SoWal Noise Ordinance

[Smiling JOe]

Enforcing noise and light ordinances will be difficult at best. There is no easy method, not even decibel meters nor light meters will work. The problem with those is that they will pick up all noise, and all light, with a quick possibility to having it thrown out in a Court of law. Even the sound of the ocean waves will register on the decibel meter. Light from the Full Moon also registers on the light meters. There is no easy answer to enforce, and until they come up with a fool proof one, I think they should not be arresting anyone.

 

[northender]

noise ordinances are not needed in the northend IMHO.
unless CE wants to give the crickets and frogs a ticket.

 

[Mango]

If that passes County-wide, no farmer could legally operate a tractor near the edge of his property. Few industrial employers could operate on Industrial-zoned property, I'm also thinking that the sound of construction may be illegal. Maybe I'm missing some key rules, but on the surface, that sounds like a terrible idea. Maybe that simple language of the Grayton ordinance, allows easier enforcement, which might be good for business owners and enforcement agencies. As it stands with the current Code, a business would need to purchase their own meter to see if they were in violation at any moment, and that is just a PITA.

Coincidentally, our Board was discussing this the other night, so I did a little research. This is very informative and also gets into Constitutional Rights. Guidelines for Drafting Municipal Noise Ordinances. Unless my understanding is incorrect, it states:

"A law which purports to be an exercise of the police power must not be unreasonable, unduly oppressive or patently beyond the necessities of the case, and the means which it employs must have a real and substantial relation to the objects sought to be obtained. As the court stated in Lutz v. Armour, 395 Pa. 576 (1959):
"Under the guise of protecting the public interests the legislature may not arbitrarily interfere with private business or impose unusual or unnecessary restrictions upon lawful occupations. . . ." An ordinance cannot, under the guise of the police power, but really to effect some purpose not within its power interfere with a person's individual lawful property rights."

It appears that time limits can be set, though.

I have some issues with a noise ordinance, especially in a vacation town. If you buy a home in a community that allows rentals, there is on occasion going to be more transient noise that others. Off season, most full timers pretty much have the place to themselves. But, short of noisy parties, spring break, excessively loud bar noises, barking dogs, I would hate to see it it abused. Most families who vacation have children or older family members with them and usually quiet down by 10 pm. But, after the kids are asleep are the decibel bean counters going to be called if someone adults are outside having some wine, listening to some music, laughing and well..., enjoying their down time from the reality of life ....and all of a sudden the PoPo is showing up? Everybody has a different tolerance of noise, and those who choose to live in a community that allows rentals could be turning others off by incessant monitoring.

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