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Complaints Prompt Stricter Noise Ordinance
By Keith Hagarty
Shhhhh! Be quiet.
Responding to several residential complaints over the past month regarding loud, constant noises disturbing the quiet tranquility of Manchester, the township council unanimously passed an ordinance last week regulating "loud, disturbing, offensive and unnecessary noise levels."
According to the ordinance, the town has determined that different types of noises and vibrations have differing effects upon involuntary listeners depending upon multiple factors. These factors include volume, tone, impulse, frequency and duration. Therefore, the council unanimously agreed that a noise control ordinance was necessary in Manchester for the protection of the health, welfare and safety of its residents.
Some examples of what the town defines as sources of loud and offensive noises which could annoy, disturb, injure or endanger the comfort, repose, health, peace or safety of residents, include recreational gas or diesel-powered vehicles, such as off-road all-terrain vehicles and scooters, and excessively loud radios, televisions, computers or musical instruments.
"I think it's a great ordinance, and one we can definitely use here in Manchester," said Councilman Brendan Weiner.
Any violation of the new ordinance could result in a fine upwards of $1,000 and/or up to 30 days of jail time.
While he fully supports the noise control ordinance, Weiner did question if other traditionally loud noises would also be subject to the new regulations, such as those coming from barking dogs, loud speakers blaring music and public announcements at local events held in the township's parks, or even the public address systems found at Pop Warner football and Little League games.
"I don't know if there's a way to exclude them," Weiner posed to township attorney Steven Secare, "or is that something we have to worry about?"
In regards to dog noises, it is invariably the owner's responsibility to ensure that the dog is not being a public nuisance, and is already subject to other regulations pertaining to animals and pets, according to Secare.
"It becomes a matter of proof," said Secare, noting that it would be highly unlikely for a police officer to charge anyone with a violation of the noise ordinance regardless, without another citizen first making an official complaint.
"They would have to prove again beyond a reasonable doubt in front of our municipal court judge that this is an offense to them," Secare explained, saying he doesn't believe organized public activities, such as league sporting events, would fall under the same noise control parameters.
"In extreme cases, if somebody did get annoyed by that- and it's possible, some people (living near sporting fields) don't like to hear games going on right next to their house," said Secare, "but it would be hard-pressed for anybody to actually find it as an irresponsible noise level."
While some areas of new regulations may be open to interpretation by a judge, Secare is confident in the new legislation, which would be enforced by the police and township code enforcement officers.
"I think the ordinance that's drafted is pretty sound," he said.
Weiner agreed, saying it's great to finally have a set of rules in place to finally address any inappropriate noise levels in town.
The issue of loud noises was initially brought to the council's attention last month, when a Whiting resident expressed her ongoing frustrations with what she viewed as constant barrage of roaring engine noise coming from ATVs riding near her property. With the new restrictions now in place, excessive noise from such vehicles could not be generated any closer than 50 feet from any building or structure in question.
Councilman Joseph Wennberg was impressed by the quick response shown by the township administration and attorney's office in addressing the resident's concerns in a prompt manner.
"Congratulations go out to whoever was behind getting this ordinance in front of us," said Wennberg, "because it was only just the other day this was brought to the council's attention, and with blazing speed it's here today."
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