County to
hold hearing
on noise
ordinance

A more complex county noise ordinance is close to completion but how it will affect dogs and certain businesses is uncertain. A public hearing must be held before the ordinance is passed.

By NICOLE CARTRETTE

County officials want to give law enforcement more authority when it comes to telling individuals, businesses and industries to “turn it down.”

A new noise ordinance is close to completion, commissioners said at an Oct. 9 meeting, although there are concerns about the way it will be enforced and how it will apply to dogs and certain industries.

The proposed ordinance targets “excessive and unnecessary” noise crossing onto the property of another person and includes fines of $100 per violation or up to 30 days in jail.

While the county does not have land use zoning, the sound levels in decibels allowed are based on land use. The ordinance allows commercial and industrial areas too be louder but calls into question situations where a residence is located next to an industry. Commissioner Bill Memory pointed out that a concrete plant on U.S. 701 that starts its operation at 4 a.m. is located near a residential area.

“What if it is coming from a commercial area but being heard in a residential area?” Memory said.

Commissioner Lynwood Norris cautioned the board from “jumping into a man’s business” and said business or industries may have to get started early. Local concrete plants with contracts to supply the prison construction will “run steady,” he added.

“Without zoning you are going to have this,” County Manager Jim Varner said.

“I have a feeling a concrete plant is above a 70 (the allowable sound level for industrial),” Chairman Kip Godwin said and recommended, along with the other commissioners, that the reading be based on the entity being measured.

A resident complaining of a plant operation will have to prove the noise disturbance meets industrial standards set in the ordinance.

“Before we go to a public hearing we need to get this cleaned up a little more,” Prevatte said. “Here is the can of worms we are opening . . there is a lot more noise that can come from a business than from residential.”

“Ten decibels can be a lot,” Memory said, of the difference between the residential levels allowable of 55 and 60 decibels compared to the commercial and industrial levels of 65 and 70 decibels.

Specific prohibitions include use of any loudspeaker during certain hours, street sales by outcry any time without a special permit, within or adjacent to noise sensitive areas. Noise sensitive areas are so designated by the Board of Commissioners and will have signs displayed indicating the presence of such a zone, the ordinance reads. Motorboats, domestic power tools, demolition projects, and multi-family dwellings are addressed in the ordinance.

Owning an animal that frequently barks, howls, meows, or makes sounds “which create excessive and unnecessary noise” across a property line are prohibited. Zoos are excluded but a provision that excludes dogs stirred some concern.

“There’s not too many things I know that bark that’s not a dog,” Prevatte said. “I think the dog exception needs to be removed.”

“You can jump on that if you want to,” Norris said. “I will let you go by yourself.” Norris mentioned the number of hunting dogs in the county.

“I’m not trying to attack dog hunters or anything,” Prevatte said, mentioning that most dog hunters have dog pens away from houses.

Other exceptions to the noise ordinance include agricultural tractors and harvesting equipment used between 7 a.m. and 10 p.m., emergency warning devices, lawn care equipment from 7 a.m. to 10 p.m., and school band music, among others.

Enforcing the ordinance is another issue. Commissioner Norris pointed out that the sheriff was not completely satisfied with a decibel reader demonstration that took place earlier this year.

“I don’t want to speak for the sheriff,” County Attorney Steve Fowler said. “That machine would adequately, in my opinion, detect decibel levels.”

“The sheriff shall have primary responsibility for enforcing this ordinance and shall investigate and pursue possible violations of this ordinance,” the document reads. However, the sheriff was not asked to participate in the latest meeting regarding the ordinance.

“I don’t know what they have discussed,” said Sheriff Chris Batten, who was contacted last week. He said decibel meters cost $1,200 to $3,000.

“When we are spending that kind of money the device should meet the best needs and intentions of the county,” Batten said. Certain considerations need to be taken in order to make the ordinance fair and sensible, he said. “As a rural county our needs and guidelines should be different from that of a large city, Batten explained.”

The proposed ordinance targets noise louder than 55 decibels after 11 p.m. and before 7 a.m. and louder than 60 decibels during the day in residential areas. Commercial areas at 65 decibels and industrial areas at 70 decibels are subject to the sound limits anytime. Construction projects are allowed sound level limits 10 decibels higher in the indicated areas, except in residential areas between 10 p.m. and 7 a.m.

A whispered voice is 30 decibels, a refrigerator humming is 40 decibels, and a normal conversation is 60 decibels, according to the National Institute on Deafness and Other Communication Disorders. A power mower is about 90 decibels, a motorcycle is approximately 95 decibels and a personal stereo system at maximum level is 105 decibels.

Commissioners discussed the number of public readings required to pass the noise ordinance. Godwin said only one was likely required.

“I personally feel like any policy changes from here out should have two readings,” Prevatte recommended.

A public hearing on a noise ordinance is tentatively scheduled for Nov. 6.

Hearings on junk car towing, hazardous materials and adult establishment ordinances have not been scheduled.

Godwin wanted to discuss the other ordinances in addition to the noise ordinance but was cautioned against it.

“I thought we were just meeting on the noise ordinance,” Prevatte said.

“I don’t want to go beyond the original intention of this meeting,” Fowler said.

Godwin then asked Fowler to put everything in writing in regard to the other ordinances and e-mail it to everyone.

Proposed ordinance drafts are available on-line at columbusco.org and by clicking on the attorney link on the left of the page.