park update

In other business during the workshop, construction of a road through the new Pleasant View Community Park was also discussed.

A piece of property measuring .9 acres is holding up progress on completion of the road and a resolution is under consideration to condemn the property.

“Offers made to purchase the property have been rejected,” Mayor Kerry McCarver said, adding that the owner’s counter offers have been roughly five times the assessed value of the triangle-shaped plot of land.

The town has offered the property owner $7,000.

Alderman Teresa Walsh expressed concern about condemning the property, but McCarver reasoned that the land is for the public good.

The first phase of the 36-acre park on Pleasant View Road is expected to be bid in the fall.

The board’s monthly meeting will be held at 7 p.m. on July 14.

Source: http://www.tennessean.com/article/20090701/MTCN0101/307010014/1291/MTCN01/Off-road+vehicle+use+hard+to+restrain

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