Noise concerns aired over a new race track near Pollard

Bill Harris, who lives across the road where a new dirt racing track is being built at the intersection of Highway 31 and Old Highway 31 in the Pollard-McCall area told members of the Escambia County Commission that he's concerned about the "noise pollution" that will come when the track opens.

However, commissioners said there was nothing they could do because there were no noise ordinances in the unincorporated areas of the county.

"I feel a little bit selfish," Harris said. "It could involve a lot of us, but I live across the street."

Harris said most towns have ordinances addressing noise, but didn't think the county had any such ordinance.

The race track in question is under construction by Chuck Day, who earlier said he plans to hold 12 races a year. Day noted the race track will encompass 1.5 acres of the 29-acre tract of land, which will also include a convenience store. Day has said the races will be held from 8 a.m. to midnight.

Day said weather permitting, the first race will take place on April 14.

"I'm here today to see what can be done to set up some kind of noise ordinance for the county," Harris said to the commissioners. "I'm at a loss of where to go other than the county commission."

Harris said he had no objections to the race track other than the noise, noting he's lived in his house across the street from the track for 30 years.

He also said he didn't see the need for another race track about 5 miles from the Flomaton race track.

Commissioner Larry White, whose district includes the area where the race track is being built, said he has been asked what the county could do.

"We are a county without land use regulations, no zoning," White said.

White said the closest thing to zoning is the county's ability to regulate new subdivisions.

White noted in 2005 a statewide referendum passed granting limited local authority to counties to pass ordinances concerning seven issues. He said the commission at the time adopted three of the seven that included weed abatement, illegal dumping and criminal littering. White said the commission was focused on illegal dumping.

The referendum gave counties the option of passing ordinances addressing junkyards, abatement of noise, abatement of unsanitary sewage and abatement of pollution, but the commission only passed ordinances addressing three of the seven.

White said at the table, the commission has the authority to consider a noise ordinance, but noted it would apply to every noise made in the rural area of the county.

He also said violation of the noise ordinance would be a civil matter, punishable by a $150 per day fine.

County Clerk-Administrator Tony Sanks said if the county passed a noise ordinance it could apply to the Georgia-Pacific Mill if it exceeded the decibel limit.

Commissioner Brandon Smith said the noise ordinance would also apply to farming operations and other businesses.

Sheriff Grover Smith agreed that most noise ordinance violations are civil issues not criminal issues and that enforcing noise ordinances was a nightmare for law enforcement and prosecutors.

Harris was told there was very little the county could do, but the matter could possibly be addressed in the Alabama Legislature.

When contacted after the meeting Harris said he's still researching his options.

"It's still not right they can build what they want to and make as much noise as they want do," Harris said.

He said the race track would cause property values to go down because nobody would want to live next to a race track.

"I'm still looking at computers trying to come up with something," Harris said. "This affects everybody in the community. A lot of people built new homes and had no idea a race track would be coming in. I'm disappointed."

"They have the right to build them, but what gives them them the right to throw their noise on us?" Harris said.