During last night’s Cumberland County Commission meeting, members entertained a resolution regarding motor vehicle racing. It is intended to regulate public and private racetracks by placing noise restrictions on them. After discussion, the commission decided to send it back to the Environmental Committee for more debate.

The resolution regarding motor vehicle racing is as follows: (Again, this resolution was not passed last night and returns to a committee for discussion)

WHEREAS, Tennessee Code 55-22-102 gives authority to a county legislative body to regulate motor vehicle races. Such regulations may:

Provide for the times, dates and conditions under which motor vehicle races shall be conducted; and establish any other rule relative to the regulation and licensure of automobile racetracks that the county legislative body deems prudent.

WHEREAS, the Tennessee State Attorney General, in opinion OAG 17-20, opined that this regulatory authority extends to all races of all vehicles that depend on a motor for propulsion, other than railroads.

WHEREAS, the Cumberland County Commission finds that excessive noise generated by motor vehicle races is likely to be detrimental to the health, comfort, safety, convenience and general welfare of neighboring properties.

NOW THEREFORE, BE IT RESOLVED, that the Cumberland County Commission is adopting and establishing the following regulations and requirements pertaining to the public, commercial or private racing of any vehicles depending on a motor for propulsion:

DEFINITIONS:

“Motor Vehicle” shall be defined as any vehicle depending on a motor for propulsion.

“Racing” or “Race” is hereby defined as any contests of speed among two or more motor vehicles on any type of defined track, either public or private, with the intent to simultaneously compete or to operate a single vehicle at a high rate of speed with the intent to compete for faster times or speeds.

“Defined Track” means an area that is created, set apart, manufactured, constructed, beaten down or created by use upon which any type of motor vehicle is operated in a race.

RESTRICTIONS ON MOTOR VEHICLE RACING

• No motor vehicle racing shall take place on any property closer than 1,000 linear feet from the closest neighboring property or adjoining property line. If a parcel is separated from the parcel upon which the motor vehicle racing occurs by a roadway, green space, or body of water, said parcel shall still be considered a neighboring or adjoining property.
• No motor vehicle racing, or the operation of any motor vehicle upon a defined track created for racing or riding at a high rate of speed, regardless of location, can produce noise louder than 65 dBa during the day (7 a.m. until 10 p.m.) and 55 dBa during the night (10 p.m. to 7 a.m.) as measured on any location on any property parcel other than the parcel upon the race or race operations occurs.
• No motor vehicle racing, practicing or the operation of any motor vehicle upon a defined track created for racing or riding at a high rate of speed shall be operated or have motor vehicle running on the track after 11 p.m. central.
• No person, firm, or corporation either acting as real property owner, promoter, producer, organizer, or participant shall operate or conduct any motor vehicle race without showing proof of insurance meeting the requirements of Tennessee Code 55-22-101.

Neither the distance requirement nor the noise restriction stated above shall apply to the following:

• Any motor vehicle racing track that is open to the public and spectators and in routine operation at the time of the passage of this resolution. (meaning Crossville Speedway and Crossville Dragstrip would be exempt from this resolution)
• Any race or racing that occurs on the same parcel or adjoining parcels no more than 6 times within a 12 month period.
• Any race occurring as a sanctioned or authorized event at the Cumberland County Community Complex.

APPLICATIONS REQUIRED FOR MOTOR VEHICLE RACING

• No motor vehicle racing, race or racetrack shall be in existence or take place without an application being filed with the county clerk’s office. Said application will be reviewed and either approved or denied by the Cumberland County Environmental Committee. The application fee shall be $5.
• The Cumberland County Environmental Committee shall create, and update as needed, a written application that shall be available in the county clerk’s office.
• Upon receiving the application, the county clerk shall forward said application within 7 days to the chair of the Cumberland County Environmental Committee and said committee shall meet to review any applications for the operation of a motor vehicle race or racetrack within 45 days of the application file date.
• The application shall pertain to and ensure that the restrictions on motor vehicle racing as set out in this resolution, and/or any restrictions adopted at a later date are being met.

The Environmental Committee shall have the discretion to allow several adjoining landowners to consent to motor vehicle racing that may violate any portions of these regulations on their property. However, if the distance or noise requirements are not met as to any property owner in the vicinity and that property owner does not consent, the application cannot be approved.

The resolution does include an appeal process.

In other matters for the commission last night, the following passed:

• Pamela Walterberg was reappointed to a two-year term as a judicial commissioner.
• Wendell Wilson was reappointed to the Cumberland County Railroad Authority.
• Everett Bolin, David Hassler, and Dr. Mark Fox were reappointed to the Cumberland County E-911 Emergency Communications Board of Directors.
• Trey Kerley and Terry Lowe were reappointed to the Cumberland County Regional Planning commission
• TDOT will be replacing the bridge on Highway 70 soon just past the entrance to the Obed River Park. The work will require a small piece of right-of-way along Highway 70. This resolution is in support of this work.
• Cold Springs Road was placed on the official county road list so it can be maintained and opened for public travel. Tennessee Wildlife Resource Agency (TWRA) recently put up a gate that was closed all the time and impeded the entrance to a cemetery. TWRA has now informed the county they will no longer block that area with the gate.