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Parish seeks to fix trail ride ordinance
While almost everyone agrees that the current parish trail ride ordinance isn't working, the parish council has decided to problem isn't with the ordinance.
Last month three trail rides were approved even though their information wasn't provided on time, and this week the parish council agreed to allow two more rides that also didn't make the deadline.
The ordinance was passed a few years ago in an effort to control rowdiness among the popular horseback events that can attract hundreds, and during Mardi Gras, thousands of riders. The current ordinance requires ride organizers to meet high standards in terms of control of their riders, pre-clearance of routes and arrangement for escorts from the sheriff's department.Organizers must file their paperwork at least two months in advance of the date of the ride.
The parish council has spent a month trying to iron out the problems and District 11 Councilman Keith Miller said Monday much progress has been made.
But one last problem remains.
The ordinance requires the organizer of each ride to submit to a background check to insure they don't have a criminal record. Those criminal checks are suppose to be done by the district attorney's office.
"The hold up is in the district attorney's office," Miller said. "One application stayed in the DA's office for three months."
In the end, the council asked Miller to meet with District Attorney Earl Taylor to see what can be done about speeding up these checks.
Asked for a comment, Taylor said this is the first he's heard of the problem.
"I look forward to meeting with Keith," Taylor said. "If there is a problem, we will do everything we can to correct it."
In other action, the council decided to delay action on a proposed noise ordinance.
Residents of the Fort Hamilton Subdivision have been complaining about excessive noise and dust caused by groups of dirt bike riders for months.
"They have two tracks out there. One on the east side and the other on the west," said District Two Councilman James C. Eaglin. "Quite a few neighbors are concerned. The track goes around and passes pretty close to some of the houses. The sheriff has had to go out there three times."
Council legal advisor Angela West urged caution. She said the state already has a noise ordinance and saw no need for a local one.
The state ordinance forbids noise that deprives neighbors of the enjoyment of their property. She said in the final instance, though, the whole question will be up to a judge anyway.
"Everything I've looked at says a judge must determine whether the noise level is reasonable or unreasonable. You can put in an ordinance but a judge is going to have to make the decision. It's going to have to be a civil matter," West said.
Attorney John Weinstein, who represent the family that owns the tracks, agreed.
"Why don't the people who are complaining file a lawsuit. That seems a lot more efficient way to handle this," Weinstein said.
Still, he said the situation needs to be addressed on some level.
"I know tensions are getting pretty high," Weinstein said.
He said there are all kinds of problems with a noise or excessive dust ordinance. Instead, he urged the parish to consider a zoning
ordinance.