Proposed Noise Ordinance Scheduled For Adoption

After a series of four lively public hearings that have spanned four months, the Vienna Town Council will vote to adopt a new noise ordinance on April 4.

The proposed ordinance would continue to ban contractor work on Sundays, along with lawn mowing, excavation, demolition and other construction activities. The ordinance would also specifically ban this work on six federal holidays: Memorial Day, Fourth of July, Labor Day, Thanksgiving, Christmas and New Year's Day.

Residents would be permitted to do this type of work on their own home on Sundays, but under the new ordinance they would not be able to begin until after 9 a.m., instead of 7 a.m. as the current code states.

It would also introduce a civil penalty to noise violations: $250 for the first offense, and $500 for each offense thereafter.

 Most of the discussion since the first public hearing in December has revolved around continuing a distinction between homeowners and contractors.  The first draft of the ordinance would have restricted work that contractors could perform during "quiet" hours, but allow homeowners to do the same type of work on their own home. The second hearing, in January, got rid of the distinction between homeowners and contractors. The would have given contractors the ability to work on buildings between 9 a.m. and 8 p.m. on Sundays and federal holidays if approved for adoption, but residents told the council they wanted that distinction back.

The Council's Monday night meeting was the final chance for residents to give input about the ordinance. Mayor Jane Seeman told council members she received another petition from 18 residents who wanted "one day of quiet."

Not all residents agreed. Michael and Cameron Medwedeff, teenage brothers who run their own landscaping company, came to the meeting to tell the council Sunday was an important working day for their business. Since they attend school Monday through Friday for most of the year, they -- and the other students they hire -- have to do most of their work on the weekends, and restricting Sunday would limit their business to just one day: Saturday.

"Especially in the winter, if there's a snow storm on the weekend, we [now] wouldn't be able to get out to houses on a Sunday," Michael said.

Resident Gordon Whiteside said not being able to hire a contractor on Sunday would force him to take days off of work during the week to get things done.

"I have to work five days a week Monday to Friday and if I don’t have to take time off to deal with a contractor who I can deal with on the weekend, that makes my life a lot easier," he said. "You're taking a day away from when I can get work done around the house.  I don’t want to take time off of work if I don’t have to."

Council voted 5-2 to advance the ordinance. Council members Edythe Kelleher and Howard Springsteen voted against the move, saying that the way the ordinance was worded would affect an unintended audience: neighborhood teens trying to earn money by mowing lawns on the weekends.

"[This]includes not only commerical firms, but the teenager from down the street and the teenager in my own home, whom I'm paying $20. I could not support that the way this is worded," Kelleher said.

The Council , which more specifically lists noises from radios, amplifiers, televisions, drums, musical instruments or similar sources as "excessively loud, disturbing and unnecessary," in December. The changes prohibited these noises 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.

 Town Council will vote on the remaining sections of the noise ordinance at its April 4 meeting. The meeting begins at 8 p.m. in Town Hall.