June 10, 2011 in City

County may pull head gear plan

Commissioners discuss proposed helmet, motor track ordinances

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County commissioners are tapping the brakes to avoid colliding with constituents who want to ride their motorcycles and bicycles without interference.

Without once using the phrase “back-pedaling,” commissioners managed Tuesday to increase the distance between themselves and controversial legislation they requested.

Commissioner Mark Richard said in April that he was “fully in support” of requiring bike helmets in unincorporated areas.

Commissioner Al French said he considered that “reasonable regulation” of public rights of way – just as he did when he voted for Spokane’s helmet law when he served on the City Council.

On Tuesday, though, French said he wanted to know whether the city ordinance was working as expected. He questioned whether helmet enforcement would be “getting the best value” from sheriff’s deputies.

“I very well might end up saying that education might be the best course for us,” French said. “Why pass an ordinance that you can’t enforce?”

Richard agreed: “Clearly, we’re not in a position where we can force an additional burden on the sheriff.”

He said he presented the issue because he felt a responsibility to listen to Spokane Regional Health District concerns, but wasn’t sure how he would vote.

“I’m not dead set that we have to adopt something, but I’m dead set that we have a conversation about this,” Richard said.

Commissioner Todd Mielke was skeptical all along about passing an ordinance the county couldn’t or wouldn’t enforce. However, he was active in getting the county Planning Commission to consider regulations for private motorcycle and off-road vehicle courses.

A proposed ordinance would limit private “motor tracks” to two acres within 10-acre or larger parcels in certain rural zones. Tracks would have to be at least 250 feet from any neighbor’s house.

“Perhaps the draft ordinance goes further than we need to go,” Mielke said Tuesday.

The proposal was overwhelmingly opposed at a packed Planning Commission hearing last month. The commission is to deliberate next Thursday.

Richard called for planning commissioners to present “a menu of alternatives.” He thought the problem might be resolved with fewer rules.

Still, neither he nor Mielke was ready to drop the issue. Persistent motorcycle noise can infringe people’s constitutional right to “quiet enjoyment” of their property, Richard said.

Mielke saw a “natural conflict” in suburban areas.

He said the problem is, “How do you regulate people being good neighbors?”

French kept his own counsel on the motor track ordinance.

Two comments on this story so far. Add yours!

• 

  Orphan on June 10 at 5:52 a.m.

  Someone please show me where the Constitution says you have a constitutional right to “quiet enjoyment” of their property. The Constitutioin limits what the goverment can do to the people not what people can do to other people. The Constitution dosnt affect what I do to you just try to come onto my properety and see how long you can retain your right to free speach.

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  greenlibertarian on June 10 at 5:11 p.m.

  Commissioners and interested member of the public should read this story:

  The Motorcycle Track Makes Us Crazy
  Dorian Hargrove

  ‘It’s starting now. Do you hear it?” Henry asks. The raspy chirp of a motorcycle engine intrudes upon the morning’s stillness, muffling songbirds in the avocado grove on the slope below Henry’s house in Rainbow. Five miles away, the day’s first rider has entered a dirt track at the Pala Raceway.

  The sound of motorcycles is all too familiar to area residents.

  Located off Highway 76 on the Pala Reservation, the raceway was built by Ryan Oullette on 200 acres that he leases from the Pala Band of Mission Indians. Since opening in April 2009, the raceway has been popular with motocross riders. It now has 13 tracks, according to a map on the raceway’s website.

  The raceway is not, however, popular with the hundreds of residents who live within ten miles of it. Since it opened, neighbors have complained about the noise to the tribal council, to Ryan Oullette, and to county supervisor Bill Horn. (continues)

  http://www.virtualonlineeditions.com/article/The+Motorcycle+Track+Makes+Us+Crazy/739910/0/article.html