The Byrnes Mill Board of Alderpersons is hoping recent amendments to an ordinance will help quell early-morning and late-night noisemakers.
The board voted 4-0 April 17 to add specific times when certain noisy activities, like lawn mowing, are allowed within city limits. Ward 3 Alderwoman Mary Scheble and Ward 1 Alderman Bob Prado were absent from the meeting.
According to the amended noise ordinance, residents may not use outdoor maintenance equipment, such as lawnmowers, trimmers, chainsaws and leaf blowers before 7 a.m. on weekdays and before 8 a.m. on Saturdays, Sundays and holidays.
The use of outdoor maintenance equipment also is not permitted after 8 p.m. on weekdays and after 6 p.m. on weekends.
“There are two thoughts about that (lawn maintenance on the weekends),” said Ward 2 Alderman Galen Harrison. “Weekends are a time to catch up and get things done, and then there’s also (those who believe) weekends are time to relax and enjoy. It’s kind of hard to relax and enjoy things when people are mowing and doing some kind of work at 7 a.m. on Saturday and Sunday.”
A provision was added to the ordinance for days when the heat index is expected to be more than 100 degrees at any point. On those days, it is acceptable to use the equipment from 6 a.m. to 9 p.m.
“In the summertime, when it’s excessively hot, people like to start their work early while they’re not out in the direct sun,” Harrison said. “(The provision) takes into account excessive heat, so people can start at 6 a.m. and actually work later if they have to.”
Loudly playing outdoor games such as tennis, badminton, horseshoes and baseball also will be limited to certain times, according to the amended ordinance.
Playing noisy outdoor games within 100 feet of any private residence between 9 p.m. and 8 a.m. is not permitted. Similarly, playing a radio or musical instrument that can be heard from more than 100 feet from its source will not be allowed between 9 p.m. and 8 a.m.
“This (ordinance) is near and dear to my heart, especially number four, playing of open-air tennis, badminton, horseshoes, baseball, and other outdoor games within 100 feet of any residents,” said City Attorney Craig Smith. “I can’t tell you how frustrating it is that in some of the cities my kids play in, they have 7 a.m. games, so I like the fact that in Byrnes Mill we’re not playing baseball before 8 a.m. outdoors. It’s not just the crack of the bat and the noise pollution with the cars, it’s everything that goes along with it.”
Construction activities, including excavation, demolition, alteration, maintenance or repair to the exterior of a building will be limited to 7 a.m. to 6 p.m. on weekdays and 9 a.m. to 6 p.m. on weekends and holidays, according to the ordinance.
Special consideration for working beyond those hours can be requested in writing to interim city administrator Debbie LaVenture for approval.
Former Ward 1 Alderman Glenn LaVenture said some exceptions must be allowed for construction services on the weekends because of extreme weather events and unforeseen property damages.
“If there’s a storm that comes through and a lot of the roofs are damaged, people need those fixed, and I don’t think they should have to miss a day of repairs because of an ordinance,” he said.
Police Chief Frank T. Selvaggio said the amendments to the ordinance were needed.
“The original noise ordinance was very vague and, at times, difficult to enforce,” he said. “The new ordinance is much more specific and gives us the ability to handle these (noise) complaints in a more responsible manner.”
Selvaggio said those found in violation of the noise ordinance would first be issued a warning, and, if complaints continue, officers will issue the violators summonses to appear before a judge.
“We certainly want to let people know that a complaint has been made and give them an opportunity to do some self-correction and explain what the problem is so they understand, and then hopefully that will solve the situation,” he said.
Selvaggio said the new noise ordinance provides better guidelines for the Byrnes Mill community and its law enforcement officers.
“It’s going to help the community and it’s going to give the officers a better ability to handle complaints if they come in,” he said. “I’m certainly not looking for this to create more tickets; I’m looking for this to create more awareness for the community.”