Board Balks At Trail Ride Ordinance
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A trail ride is scheduled Saturday on private property located on County Road 216 outside of Oakland. A trail ride was held earlier this year (above) on the same property, prompting complaints from neighboring property owners. Admission for Saturday’s trail ride is $25 and hundreds are expected.
WATER VALLEY – A proposed ordinance aimed at regulating trail rides in Yalobusha County was tabled during Monday’s Board of Supervisors meeting, likely bringing an end to months of debate over whether the county should add new regulations for large events held on private property. The decision from supervisors came as Board Attorney Shannon Crow reiterated that the ordinance couldn’t target trail rides alone, as singling out one type of event would likely be unconstitutional.
Instead, the ordinance would also regulate – and require a hefty fee – for any event with 50 or more people that has outdoor amplified sound or a live band, events where 75-plus people attend and alcohol is present, or any gathering with 100-plus people. Examples cited in Monday’s meeting included family reunions, fish fries and other private gatherings – even an Easter egg hunt if 100 or more attended.
Language in the ordinance also stated permit fees would be $500 for property owners or $1,000 for non-owners, and would be non-refundable, with proceeds potentially allocated to the sheriff’s department. Board President Cayce Washington previously noted that the intent of the fees was to recoup overtime costs for the sheriff’s department when extra patrols were needed for trail rides.
“I have a problem with that,” District 4 Supervisor Eddie Harris said, after Board Attorney Shannon Crow confirmed that a family reunion held on private property last weekend would fall under the proposed ordinance.
“I have another example,” said Gaylon Gray. “Red Coleman had that Brunswick stew across that river all those years. There were 400 or 500 people. That would fall under this too.”
Crow acknowledged the challenge of narrowing the scope without making the ordinance unconstitutional by singling out specific types of events.
“If you adopt this ordinance, now you have a revenue-generating provision so you can help the sheriff police these events,” Crow explained. “You also have a way to recoup damages if roads are torn up.”
Past Problems
Trail rides, which typically feature ATV and side-by-side use along with live music and food vendors, have become a source of frustration for county officials during the last year. While the rides are held on private property, the activity frequently extends to county roads in adjacent areas for parking or riding. Complaints have included loud music that continues into the early morning hours, blocked public roads, litter, and damage to county roads.
Sheriff Jerimaine Gooch told supervisors that large crowds—sometimes exceeding 500 people—have overwhelmed deputies. County residents have also complained to supervisors about trespassing, parked vehicles blocking gravel roads, and trash left along rights-of-way.
Last month, Gooch also told supervisors that he needs additional regulatory authority to enforce laws during trail rides.
During Monday’s discussion, Crow said the ordinance could help if there was damage to roads, as the problem would be directly linked to the person holding the event. Without the ordinance, Crow explained, the county could have difficulty assessing charges if there is damage.
“To get paid back for the damages to the road, you will either have to get really lucky if somebody takes responsibility,” the attorney explained. “Otherwise, the county would have to sue someone, and that means proving who caused the road damage.”
The ordinance would have also required event holders to submit an event application to the sheriff 30 days in advance, to provide plans for trash removal, first aid, and private security; and prohibited parking on county roads including rights-of-way.
More Concerns
Gray and Harris echoed concerns about overregulating private property. “If I have a fish fry at my barn and serve beer, I have to pay the county $500?” Gray asked.
“The main complaints were blocking the road and loud music,” Gray said. “You’re disturbing the peace at 2 a.m.,” a reference to a problem that could be addressed without the ordinance.
“And the mud on the roads and the trash,” Harris added, about concerns stemming from prior trail rides.
Also noted in the meeting: riding ATVs and side-by-sides on public roads is already illegal—another example of problems that can be addressed without additional regulations.
“I think they have an all-nighter planned this weekend,” Harris added about a large event scheduled Saturday.
Labeled as “Boots and Dukes Campout Trailride,” a flyer circulating on social media shows that admission is $25 for Saturday’s event. The event will have a free mechanical bull, food trucks, 150 acres of ATV trails, a three-acre race strip, RV parking and more. The gates open at 9 a.m., and tents and small grills are welcome.
“But how is that illegal if they’re camping on private land?” Gray asked.
“It’s not, unless they’re creating a ruckus,” Washington answered.
“This is a drain on taxpayers,” Washington added, referencing the enforcement burden.
The issue was then tabled.
