Atlas Twp.- Randy VanHorn, 43, lives on about five acres in the often placid township countryside dotted with pastures, woodlots and a few old barns. Yet the rolling landscape and rural setting has a new element–noise.
About two years ago VanHorn, an avid motorcycle rider constructed a dirt track complete with jumps, curves and a straightaways behind his home. The track, says VanHorn, is used by himself and a few supervised neighbors who enjoy riding dirt bikes.
‘I’ve ridden bikes my whole life,? he said. I get out there a few times a month a few laps at time and yes, there’s minimal dust kicked up, but it depends on the amount of rain we have.?
Neighbors Ron and Linda Hautamaki aren’t so happy with the dust or noise emitted from the high revving motorcycles. The couple built their home about seven years ago after purchasing the township property in 1976. About 700 feet of the couple’s nearly five acres border the dirt track.
‘You have to close your windows due to the dust,? said Linda. It drives me crazy. It makes me want to move out of here.?
Ron agrees and says it’s difficult to use their property when the dust comes over the house.
‘It’s just a shame this is a nice place but the dust and noise is bad. I hate to complain but it gets bad.?
The neighborhood issue of noise and dust produced by recreational vehicles is not exclusive to these property owners, says Rick Misek, township planning commission member.
‘The township is aware of the problem and may choose to address the issue with reviewing ordinances. The township will seek to resolve the concern in what- ever manner that’s deemed satisfactory for the individuals.?
‘Right now there’re other dirt tracks in the community that could be influenced by a change in, or a new ordinance,? he said. ‘It’s a delicate balance between property rights on both sides of the issue.?
Misek added that currently the township has a noise ordinance but it only relates to commercial, light and heavy manufacturing.
Atlas Township is not alone with regard to such an ordinance.
In March Brandon Township inked revisions which expanded the previous noise section within the ordinance from one paragraph to nearly two pages. The ordinance now grants greater latitude to enforcing agents in determining what is a nuisance.
The changes to the ordinance come after two years of study.
Tim Palulian, township building and planning director said the changes were needed to enable enforcing agents to determine what qualifies as a nuisance. The township had been unable to address certain activities, such as the use of recreational vehicles on private property, with the current ordinance and the new language is more definitive.
In drafting the new ordinance, the township attorney used court precedents to determine what sheriff’s deputies and the building department would legally be able to enforce.