Complaints aired over race track

Several Pollard and McCall residents continued their complaints about the noise being generated by the new race track on Highway 31 saying the loud noise during the first two races kept them and their children awake after midnight.

Dennis Fuqua, John Robert Fountain and Bill Harris appeared before the county commission Monday seeking relief but were told there wasn't much the county could do.

Fuqua, who lives near Pollard-McCall Jr. High School, said it was like having a race track in his back yard. He said Saturday night the loud noise continued until 12:26 a.m. and two weeks earlier it went to 1 a.m.

He said in addition to the noise issues, it may become a safety issue with trucks hauling cars in the early-morning hours on dim county roads that are not marked.

"I was told there was no noise ordinance," Fuqua said. "Let's do the right thing and get a noise ordinance."

Chuck Day, owner of the race track, said two races have been held at the new track and that his goal is to still be through by midnight.

"This was our second race," Day said of this past Saturday night. "We've had a few hiccups but it will get better. The turnout has been good and the crowds have been good."

Fuqua told commissioners they needed to look out for the concerns of their constituents who live in the area noting of the estimated 2,000 people attending, there were a lot of Florida and Baldwin County car tags.

Escambia County Sheriff Grover Smith said research has been done through the district attorney's office and the attorney general's office and nobody has pointed to anything law enforcement can do.

"It's something new to all of us," Smith said. "The DA and the AG are researching the law. The AG says they don't think there are any, but they're still looking."

Fuqua said he didn't think it needed to be a criminal issue, but is more concerned on how late they are allowed to race and make noise.

Commissioner Larry White, whose district includes the race track, said there is no noise ordinance in the county. He noted in 2005 the Alabama Legislature passed 'Limited Governance' allowing counties to adopt certain ordinances and the commission opted to address trash and litter, illegal dumping and weed abatement.

He said the commission has the authority to adopt a noise ordinance under the legislation but it's very specific, noting the penalty is only $150 per day with an annual cap of about $5,000.

Fountain said the residents were told the racing would not go past midnight but the last two went well beyond midnight. Fountain said the races started at 7 p.m. and it woke up one of his children at 12:30 a.m.

"I've got nothing against racing, we just need to rein in the time," Fuqua said.

Commissioner Brandon Smith questioned whether the owner would meet the commission in the middle.

Sheriff Smith said he would go talk with Day, but wanted the residents to decide what time would be appropriate to end the races.

Commissioner White asked the group whether or not they wanted the county to address the $150 fine or address it through the Legislature?

"We have no land use regulations in Escambia County," White said. "No permitting."

Fuqua and Smith both said they were originally told it was just going to be a country store at that location. Fuqua said he was looking forward to having something like that close to his house.

"The community was lied to about what was going on," said Commissioner David Stokes.

The commission took no action, but Smith did agree to talk with Day.