By VICKI URBANIK

The Porter County Commissioners may have thought they were only trying to help residents dealing with excessive noise and dust from all-terrain vehicle tracks in their neighborhoods.

What they got instead was an impassioned plea from a standing-room-only crowd of motocross racing fans, who hailed their sport as a wholesome, family-oriented activity that motivates their kids, keeps them physically fit and out of trouble.

After nearly two hours of discussion Tuesday, the commissioners agreed with a suggestion from County Sheriff David Lain to form an advisory committee, made up of people with conflicting views on the matter, to come up with possible options.

They also agreed to look at a model ordinance developed by the American Motocross Association that applies to ATV tracks on private property. County Commissioner President Robert Harper said it appears that the national group recognizes that in order to protect the sport, regulations are needed to protect neighboring property rights.

Motocross racing fans — parents and children alike — crowded the commissioners’ meeting room Tuesday. After a June 20 meeting when the commissioners first discussed the complaints, word spread fast that Porter County was considering some restrictions. A Chesterton Tribune story was circulated at area dealerships, and the matter was mentioned on the national organization’s webpage, according to the riders. People in attendance Tuesday came from as far away as Lowell and Hammond to defend the sport.

Bruce Zimmer, who has a racing track in Liberty Township, said his track is 30 feet below grade and surrounded by trees. He said he’s had no complaints from neighbors, and that he can’t even hear the noise from inside his home. Zimmer presented a statement from neighbors who said they have no complaints about his track.

Like several others, Zimmer also called on the commissioners to find a place for motocross racing and other extreme sports.

Lori Zimmer said the heroin drug problem is a far more serious problem for the commissioners to tackle. If people want restrictions on property, then they should move to subdivisions, not out in the country, she said.

Susan Thode of Chesterton said if kids are passionate enough about something, then it’s the role of the parents to encourage them. She said she found it ironic that in the same week that she read about a methadone clinic opening in Porter County to treat heroin addiction, she also read about the effort to clamp down on ATV tracks.

Tom Rice of Chesterton said people in motorcross racing spend a great deal of money on their sport. He said he, too, would be annoyed if he had 12 or so bikes riding next to his house every night. But he bought 20 acres to ensure that he can provide a track.

“I will spend the money to make sure my kid can ride,” he said.

Not every one, though, was on the ATV bandwagon.

Don Cook of Porter Township said can’t sit and talk on his porch because the noise from the nearby track is so loud. He said another neighbor has had to leave the house when the dust gets heavy.

Similarly, Patricia Mounts of Jackson Township said kids riding their dirt bikes have repeatedly trespassed on her property. She said when she complained, she was cursed out. She also has had dog feces put in her mailbox, her car vandalized, and her house tee-peed, which she blamed on the trespassers. Like Zimmer, she presented a petition, but one with 20 names from her neighbors also concerned about the noise.

“It isn’t just noise. It’s like an airport,” she said.

Mark Krieger said the residents are asking for limits on the noise, not a ban on motorcross racing. “To me, the noise is too loud,” he said.

Attempting to find a happy balance was Porter County Sheriff Dave Lain, who prefaced his comments by noting that he is a former rider who also was involved in a civil suit over a dispute involving dirt bikes.

“I do understand both sides of the fence,” he said.

He defended the commissioners for trying to deal with the issue, noting that they are responding to a diverse constituency. No one should think that the issue involves drawing a line in the sand, he said. Instead, “this should be an opportunity to bring people together.”

Harper agreed. “Our duty is to everyone.”

North Porter County Commissioner John Evans noted that the county has a wildlife sanctuary because the land was donated. A Harley rider himself, Evans said if someone wants to donate property for a motocross track, nothing would stop the county from looking into the possibility of opening such a facility.

South County Commissioner Carole Knoblock, who lives near one of the tracks, agreed that there should be a place for riders.

But the commissioners also need to think about what’s reasonable, she said, citing an ill neighbor who has to deal with the heavy dust and noise.

The advisory group that was formed will include Lain, Porter County Prosecutor Brian Gensel, Thode, Cook, Evans and Knoblock.

Attorney apologizes for comment

that offends ATV fans

Porter County Attorney Gwenn Rinkenberger issued a public apology to motocross racing fans Tuesday for a comment made last month that many interpreted as comparing their sport to pornography.

Rinkenberger told a standing-room-only crowd that in hindsight, the comment was not appropriate and that she and the Porter County Commissioners in no way intended to disrespect the kids and their families who race dirt bikes, quads or other all-terrain vehicles.

Many of the motocross fans who attended Tuesday’s commissioner meeting mentioned the pornography comment. Several said they were deeply insulted and offended. One speaker said the comment was “blatantly uncalled for” while another said it “was over the top.” Several called for an apology to be printed in the newspaper.

In actuality, Rinkenberger never directly compared motocross racing to porn.

What happened at the June 19 meeting was that the commissioners told County Sheriff Dave Lain that they have received many complaints from residents living near ATV tracks. Their comments led to a discussion with Lain about legal issues and what, if anything, police could do about the complaints in the absence of a county noise ordinance.

Rinkenberger used the porn analogy to explain a legal standard dealing with making a subjective call as to whether something is reasonable or not. She urged the sheriff’s department to go out and judge for themselves if an ATV track is so noisy that it could be deemed unreasonable. Whether the noise at a track is reasonable or not would involve the same standard used in obscenity cases. “You know it when you see it,” she said.

Posted 7/11/2007