The Caldwell County Board of Commissioners unanimously approved a noise ordinance that, among other things, will impact the days and hours of operation at two local race tracks during its meeting Monday night at the City-County Chambers in Lenoir.

The ordinance, which went into effect immediately, limits Tri-County Motor Speedway in the Baton community and Antioch Speedway near Gamewell to practice and competition for two days between Thursday through Saturday from March through October.

During those months, the tracks are permitted to have one day of practice and one day of racing, either from noon to 9 p.m. or from noon to 11 p.m. The Caldwell County Sheriff's Office will be responsible for enforcing the ordinance, with civil penalties of $500 for each violation being levied.

A large crowed attended the meeting, with several residents who live near the Tri-County facility voicing support for the new rules.

"We've had to endure the awful noise from Tri-County Motor Speedway since 1984," Laura Watson said. "Nobody would want that noise in your backyard. You can't turn it off like a television."

Added Lisa Wallace, "I remember 25 years ago when the racetrack was built. I don't want to hurt people's livelihoods, but it really bothers me. We want peace of mind. I like racing, but I don't want it in my backyard."

Individuals representing the speedways asked for more time in order to work out a compromise.

"Up until two years ago, we didn't know there was a noise ordinance," said Danny Smith, who operates the Antioch facility. "I would like to see a little more thought put into the noise ordinance."

Speaking on behalf of Tri-County Motor Speedway, Lenoir attorney Wallace Respess sought to delay the implementation of the ordinance and indicated that its approval would lead to a protracted legal battle.

"This ordinance will result in the death of Tri-County Motor Speedway," Respess said. "Tri-County is engaged in legal activity. What they are doing is not unlawful. I believe in its present form, this ordinance cannot stand in a courtroom.

"I'm trying to stay out of court, fellas. It could be a long, arduous process. I believe that reasonable minds can find a suitable resolution."

In discussing the proposal following the public hearing, David Lackey, who serves as the attorney for Caldwell County, noted that Tri-County Motor Speedway rests in a residential zone, meaning its operation is a non-conforming use of the property.

"In my opinion, it is illegal and a violation," Lackey said. "If that use (of the track) has been expanded, it is an extension of the non-permitted, non-conforming use."

Commissioner Don Barrier at first sought to delay approval of the ordinance, in order to clarify some of the enforcement language that originally called for Caldwell County Environmental Health to have authority.

"This is a complex ordinance, and I'm not used to making adjustments on the fly," Barrier said.

But Lackey, following an inquiry from Commission Vice Chairman Clay Bollinger, said the minor changes needed would not impede the implementation of the provision.

"Given the two days like we've done, that's about 20 hours per week (for the tracks)," Bollinger said. "I think this is a very, very fair way to do this."

Meanwhile, Commission Chairman Ben Griffin characterized the ordinance as a proper means of balancing business and residential interests.

"Someone called me and said we are pro-business," Griffin said. "But not to the point that it would sacrifice a neighborhood. We're not for property rights when you infringe on others. It is not our intent to put the tracks out of business."

Editor's note: Additional information from the commission meeting will appear in a future edition of the News-Topic.