Plain City officials are working to make the village’s noise ordinance more easily enforceable.
While the village does have regulations in place surrounding excessive noise, Mayor Jody Carney said they can be difficult to uphold because the ordinance does not include “specific, measurable details.”
Plain City Police Department Chief Dale McKee said this shifts too much of the burden to his officers.
“From the very creation of the ordinance, I didn’t like it being up to the discretion of a police officer to determine if something is annoying,” McKee said.
Plain City’s excessive noise ordinance prohibits noise that “plainly audible and likely to cause inconvenience or annoyance to persons of ordinary sensibilities” after 9 p.m. on weekdays and after 11 p.m. on weekends.
Director of Law Paul Lafayette said the language is drawn directly from case law.
When the ordinance was passed, he said he proposed adding decibel levels but council members at the time were not in favor of doing so.
For that reason, he said the intent of the ordinance was to establish “cutoff times” as the ultimate measure in determining whether or not noise is excessive.
Council member Michael Terry agreed that violations are dependent on what time a noise complaint is made.
“At 11:01, it’s excessive,” he said.
He said he has reviewed recent PCPD police reports and it seems as though most noise complaints occur before this time and do not result in a citation. McKee confirmed that no citations have been given in the past several months.
“Up until 11, we have to allow any business… to make their money, to enjoy their business,” Terry said.
He noted that he is “pro-rewriting” the ordinance to be more specific, but feels there needs to be a balance between appeasing neighbors and supporting businesses.
Council President John Rucker said he feels incorporating decibel levels is “the only objective way” to evaluate noise levels. McKee agreed.
If council chooses to incorporate actual decibels, Lafayette said members should consider delineating between the business district and residential areas. The current ordinance is village-wide and has no such distinctions.
Even doing so could pose challenges, Lafayette said. Because Plain City is a “smaller community,” he said the village is configured so businesses and residences abut one another.
“There are individuals that own property next to the business district,” he said.
This issue was prevalent during the June 28 council meeting, at which a number of residents expressed concern surrounding music played at The Grainery, 138 W. Main Street.
Lafayette noted that construction of a stage for live performances was approved because it was a permitted use within the zoning district, not because council gave the owner, Tim Dawson, special permission.
Carney said she appreciates The Grainery and Dawson’s efforts to draw patrons to the Uptown area, but also sympathizes with residents nearby.
She said she has spoken with Dawson and believes “he doesn’t want to be a bad neighbor.” Carney said Dawson agreed to research acoustic changes to the stage, including possible installation of tiles that absorb sound.
“Let’s compromise and make this a positive,” she said.
Rucker said he appreciates efforts to solve disagreements surrounding The Grainery, but wants to ensure the noise ordinance is rewritten to anticipate any issues throughout the entire village.
Fellow council members echoed his sentiment.
Lafayette said he would research neighboring communities’ noise ordinances and present council with options for a revision. Council member Shannon Pine asked that it include language surrounding noise permits for special events.
In other business:
– Brad Swank resigned from the Board of Zoning Appeals and was subsequently appointed to the Planning and Zoning Commission.
– Randa Prendergast was appointed to the Board of Zoning Appeals.
– Council certified a Community Reinvestment Area (CRA) tax abatement for 156 W. Main Street to be sent to the Jonathan Alder School District for approval.
The property, owned by Dawson, will become a “retail and residential” space, according to his application. It will create four new jobs with salaries of approximately $25,000.
The proposed agreement would allow for a 100% exemption over 12 years on commercial portions of the project and a 75% exemption over seven years for residential portions.
CRA abatements are applied specifically to the property taxes of the assessed valuation of the redeveloped structure that will be constructed under the project.
Council member Frank Reed was the only voter to oppose the certification.