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  1. #1

    Join Date
    Oct 2007
    Location
    Adelaide.SA
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    46

    Shutting Down Track On Private Property

    Does anyone know the law regarding riding on your own private property?
    Not talking small suburban backyard this is a semi rural property among farming and grazing land.

    My mate lives on a 3 acre block out between smithfield and gawler which has his house also on it.In the last acre or so of land down the back we have built a dedicated pit bike MX track for usually upto 5 of us(but generally only 2-3 at a time)to thrash around on,pitbike FMX ramps with dirt landings and also a dirt 6 pack for the mountain bikes.All made from clean fill.

    Today in the mail he gets 2 letters from Gawler council ordering the track stop being used immediately and to remove earth mounds within 60 days!!
    Apparently the track doesn't have development approval,but from what we've been told anything lower than 6 foot doesnt need approval anyway,but not sure if thats true or not.

    We first we knew that there were problems was a couple of months ago,when one of the neighbours down the road apparently got other neighbours to sign a complaint(dust and/or noise we're not sure as no-one had the guts to approach us first) to lodge to council,we know for a fact that at least one of the people who's signature was on there did not sign it and they forged the signature.

    Since then we contacted the council to see where we stood and was told that it wasn't a council issue and only the police or the EPA could possibly have an issue because of dust or noise.
    The country was/is in a drought and water to keep the dust down was not possible with water restrictions,but we came up with a way to recycle water so we could water the track down a bit.
    We have made all efforts to quieten bikes as much as possible but they do have motors so are always gonna make noise.
    The nearest house has a three acre block between them and the track so their not excessively close to the action.

    We usually ride there 1 sunday a month but occasionally an extra ride here and there but in reality about 20 times a year tops,well for the year that we've been developing it.
    Every other week there is a story or a letter in the local paper complaining about pitbikes on streets and reserves or about lack of places for bikes to be ridden legally.
    Here goes someone who buys a bit of land so they can have a small track at home and the council are trying to force us basically out to ride the streets or reserves that they complain about the hoons tearing around.
    We are all 30+ years old with family's so we can't afford to be ****s and ride illegally and want to do the right thing.

    What legal grounds do we have if anyone knows?
    Can they really shut us down?
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  2. #2

    Join Date
    Sep 2006
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    Thats sucks buddy BIG TIME!!
    Fight the power!!!!!!!
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  3. #3

    Join Date
    Oct 2007
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    We'll be fighting the bastards tooth and nail!!
    As far as I know they can't stop us riding even if the track is not approved,so we will tear around a flat paddock if need be just to annoy the *******s who complained.
    We will also dob the prick in for his dope crop that we can clearly smell everytime we ride.
    I reckon today tonight or someone like that could be interested.
    We will not go quietly!!!!
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  4. #4

    Join Date
    May 2008
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    well im not sure on the laws in your area but im in tassie and im aloud to ride with in 50 mtrs of my neighbors boundary and aslong as i dont exceed the 94 decebells they cant do **** i think its a matter of goin down to your neighbors and working out a deal of what time and when you can ride that suits you both
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  5. #5

    Join Date
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    Yeah that would be nice but as no-one approached us we haven't been allowed that opportunity,and its gone straight to council now so even if we could come to agreement council are already involved.

    It would appear that these are not reasonable people.
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  6. #6

    Join Date
    Oct 2006
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    i know how you feel mate, everyone has a go when your just having fun, your not popping pills, or getting drunk and being disorderly, just some good old fashion fun, and then come the party police to wreck your day and make it impossible to do anything that will slightly annoy anybody,

    good luck with the fight though as the council probably does have the power, and they are probably just trying to get rid of everyones complaints as quickly as possible and they have deemed it easiest to pick on you, try ringing multiple times to find out more and more info in your defense and also ring a couple of similar suburb councils to see how they stand on the policy,

    also make the point that you have been trying to do everything in your power to help out your neighbours,

    and as said before try and go talk to your neighbours, politely (sp), remember your going to be a representative for the sport and therefore you should be acting accordingly, most people when you just be human and talk to them dont know how to act and can actually relate to your situation,
    if you go barging up to their place all dressed in your bike gear with the attitude, "your problem not mine, screw you" then of course they are going to be pissed and do everything in their power to get you.

    but all in all, good luck with it all, keep us all posted on anything your find thatll help out anybody else when faced with this same painful predicament

  7. #7

    Join Date
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    Yer a friend of mine also live rural and is am/pro fmxer and had same probs with his surrounding propertys.Ended up in court, and was set times of the day that he could ride.
    Im lucky my neigbours are cool and also ride.
    Good luck with it all!
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  8. #8

    Join Date
    Sep 2007
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    ive a acre and a 3rd and im pretty rite, all of our neighbours are cool, (on one side of us no-one lives there), but as soon as i gave my new rm80 (99) mod a good ride the neighbours complained (2 doors down and cross the street) coplained. But now ive got a good excuse to ride at tracks now :P but ive got uphill and some steep hills that i use for jumps and there probably 2m tall (but goes like /-------- so notral big air) but go down kickin mate- if you do go down
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  9. #9

    Join Date
    Apr 2007
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    yeah all i know is that you need a permit to excavate but the noise thing is a local by-law
    as for the prick with the potition go punch him in the nose then give the po a anonymous tip about the old grow and smoke

    it's pretty petty really

    my new found track he has a permit to ride between 10am - 4pm saturday and i think the same sunday and have neva had an issue untill recent some stuck up cow decide to make a complaint but we are yet to here anything about it so riding is still a go

    so i wouldn't be to worried about it as long as your excavation isn't structural then f' em
    if the council have nothing to say and the noise is under the by-law level for the area then your druggo mate has no stance

    have fun on the track
    Last edited by coolmodee01; 04-06-2008 at 05:52 PM.
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  10. #10

    Join Date
    Jun 2007
    Location
    gold coast
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    more than likey your smelling lantana ,
    as for rideing best of luck ,dont like your chances tho

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