A proposed ordinance prohibiting residents from storing tires on their property is drawing sharp criticism from the Carroll County Board of Commissioners just days after a vote on the ordinance was tabled indefinitely.

The Carroll County Tire Storage Ordinance first appeared on the board’s agenda at its Feb. 2 meeting. At that meeting it was tabled unanimously with no discussion. Prior to it being tabled, several residents at the meeting spoke against the proposal, citing concerns that it allowed county staff to venture onto private property for no better reason than to inspect for tires that might be housing standing water.

As outlined in the ordinance, residents could be fined anywhere from $100 to $1,000 and sentenced to up to 30 days in jail for storing “new, used, waste, or scrap tires in the open or in an uncovered condition” on their property. Punishment for a second offense would range from a fine of between $750 and $1,000 and up to 60 days imprisonment. Each day the violation continued would count as a separate offense, and there is no prescribed grace period for residents to correct noncompliance without incurring a penalty.

According to the ordinance, first drafted at the behest of Carroll County Environmental Health, the purpose of tightening the law regarding tire storage stems from concerns about the proliferation of mosquitoes in the county.

“Tires capable of accumulating water including, but not limited to, tires which are not stacked, packaged, boxed, containerized, or enclosed, provide an optimal breeding ground for mosquitoes thereby promoting the spread of West Nile Virus, Encephalitis, and also provide a habitat for pests,” the ordinance reads.

But now, members of the board are questioning why such an ordinance is necessary when mosquito larva can breed in all standing water, not just that in tires.

“I didn’t know there was a correlation between mosquitoes and tires,” said Commissioner Trent North. “Water can pool in gutters. Water can pool in unlevel ground. I just don’t see a correlation between mosquitoes and tires.”

North said the proposed ordinance victimizes residents who make alternative uses for tires, effectively making it illegal to have a normal tire swing.

“From my perspective, I want to make sure we’re not infringing on the rights of the landowner to have flexibility with their property. If a homeowner has a tire, and they want to make a swing of it, I think the owner should be able to do that. Or if they want to put flowers in them, I think they should be able to do that too,” North said. “For me, I’m all in favor of making sure tires are disposed of appropriately, but I don’t want to take over a landowner’s right to be creative.”

Not only would the ordinance allow staff access to private property to enforce something as casual as tire storage, said Commissioner Kevin Jackson, but it would also encourage residents to dispose of their tires illegally.

“I think it’s a little too intrusive concerning private property rights and, two, I don’t think it’s fair to back the citizens into a corner on the ordinance without giving them an option of something to do with the tires,” Jackson said. “If you do that, I firmly believe you’ll begin to see illegal dumping in rural areas, which is a big problem in my mind.”

While it’s important to temper the mosquito population to prevent the spread of disease, said Commissioner Ashley Hendrix, it seems unfair to punish everyone in the county with a stray tire on their property.

“There’s been issues where people had property that had some tires lying around, but I don’t think we need to punish everybody who has a tire in their yard,” Hendrix said. “The ordinance is very encompassing, and I don’t want to punish those who are not as involved in the problem as others.”

Commissioner Chairman Bill Chappell said that if the county has a problem with mosquitoes it needs to be addressed, but this ordinance would simply be overkill.

“If we have a problem, we need to take care of it, but a different way,” Chappell said. “I think that thing is like trying to kill a mosquito with a sledgehammer. Somebody needs to demonstrate the problem before we come up with a solution.”

Chappell, who largely sets the agenda for the board meetings, said he doesn’t believe the issue will come up again, assuming it isn’t pushed by a district commissioner.

“It would have been defeated if it hadn’t been tabled,” he said. “I do not anticipate it being on the next agenda.”