Resident’s race track black flagged by city

Editor’s Note: As 2020 comes to a close, we take a look back at our top five stories from the year. No. 5 is a combination of multiple stories about the race car track on state Route 703.

__

After a nearly yearlong battle between the city of St. Marys and resident Aaron Myers, Law Director Zach Ferrall handed committee members legislation during a July 20 Streets and Sidewalks Committee meeting.

The proposed ordinance cites the Home Rule Amendment of the Ohio Constitution, Article XVII, Section 3, which states that municipalities have authority to exercise all powers of local self-government and to adopt and enforce within their limits such local police, sanitary and other similar regulations, as are not in conflict with general laws.

Under section 521.15 of the codified ordinances, “the city has determined that it is necessary and appropriate to prohibit the opening, operation, conducting, managing, maintenance or control of a Race Track within city limits for the preservation of public peace as well as the health, safety and general welfare of its citizens.”

According to the ordinance, race track means any existing, proposed or future race track, either open to the public or operated on a private or semipublic basis, whether or not operated for a profit, where there is an operation of any motor vehicle or human-powered land vehicle, including but not limited to go-karts, ATVs, bicycles, remote-controlled devices, scooters; whether for rides, rentals demonstrations and/or testing.

The ordinance also states that no person shall open, operate, conduct, manage, maintain or control or in any way be connected with the opening, operation or conduction, management, maintenance or control of any race track within city limits.

No person who is an owner of real estate shall facilitate or allow on their real estate any opening, operation, conduct, management, maintenance or control or in any way be connected with the opening, operation or conduction, management, maintenance or control of any race track within city limits.

The ordinance states violators will be guilty of an unclassified misdemeanor punishable with a fine of up to $1,000 and 1,000 hours of community service. Subsequent violations will be a misdemeanor of the fourth degree.

It was also suggested in the meeting that the ordinance be amended to include animals so horses or dogs cannot be used in any kind of track. Myers, of 1770 Celina Road, has operated a go-kart track for a few years in the front lawn of his residence. In August of last year, the city sent him a cease and desist letter and advised him that he may violate city or state zoning ordinances.

On July 27, public opinion took the driver’s seat in the St. Marys City Council meeting as residents voiced their displeasure and appreciation for a race track in city limits. Most of the residents against the track were fam

–––––––––––––––

ily members Bernard and Carol Klosterman, Myers’ neighbors at 1780 Celina Road. They claimed the track was unsafe for neighbors, passer-bys driving on a state route and that the track depreciates home values for neighbors.

Supporters of Myers’ track stated the track is a fun place for children, safe to race on despite opposition’s claims and an infringement on Myers’ and homeowner Vanessa Chorvas’ rights as property owners.

Councilors did not respond to any of the one hour-worth of the public’s comments during the petitions and communication portion of the meeting.

Council did, however, hear the first reading of Ordinance 2020- 20, enacting Section 521.15 of the codified ordinances of the city of St. Marys prohibiting a race track within city limits.

After hearing the first reading of the ordinance, councilmen at- large Dan Uhlenhake and Todd Fleagle both spoke on the matter.

“I have been a NASCAR fan all of my life, I’m a big fan of racing, but it looks terrible in the city limits,” Uhlenhake said. “It ought to be out in the country. … And I am a firm believer that the property values will go down.”

By Aug. 24, race tracks were banned inside city limits.

St. Marys Councilors voted 7- 0 in favor of Ordinance 2020- 20, enacting Section 521.15 of the codified ordinances prohibiting a race track within city limits. Ferrall said after the meeting that he will work with the administration to see if Myers is in violation of the new ordinance and will send a formal notice to the residence if needed. He added the city will exhaust every step before handing fines that are listed in the ordinance. The ordinance states that violators are guilty of an unclassified misdemeanor punishable with a fine of up to $1,000 and 1,000 hours of community service. Subsequent violations are guilty of a misdemeanor of the fourth degree.

Myers spoke before council heard the third reading on the ordinance and said he feels he has been harassed during the entire process.

“The track is not killing it economically, the leadership is,” he said as he addressed council. “The leadership is what makes the value of the city … government power chokes growth through policies, legislation and control and with every piece of legislation, our freedoms erode.”

He added that if his track is banned, a track that he said is used maybe five times a year, then other events should also be banned, such as the Queen of Hearts, 5K runs and events such as the annual 19U soccer duck

race that is a fundraiser for the St. Marys soccer program. He also noted that the ordinance will affect the St. Marys track and field and cross-country.

“That’s fine,” he said. “That is what you are all choosing to do.”

The ordinance describes a race track as existing, proposed or future race track, either open to the public or operated on a private or semipublic basis, whether or not operated for a profit, where there is an operation of any motor vehicle or human-powered land vehicle, including but not limited to: go-karts, ATVs, bicycles, remote-controlled devices, scooters; as well as animals of any kind including horses or dogs, whether for rides, rentals, demonstrations and/or testing. No person shall open, operate, conduct, manage, maintain or control, or in any way be connected with the opening, operation, or conduction, management, maintenance or control of any race track within the limits.

Supporters of the ordinance, mainly family members of Myers neighbors,the Klostermans, have said during the three readings of the ordinance that while the idea behind the track — giving children something to do — is commemorated, it does raise serious concerns. Those concerns stemmed anywhere from safety with the track sitting next to a state route to noise pollution, a drop in property values and a public nuisance.