Trail Ride Prompts Scrutiny
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Lamar O’Brien (standing) shared details during Monday’s supervisor meeting about a trail ride held earlier this month that caused a disturbance in his neighborhood. Also speaking about the trail ride were Jeffrey Harrison (seated, left) and Alisah Harrison (right).
WATER VALLEY – Multiple residents who live on County Road 216 in Yalobusha County attended Monday’s Board of Supervisor meeting to seek input on how to tone down periodic large trail ride events on neighboring property.
Jeffrey Harrison and his wife, Alisah Harrison, and Lamar O’Brien shared concerns about an October 5 event held on adjacent property that included an estimated 200 people riding four-wheelers and side-by-sides, and loud music that extended late into the night. A second trail ride is planned at the same location on Saturday.
Jeffrey Harrison was first to speak, explaining that he was approached by the event organizers, his neighbors, and it sounded reasonable.
“But I had no idea that it was going to be at the level that it was. I could not hear my TV inside my own home,” Harrison told supervisors. “I am not trying to stop it, a man should be able to do whatever he wants to on his own land, but at a respectful level. My grandbabies didn’t sleep, every neighbor within a five-mile radius called me wanting to know what was going on. It was entirely too loud.”
Harrison also said the event started around 10 a.m. and continued until after midnight.
“It was a little much,’ he noted.
“I think you have legitimate concern. But like you said, they own their property, what time do you think is a reasonable time?” Board President Cayce Washington asked about a potential cut-off time for trail rides.
“Considering I have grandbabies who aren’t even a year old living right next door, I don’t think 10 o’clock is too much to ask for,” Harrison answered.
“From 10 to 10?” District Five Supervisor Gaylon Gray asked.
“That is 12 hours, I think it is sufficient,” Harrison said.
Gray, known for his light-hearted interaction in board meetings, agreed.
“I am partied out if I go 12 hours,” he quipped.
“To me, it is a pretty clear case of disturbing the peace when you can’t go to sleep at 12 o’clock at night in your own home,” Gray added. “Did you reach out to the sheriff’s department?”
“Phone calls were made,” Harrison said.
Alisah Harrison was next to speak, reiterating that her neighbors did not present the trail ride as a large event that included an admission fee.
“It was presented as a get-together with a four-wheeler rides and a little music and that is what we expected. You had a band 300 yards from our back door and at any given time throughout the day four-wheelers and side-by-sides were 100 yards from our fence line,” Alisah Harrison said.
“I don’t begrudge anybody doing what they feel fit on their own property, everybody here feels that way – within respectable limits,” she said.
Lamar O’Brien told supervisors that he moved to the county with his wife on her family land, the Swearengen Twin Oaks Farm.
“What they had was ATVs, UTVs, four-wheel-drive trucks driving a circuit that the Bradford family had carved out in the field, which was fine,” O’Brien said. “I was aware it was going on from about noon until sundown. Then the music started, you guys must have a DJ. It was loud.”
Like the Harrisons, O’Brien said he is a firm believer in private property rights.
“So I got to thinking about how to resolve this problem because these guys have rights to do whatever they want on their property until it starts infringing on adjacent property,” O’Brien said. “We own a timber farm and we lease our farm out to a hunting club.”
O’Brien said one hunter said he had a hard time accessing the property because of all the traffic. He also said the disturbance impacted hunting on his property.
“The noise from the event has driven the deer several properties over. In that case, it does start to infringe on what I am doing,” O’Brien said. “They were charging for this, so it becomes a commercial event.”
O’Brien stressed that he was looking for a reasonable solution, a compromise that would suit all of the neighbors.
Following the input, Supervisor Washington clarified that the main concerns are the level of noise and the length of time of the trail ride.
O’Brien said the impact to wildlife and traffic control were secondary concerns.
“But the noise level is probably is the biggest concern,” he said.
Zan Dogan (left) told county supervisors that the trail ride on October 5 was a family-friendly event. Also speaking in favor of the trail ride were Wesley Bradford and Anderson Bradford.
Input From Event Organizers
Property owners where the event was held, Anderson Bradford and Welsey Bradford, and event organizer Zane Dogan were next to speak.
Anderson Bradford told supervisors that most of the music was from 10 a.m. until 10 p.m.
“There were some people riding after 10,” Anderson Bradford added.
He also said there was not a lot of traffic on the county road as attendees parked behind a gate and had private security who did not allow the trail riders on the public road.
Wesley Bradford was next at the podium.
“They are saying the music was loud and the four-wheelers were loud. We have neighbors with four-wheelers who come through our property and their property (making noise) and we don’t say anything,” he told supervisors. “A trail ride once a year or twice a year or whatever, and now everybody has a problem with it. They are making money off their property, why can’t we make money off our property? We didn’t disturb anybody, I mean it was a little loud. People have events all over the United States.”
Wesley Bradford also pointed to neighboring municipalities where music at events is loud, asking why his event should be singled out.
He also reported that some of their neighbors attended the event and reported having a great time.
Event organizer Zan Dogan told supervisors that all necessary precautions were taken.
“We spoke with the neighbors prior to the event. We had (off-duty) Mississippi State troopers for security out there. We had traffic control, where it was not traffic on the road. Everybody stayed on the property,” Dogan continued. “There were no accidents, no injuries, no fights, we were just having a good time in the country. We had a bonfire and made some s’mores.”
Dogan said some neighbors attended and there were kids activities including bouncy houses.
“It was a family event, it wasn’t to disturb anybody,” Dogan said.
“What do you think is a reasonable time to shut it down?” Supervisor Washington asked.
“The crowd doesn’t come out until about 6 when the bonfire starts. To shut it down at 10 is only four hours. But we can come up with something,” Dogan said.
Possible Legal Pitfall
Although not a county issue, both Washington and O’Brien cautioned about potential liability for the property owners if someone is injured.
Washington cited an incident during a trail ride in neighboring Tallahatchie County.
“The law could not get to the problem because it got out of hand. They could not bring aid,” Washington said. “Whoever owns the property, you have a huge liability there. Whether or not you want to take that on, that is strictly up to you.”
“What I think the crux of what we are dealing with right here comes down to liability,” O’Brien added. “My neighbors that I have known for 15 years and had good relationships with want to roll the dice to expose themselves to liability.”
O’Brien cited another trail ride last weekend in Holmes County that erupted into violence that led to three fatalities and eight people injured.
“This whole event is a recipe for disaster. But that is not for me to say, that is for the Bradford brothers to make a decision on,” O’Brien added.
“Every town has a shooting, every city in the county,” Wesley Bradford countered. “We can’t stop that, all we can do is to have one (trail ride) and hope and pray that it doesn’t happen.”
Wesley Bradford also stressed that setting a time for the event to end it not fair.
“It is just one every now and then. You are pushing us, you are trying to tell us what to do on our property and that is not right,” Wesley Bradford said.
He also noted the family was trying to utilize their property for a revenue stream, similar to their neighbors who lease their property for hunting.
“There was a story… about beer being sold. You have to have license and permit to sell beer. If you are going to do it, you are going to have to follow guidelines,” Washington said.
“There was one out there, he had a license to sell,” Wesley Bradford said.
Final Input
Board attorney Shannon Crow provided legal input on the issue as discussion came to a close, initially explaining that supervisors do not have existing regulatory authority for this type of event.
“Without an ordinance already in place, this board can’t do anything to tell them what to do in terms of that kind of conduct on their property. There are criminal laws that prohibit disturbing the peace, there is a separate statute that says you can’t disturb with noise,” the attorney explained.
Crow said the sheriff’s department has the authority to enforce existing state laws for disturbances. He also cautioned that enforcing noise levels is difficult.
“If we enact an ordinance that says no loud noise past a certain time, what does loud mean? Loud to you might not be loud to them, and loud to them might not be loud to you. It is almost impossible, it has to come down to each neighbor being respectful of each neighbor, Crow added. “These types of ordinances are hard for government to enforce because it comes down to subjective determination.”
“When it infringes on our neighbor, we have to take that into consideration. Some of them didn’t leave at midnight. I think what we need to look at a reasonable timeline. We have to come up with a solution for everyone involved,” Washington recommended.
Washington then asked board members if they wanted to move forward with some type of guidelines.
District Four Supervisor Eddie Harris said he had reviewed ordinances from Clay County and Lafayette County.
“They don’t have a timeline to close down at a certain time, they just have some rules and regulations about riding on public roads and highways,” Harris said.
“That is already law,” Supervisor Gray noted.
“It doesn’t sound like we are going to have an answer today. But I think it is safe to say that we are going to review it and see if we can develop something that works for everyone. It may require a public hearing, that way we hear from the constituency,” Washington said.
Both Jeffrey Harrison and O’Brien noted in closing that they enjoyed having the Anderson family as neighbors.
“I just want to talk to the Bradfords and say I have enjoyed having you as neighbors and I want to keep you as neighbors. But if something happens out there, a lawyer is going to own your property and I sure don’t want to have a lawyer for a neighbor,” O’Brien said.
“I don’t blame you,” Crow exclaimed.
