(6/11) The Town Council approved the
proposed noise ordinance at their June
meeting, following a brief discussion
regarding provision for permit exceptions due
to commercial and recreation activities.
The ordinance was adopted into law upon a
motion by Councilman Daniel Haines, and
seconded by Councilwoman Diane Foster, and
approved in a unanimous vote of the board.
The law will regulate "excessive" noise
between the hours of 10 p.m. and 7 a.m., when
such noise seemed to be "plainly audible" at,
or over, 50 feet from the source. Violations
of the ordinance could entail a fine of $100
for the first offense, and whether-or-not a
citation would be issued, would be left to the
discretion of the investigating officer. The
town has never previously possessed a noise
ordinance.
Before the vote, Councilman Joe Vigliotti
asked if there could be an exception included
in the new law to account for seasonal vehicle
operations (such as snow-plowing) and any
other businesses that could not be conducted
at any other (permitted) time, late-night or
overnight business-related truck-loading and
unloading, and night-time outdoor sporting
events.
However, Mayor Wantz noted that the
proposed permitting process would include a
method for pursuing exceptions, "I believe
what you're asking for is covered under the
permit-section," he said.
Vigliotti also asked what provision would
exist to enforce noise offenses against major,
multi-million-dollar corporations who ignore
warnings and citations. Town Attorney Jack
Gullo responded, "We take them to court, like
anybody else."
The adoption of the law followed on the
heels of the Council's June work session,
which involved refining the wording of the
draft ordinance.
One change that was made to the draft
ordinance at the work session was to amend the
proposed fines to $100 per violation, rather
than establishing a $250 fine for a
second-offense (as had been proposed in May),
or issuing a disturbance-of-the-peace citation
which would escalate the charge to a criminal
offense.
Councilman Haines stated at the workshop
that he felt the $100 was excessive, and that
he had been informed that New York City starts
their infractions at $70. He then suggested
the fine be $50. However, Haines reversed his
suggestion at the June 8 meeting, and agreed
the fine should be $100.
