The Cumberland County Commission will meet later this month and one resolution to be considered involves regulations for proposed motor vehicle racing tracks in the county.
The resolution to be considered is as follows:
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:
- “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.
The Cumberland County Commission will consider the approval of this resolution Monday, August 17, 2020 at 6 p.m. on the 3rd floor of the old courthouse in Crossville.