Township Council has adopted an amendment to the township’s noise nuisance ordinance that provides police with greater flexibility in dealing with noise complaints
By: Lea Kahn
Despite objections from some residents, Township Council has adopted an amendment to the township’s noise nuisance ordinance that provides police with greater flexibility in dealing with noise complaints.
Mayor Gregory Puliti and Councilmen Mark Holmes, Rick Miller and Michael Powers voted to approve the ordinance Wednesday night. Councilwoman Pam Mount abstained, because the farm equipment used on the councilwoman’s farm, Terhune Orchards on Cold Soil Road, could be deemed to be a nuisance.
But Springwood Drive resident Bob Bostock, who is running for Township Council on the Republican ticket, objected to the ordinance amendment because of its subjective nature. Laws should be clear and understandable, he said.
Municipal Manager Richard Krawczun told Township Council the ordinance is intended to improve the quality of life for residents. The police respond to "a large number of calls" related to excessive noise, he said.
The amended ordinance eliminates decibel levels as a trigger for a violation. When the ordinance was introduced at Township Council’s May 15 meeting, Chief of Police Daniel Posluszny said using decibel meters to measure noise was impractical. It costs about $600 to train a police officer to use the equipment, he said.
The ordinance defines noise as "any sounds of such level or duration" that could be "injurious to human health or welfare, or which would unreasonably interfere with the enjoyment of life."
A noise disturbance is defined as "any sound that endangers the safety or health of any person, or disturbs a person of reasonable sensitivities." The ordinance bans excessive noise, which include playing a radio, television set, musical instrument or phonograph or compact disc player or other music-playing device at a volume that can be heard 100 feet from the building or car in which it is located.
The ordinance also cites yelling, shouting, hooting, whistling or singing on public streets in residential neighborhoods between 9 p.m. and 8 a.m. as an example of excessive noise.
Power tools, such as power saws, drills, sanders, grinders, lawn mowers or lawn tractors may not be used in residential neighborhoods between 9 p.m. and 8 a.m. if it can be heard 100 feet away from the source. There is an exception for snow blowers, if there is enough snow or ice that would require their use.
Mr. Bostock said he believed that adopting the ordinance amendment is "taking a step backwards."
The original ordinance provided for the police to take a decibel reading before taking action, Mr. Bostock said. Changing the ordinance to eliminate the use of a decibel meter and relying on a subjective standard makes it more difficult to go after violators, he said.
Mr. Bostock suggested purchasing decibel meters for $150 apiece and then spending $600 to train police officers to use them. The township already buys radar guns (for speeders) and trains officers to use them, he added.
"The decibel meter is the gold standard," he said. "Why not make the investment? We should not subject people to a subjective law. We should put in objective standards that people can understand. I think this is an example of looking for trouble."
Mr. Krawczun said if a decibel meter would be used, it means training a large number of police officers because they are always changing their work shifts.
Mayor Puliti suggested giving the ordinance amendment a chance to be put into action. The ordinance was "well-crafted," he said.

