Tuesday, March 2nd, 2021
Officials consider cranking up volume
Noise ordinance is unrealistic, some say
By William Kincaid
CELINA - City officials may change the zoning code after learning noise limits on private property are not practical and if enforced could adversely affect several businesses.
"We're not a bedroom community. We're a commerce community," mayor Jeff Hazel insisted during an interview about the subject.
The issue was brought to officials' attention when a resident complained about the noise coming from a newly added dryer at a car wash, Hazel said.
"We recently had a citizen concerned with regards to some decibels coming from a business," city law director George More said at a recent city council meeting.
The city's zoning code contains limits on decibel levels ranging from 50 to 70 decibels depending on where the source of the noise is located - in a residential, commercial or industrial district - and the zoning or type of property where the noise is heard.
A zoning inspector can measure sound levels at the property line or anywhere beyond the property line of the source property. The source property can be in violation of decibel limits even if it is not contiguous to the property where it is heard.
There are daytime exceptions to the sound limits, including firearms on authorized ranges, legal blasting, temporary construction activity, utility installation, lawn mowers, chainsaws and garden equipment.
A commercial property operating between 7 a.m. and 10 p.m. is allowed to generate noise that can be up to 55 decibels when heard at a residential property and 60 decibels when heard at a commercial or industrial property.
"I wasn't aware this was in our code. A lot of this stuff is complaint driven here," Moore said about the environmental performance standards passed by council on Aug. 23, 1999.
No one knows for sure how councilors at the time determined the decibel levels or if the levels were based on state or federal guidelines.
"What I'm hearing you say is that we may need to review those decibel limits that are in there and see if they're realistic," councilman Mike Sovinski said.
Moore reiterated that sound enforcement is complaint driven, referencing the recent noise objection.
"Administration sent out (city engineer) Vince Barnhart who has the official decibel meter," Moore said. "I was surprised at the general decibel level that was just appearing on the meter as he's standing out there before the item in question was even begun."
Noise limits are not uniform among municipalities, city safety service director Tom Hitchcock noted.
"Every town we've pulled up seems to have different (limits)," he said. "On this section it seems to vary from every town we've looked at."
Hitchcock urged councilors to revisit the environmental performance standards.
"Our concern is that we look at this code before we start getting a lot of complaints," he said. "We just want to look at this because we know probably most places are in violation of this code."
Hazel agreed. "Be-cause of COVID, people have been at home a lot more," he said, pointing to numerous home improvements. "They're home more and they're making more noise and they're listening to neighbors. So that has created a problem. And as spring gets warmer and people are outside their house, we think that might just exacerbate the issue of complaints."
Noise limits will be discussed at a committee meeting set for 5:30 p.m. in council chambers on the second floor of the city administration building. The regular meeting will follow at 7 p.m.