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DTOR in KY needs help

Old 07-10-2013, 09:53 AM
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Default DTOR in KY needs help

Short version: Neighbors pushing ordinance that would effectively shut the park down. DTOR has posted this on their facebook page:

TRIMBLE COUNTY JUDGE IS PROPOSING ORDIANCE TO CLOSE DIRTY TURTLE OFFROAD


July 9, 2013 at 5:58pm

TRIMBLE COUNTY JUDGE IS PROPOSING ORDIANCE TO CLOSE DIRTY TURTLE OFFROAD

PLEASE TAG AND SHARE EVERYWHERE.

July 9th, 2013

Dear DirtyTurtle supporters and offroad riders everywhere. I came to learn of a proposed ordinance that is designed to shut down DTOR after operating for three years is being brought to a vote July 15th, at 5:30 pm EST at the Trimble County Courthouse in Bedford KY.

Since DTOR opened our neighbor across the street, Frankie and Donna Oneil(H:502.255.3637) have tried almost weekly to get dtor shut down. Before DTOR existed they tried to get Nickota Motorsports shutdown. The Oneils have told the judge that DTOR operates 7 days a week and that we allow folks to night ride daily and all through the weekends. Anytime an ATV is heard, it must be coming from DTOR…..These are the same neighbors that sold their land to start Saddleback MX club….right behind their house….but that noise doesn’t bother them….

We all know DTOR is open on Fri- Sun from 9am to 6pm in the winter and 9am to 8pm in the summer with three night rides a year.

The judge has visited DTOR once…..when it was closed and one other magistrate with him. No one has ever been to DTOR when it hosted a TV event, a normal weekend, or anytime during operating hours to see what DTOR truly is trying to do for the offroading community and the local economy.

Trimble County doesn’t have any zoning yet they changed the tax rate from farm to commercial….which we gladly pay….and pay on time.

Below is the ordinance they are going to try and pass Monday. No notice was given to me, or DTOR….we found out from someone who works at the courthouse that the judge is working to shut dtor down.

DTOR has created a lot of memories for a lot of people. I have poured my heart, soul, and my entire life savings into making DTOR a place for all to enjoy.

If you love DTOR as much as I do, please take a moment and call the each of the numbers below and share with them what DTOR means to you and your families. If this passes, DTOR CLOSES.

Judge Jerry Powell: 502.255.7196-Office.

David Scott Magistrate: 502.255.3247

Nolan Hamilton Magistrate: 502.268.5662

Kirby Melvin Magistrate: 502.255.7968

Stephen Stark: 502.255.7621



COMMONWEALTH OF KENTUCKY COUNTY OF TRIMBLE

ORDINANCE NO.

ORDINANCE RELATING TO NUISANCES ARISING FROM RECREATION ENTERTAINMENT AND AMUSEMENT BUSINESSES AND ACTIVITIES

WHEREAS, The Trimble County Fiscal Court has previously determined that there is a need in Trimble County for local laws to protect all citizens and property owners from the perpetuation of nuisances by any persons, businesses, corporations or other legal entities, and

WHEREAS, the Trimble County Fiscal Court has previously enacted ordinances to protect all citizens and property owners against the perpetuation of nuisances that affect the peaceful enjoyment of property and adversely affect or may adversely affect the values of property within Trimble County, and

WHEREAS, the Trimble County Fiscal Court now recognizes that there are additional sources and causes of nuisances that affect the ability of citizens and property owners to enjoy the peaceful occupation of their property and which adversely affect or may adversely affect the values of property within Trimble County, and

WHEREAS, the Trimble County Fiscal Court is aware that there are various entertainment and recreational activities in Trimble County that are conducted in such a manner as to violate the definition of "nuisance" as set out above,

NOW THEREFORE, BE IT ORDAINED BY THE FISCAL COURT OF TRIMBLE COUNTY, KENTUCKY AS FOLLOWS:

1.) Definitions: As used in this Ordinance, unless the context clearly requires a different definition, the following definitions shall apply: a.) Nuisance - Anything that endangers life or health, give offense to the senses,

violates the laws of decency or obstructs the reasonable and comfortable use or

enjoyment of property, including the unreasonable, unwarrantable, or unlawful

use by a person of his own real or personal property. b.) Recreation Activity - Any activity that is done for relaxation and enjoyment and

shall include activities whether done for fun or profit and whether done with or

without charge for said activity.

c.) Entertainment Activity - Any activity that is done for the purposes of pleasing, amusing or diverting oneself or others and shall include activities whether done for fun or profit and whether done with or without charge for said activity. d.) Amusement Activity - Any activity that is done for the general purpose of causing amusement for oneself or others and to include, but not be limited to amusement parks and shall include activities done for fun or profit and whether done with or without charge for said activity.

e.) Motor vehicle - Shall mean a vehicle of any type or nature whatsoever that has a motor and is self propelled, whether consisting of a two-wheeled, three-wheeled or four-wheeled vehicle or a vehicle with more than four wheels. This definition shall include any such vehicle with a motor and which is self propelled whether the vehicle is legal to be driven on streets, roads and highways in the Commonwealth of Kentucky or not and shall include customized vehicles that are intended only for off road use and were never intended to be driven on streets, roads and highways.

2.) In order to protect the rights of all citizens and property owners of Trimble County to the peaceful enjoyment of their property and in order to provide in the best way possible for the preservation of property values, guidelines and hours of operation for entertainment, recreation and amusement activities and pursuits that violate the definition of "nuisance" set out herein are hereby established as follows:

a.) No entertainment or recreation activity that creates noise that can be heard at a distance of two hundred and fifty (250) feet or more from any boundary of the property containing the entertainment or recreation activity shall begin activity before 8:00 a.m. and shall stop all such activity no later than 9:00 p.m.

b.) No entertainment or recreation activity that creates uses lights that carry for a distance of two hundred and fifty (250) feet or more from any boundary of the property containing the entertainment or recreation activity shall begin activity before 8:00 a.m. and shall stop all such activity no later than 9:00 p.m.

c.) No entertainment or recreation activity that creates dust shall allow that dust to escape the boundary of the property containing the entertainment or recreation activity and shall install all necessary equipment to wash dust off vehicles exiting the property so that the dust is not carried from the property onto adjoining roadways or adjoining properties, d.) No entertainment or recreation activity that creates mud which can be carried from the property by vehicles exiting the property shall permit vehicles to leave the property carrying the mud in such a way that the mud is deposited on adjoining roadways and shall install all necessary equipment to wash mud off vehicles exiting the property so that mud is not carried from the property onto adjoining roadways, e.) Any entertainment or recreation activity that includes within the activities provided the use of motor vehicles, as defined herein, by private persons in the entertainment, recreational or amusement activity, shall required that all such motor vehicles must be brought onto the premises on a trailer and must be taken from the premises on a trailer. No such motor vehicle may be driven onto or driven from the premises where the activity is to take place. This shall include, but not be limited to, such activities as four wheeling; mud runs; moto-cross; cross country racing and any and all other such activities in which motor vehicles are so involved.

3.) The owner and operator of the business conducting the recreation, entertainment or amusement activity shall be jointly responsible for making certain that the premises where the activities are being conducted are kept completely free of alcohol and illegal drugs. If illegal drugs or alcohol are found on the premises where an activity is being conducted, that shall be considered a violation of this ordinance. 4.) For violations of the provisions of this Ordinance, the owner and/or operator of the facility shall be cited by law enforcement and/or local ordinance enforcement officials. The citation shall provide that the fine may be paid or the violator may appear in Trimble District Court to answer to the violation. Penalties for violations of this Ordinance shall be as follows:

a.) For a first violation within five years - $ 500.00 fine plus court costs.

b.) For a second violation within five years - $1000.00 fine plus court costs, c.) For a third violation within five years - $2,000.00 fine plus court costs, d.) For a fourth violation within five years - $4,000.00 fine and a petition will be sought with the Trimble District Court for an order of injunction and specific relief to close all activities on the subject property, e.) If more than one property is owned or leased by the same person, persons, corporation, LLC, or other legal entity, involving the same or similar activities resulting in violation of this ordinance, a violation on any property owned in common shall be considered as a subsequent violation for purposes of enhanced penalties.

5.) Severability - If any section or part of a section of this Ordinance is found to be unconstitutional or otherwise invalid, such part shall be deemed severable and the invalidity of that section or part of a section shall not affect the remaining parts of this Ordinance and the same shall remain in full force and effect unless amended or revoked by subsequent ordinance.

6.) Effective Date - This Ordinance shall become effective immediately upon the passage by motion and second after two readings at meetings of the Trimble Fiscal Court and publication as required by the Kentucky Revised Statutes.

The first reading of this Ordinance was made at a meeting of the Trimble County Fiscal Court on_________________________ .

The second reading of this Ordinance was made at a meeting of the Trimble County

Fiscal Court on_______________________ and upon motion and second the

same was called for a vote and approved by a majority vote of the Trimble County Fiscal Court.

Approved as to form and content by Trimble County Attorney:

Perry R. Arnold, Trimble County Attorney

After second reading on_________________ the foregoing Ordinance was

approved to be published and on the same occasion was signed in open Court by the County Judge/Executive, Honorable Jerry Powell as evidence of his approval, attested under the seal of the Trimble County Fiscal Court Clerk.

Jerry Powell, Trimble County Judge/Executive

Attest:________________________________

Susan Barnes, Trimble County Fiscal Court Clerk


Petition has been started here: http://www.change.org/petitions/save...-the-park-open


Please show support, it only takes a second.

Thanks.
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Old 07-10-2013, 10:06 AM
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Already signed it. Never been there before but I'll be damned if another park gets closed.
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Old 07-10-2013, 10:18 PM
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signed and shared on FB
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Old 07-11-2013, 03:25 AM
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Wonder how many people will show up for the hearing. A good amount of people can sway their opinion.
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Old 07-11-2013, 07:01 AM
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After reading through the ordinance a little closer, and sifting through comments on their facebook note, it seems like the "shut down" aspect is in reference to lost revenue due to the the mandatory trailer provision.

Honestly, everything else sounds reasonable. They're already operating within those time frames, and Joe, the owner, has agreed to install a wash station. So, it sounds to me like the trailer thing is the biggest point of contention.

Hopefully they find a compromise.

news story here:

http://www.wlky.com/news/local-news/...z/-/index.html
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Old 07-11-2013, 04:34 PM
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I personally feel like there should be a wash station at all offroad parks. I mean seriously, what would it cost? $10,000 to install 20 decent pressure washers? require the person to at least wash off their wheels, tires, and undercarriage. mud on the body usually dries by the time I get back to the entrance if the sun is shining
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Old 07-12-2013, 06:46 AM
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Originally Posted by DougyFresh View Post
I personally feel like there should be a wash station at all offroad parks. I mean seriously, what would it cost? $10,000 to install 20 decent pressure washers? require the person to at least wash off their wheels, tires, and undercarriage. mud on the body usually dries by the time I get back to the entrance if the sun is shining
X2
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Old 07-12-2013, 06:53 AM
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Originally Posted by cloudedjudgment View Post
Wonder how many people will show up for the hearing. A good amount of people can sway their opinion.
I agree. A good number of people can sway opinion. Unfortunately, that depends on how those people act.

If a large number of people are yelling, cussing, and making threats... like they have been in the comments section of their Facebook note, then yeah, it'll have an effect... just not the desired one.

They announced last night they're opening the park to night rides this weekend (one of the complaints), sort of as a last act of defiance. Seems to me that's pretty much exactly the wrong approach. At this point in the game, you should be showing your willingness to compromise and be a good neighbor, instead of proving the neighbors right.

Whatever is going to happen will happen. I hate to see another park shut down, so I signed, and will throw support their way, but I think they're going about it all wrong.
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Old 07-12-2013, 06:59 AM
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Hey Turtle Friends,

As we know it there is not an ordinance through Monday, July 15 prohibiting night riding in Trimble County. The local Judge has attacked my character by stating that I have not been a good neighbor & citizen. I have yet to be contacted on what I have done wrong nor how to correct the issue. For the last three years out of respect to my neighbors I only offer two night rides per year(April & October). Wish I had known it didn't matter.... Our time might be short with that being said DTOR NIGHT RIDE THIS SATURDAY NIGHT. Trails stay open until 12AM. YOU MUST BE CHECKED IN BY 8PM. MOTORS OFF AT MIDNIGHT TO SHOW I CAN CONTROL MY PARK.

I hope to see ALL of you Saturday night as we ROCK da shell!!!!(hopefully this will not be our last ride)

TURTLEPOWER!!!!!! Let's ride the shell like we have never rode it before. DTOR BUGGY will be on site and set on dig. Please join me! Please stop at the local marathon,subway, in bedford and pick up some goods. They support DTOR. SHARE ON YOUR PAGE AND SPREAD THE WORD. NIGHT RIDE!!!!!!


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