08/25/2003 -- City Tables Noise Ordinance

City Tables Noise Ordinance

August 25, 2003 -- Hobart, Indiana - While two of the city's proposed ordinances are moving forward, one continues to cause disagreements among officials and council members.
The nuisance/noise ordinance was once again tabled by the city council on Wednesday night and will be reviewed again by committee after the council's Sept. 3 meeting.

The false alarm and traffic ordinances moved ahead to a second reading, but they still have to be amended and approved by a majority of the council.

City Judge William Longer and lawyer George Galanos presented their thoughts on each of the ordinances, which were originally introduced at the council's Aug. 6 meeting.

While Longer had questions about fines imposed by both the traffic and alarm ordinance, most of his concerns regarded the lack of specifics in the nuisance ordinance.

He said the proposed ordinance did not clearly define what excessive noise was and how law enforcement or city officials would determine it.

Longer and Mayor Linda Buzinec discussed adding to the ordinance devices that would be able to measure decibels, but the council and police remained divided on the issue.

While Police Chief Brian Snedecor said he saw merit in a decibel system, he believes discretion should still be left up to responding police officers. He said anything from wind currents to angles could negatively factor into the performance of the measuring device.

Ehrhardt agreed. But Longer said that could also become problematic if responding officers had different ideas on what noise is appropriate.

Councilman and police Officer Matt Claussen said officers should have the flexibility and discretion in determining noise violations.

When responding to noise complaints, officers currently give the offender the opportunity to comply before issuing citations.

City Attorney John Bushemi said that before the next meeting, the council would have the opportunity to view neighboring noise ordinances to gather ideas and additional information.

Councilwoman and Ordinance Committee Chairwoman Becky Juzwicki said the council would continue to address the concerns.

The council also moved two previously tabled proposals closer to passage. The traffic and false alarm ordinances, which were drafted by Cpl. Rick Zormier, were moved to the next council meeting agenda and will be amended.

The proposed traffic ordinance sought to curb speeding on city streets and change the speed limit to 25 mph in areas where no speed limit sign was posted.

The false alarm ordinance was written to regulate the number of times a false alarm could go off before a $50 financial penalty would be applied.

-Reuters