Plain City residents bothered by live music performances in the Uptown district are asking council how much noise is considered too much.
Resident Mike Walter spoke during the most recent council meeting surrounding noise specifically from musical acts at The Grainery, 138 W. Main Street.
“It is clearly audible, clearly a nuisance and clearly excessive,” he said.
Walter said he lives approximately 1,350 feet from The Grainery, but hears music from the restaurant “as if there was a radio right beside me.”
He cited local ordinances and EPA regulations, arguing all property owners have the right to “quiet enjoyment” of their property without the interference of others.
Plain City’s excessive noise ordinance prohibits noise that is “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.
The ordinance defines “plainly audible” sound as “any sound produced that can be clearly heard by a person using his normal hearing faculties, at a distance of 50 feet or more” from the source of the sound.
Walter emphasized one portion of the ordinance that indicates a person does not need to be able to identify the name of the song, the artist or the words of the song, in order for it to be considered excessive noise.
“The detection of a rhythmic bass reverberating type sound is sufficient to constitute plainly audible sound,” the ordinance states.
Despite this, Walter listed several occasions on which he or a neighbor has called the Plain City Police Department to report noise violations from The Grainery. He said officers have repeatedly told him that it is not excessive if he cannot clearly hear the words.
“I say, that’s a load of crap, folks,” Walter told council.
Beyond concerns with the noise ordinance itself, Walter said he takes issue with the owner of The Grainery’s ability to build a stage “right smack dab in the middle” of a residential area.
“I’ve never had to sit on my front porch and worry” before the restaurant was established, Walter said.
Tim Dawson, owner of The Grainery, said he informed village staff of his intent to add an outdoor patio with music “from the very beginning.” He said all plans were approved.
“It’s very important to my business… I’ve done everything I can to communicate,” Dawson said.
Dawson said he ensures his business is respectful to residential neighbors and he has even talked to one apartment tenant who said he “can barely hear” music at The Grainery.
“I do make sure the music stops at 9 p.m. on weekdays and 11 p.m. on weekends,” Dawson said.
While he said The Grainery abides by village code, he added that he feels the parameters of the current noise ordinance are too difficult to enforce.
Dawson said Marysville and Dublin do not have noise ordinances for that particular reason.
“If we are going to use the 50-foot rule, no one better make a noise,” he said, adding that “I can clap and you’d hear” from that distance.
Walter, too, asked council to clarify the enforcement of Plain City’s noise ordinance.
He presented a document signed by dozens of his neighbors in the area from Park Street to West Second Street who also share concerns about noise levels. He said each of them want more information as to council’s interpretation of the ordinance.
Police Chief Dale McKee told Walter that he understands their frustration.
McKee explained that the noise ordinance was approved in 2017 in response to loud music coming from inside local bars.
Since it was targeting a specific problem, without addressing outdoor venues, he said the code is “very vague.”
“It leaves all the responsibility to the police department to determine what is reasonable,” McKee said.
Council President John Rucker said he will add a discussion of the current noise ordinance to the agenda for the upcoming work session, at 6:30 p.m. July 7.
Mayor Jody Carney said there is not typically time for public participation during work session, but invited Walter and other concerned residents to attend.