City Council Approves ATV Noise Ordinance On 1st Reading, Though Attorney Says It Is "Way, Way Overbroad"

  • Tuesday, August 8, 2017

The City Council on Tuesday approved an ordinance setting limits on noise from all-terrain vehicles.

Councilman Chip Henderson said it filled a gap in the law, saying some residents are having to put up with noisy neighbors driving ATVs.

At the close of the session, several speakers asked the council not to approve it on second reading.

Jeff Griffith said his family has been in the motorcycle and ATV business since 1926, but it would be imperiled by the ordinance.

He said, "Seventy decibels is way too low. There is not an ATV made that meets the 70 mark." He recommended a level of 100 decibels.

Mr. Griffith, who is also one of the owners of Aetna Adventures, said, "Essentially, you are putting us out of business."

He read a list of local motorcycle and ATV dealers that he said would be affected as well.

Attorney Gary Henry said the ordinance "is way, way overbroad and 70 decibels is way, way too low."

He said a lawn mower makes more than 70 decibels of noise and residents on riding mowers could be getting tickets.

Councilman Henderson said those going up Aetna Mountain to ride ATVs "should have nothing to worry about." But attorney Henry said they could be ticketed while riding up the road through the Black Creek community. He said an off-road vehicle is the only way to travel the rough road.

The attorney said the ordinance is in violation of a court order obtained by those who ride ATVs up Aetna Mountain Road.

Steve Perlaky, an owner of Aetna Mountain Adventures, said under the ordinance he could be ticketed for providing ATV rentals to those found in violation of the new noise standard.

He said, "I see a lot of hassles that I'm going to be facing."

Mr. Perlaky said Chattanooga is advertised as "the Outdoor City" and many come from out of town to enjoy the ATV experience.

City Attorney Wade Hinton said the noise level would be from the property line within a residential section.

Councilman Russell Gilbert, who seconded the motion, said his district is plagued by those who rev up dirt bikes and motorcyles "just to irritate other people." He said, "I am definitely for this."

The second reading will be next Tuesday.

 

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