Council Schedules Second Public Hearing For Noise Ordinance

At a public hearing last night, Town Council advanced half of the proposed changes to the town's noise ordinance to its Dec. 20 agenda for final approval. But discussion of the section of the ordinance that deals with contractors and federal holidays was extended to another public hearing Jan.3

The council will vote to adopt the changes to Section 10-44 of the ordinance , which more specifically lists noises from radios, amplifiers, televisions, drums, musical instruments or similar sources as "excessively loud, disturbing and unnecessary," and prohibits them between 11 p.m. and 8 a.m on Friday, Saturday or the day preceding a federal holiday, and between 10 p.m. and 8 a.m. Sunday through Thursday.

It also applies when these sounds are coming from or within a car on a public right of way, and can be heard from 50 feet away.

The proposed changes that deal with regulating noise from homeowners and contractors, however, was moved to a second public hearing on Jan.3, after some council members voiced concern that the changes were confusing; made unnecessary exceptions; or needed more input and closer council member examination.

"I've made two mistakes in all my time on council," Council member Michael J. Polychrones said . "... [And one] was the last time this came up, not treating it as if I lived on that individual street."

There were only three residents at the hearing.

The part of this section, 10-22-1, members did agree on were the new civil offenses attached to noise violations, giving police the ability to charge residents who don't respond to warnings. Police would be able to issue a $250 penalty for the first offense, and $500 for each offense thereafter.

"The police may not make that many charges, but it does help if they can come back and say, 'If it doesn't stop now somebody gets charged with a class 1 misdemeanor,' Town Attorney Steve Briglia said.

Some council members said they wanted to look more closely at changes that would limit contractors.

The proposed changes to this section of the ordinance would ban for-profit workers from working on "the erection (including excavation), demolition, alteration, or repair" of homes on Sundays and federal holidays. But if a homeowner does work of that nature to their own home, according to the proposed changes, they could do so after 9 a.m. on  those days.

"This smacks of blue laws," Councilwoman Edythe Kelleher said. "What we're saying [with this draft] is if you are a homeowner, you can do that, but if you're going to pay somebody else they are not allowed to work on Sunday or Federal holidays. Noise is noise, no matter where it comes from."

Other council members expressed concern that the ordinance didn't specify some "big problem" equipment, including lawn mowers and tree cutters, in the hour restrictions.

Kelleher pointed to the Fairfax County noise ordinance, which says"operating or causing to be operated any equipment used in construction, repair, alteration, or demolition work on buildings, structures, streets, alleys, or appurtenances thereto in the outdoors between the hours of 9 p.m. and 7 a.m. the following day, except that no such activity shall commence prior to 9 a.m. on Sundays and Federal holidays."

Councilman Dan Dellinger said using the word "outside" in the town's ordinance may be "a key piece we've been missing."

The council will continue the discussion of this section of the noise ordinance at  their Jan.3 meeting.