The Stuart Town Council approved a noise ordinance at its meeting held Wednesday, April 17. It went
went into effect immediately.
There was a lengthy discussion before the vote.
Mayor Ray Weiland said he had talked to several residents who believed the ordinance should include jake braking (compression release engine brakes) on semi-trucks going through town.
He said that idea was presented as “‘engine braking systems that exceed 50 decibels or within 10 feet of the offending vehicle will be fined no less than $100 and no more than $500 per infraction. Money from this ordinance would be contributed to the sheriff’s office for safety equipment.’
“That was what some folks seem to feel that we should include in the noise ordinance,” Weiland said.
Council member Erica Wade asked if the brakes were necessary or helpful for a vehicle to have.
“They’re loud, but they’re not necessary in the town,” Weiland said. “There are no real steep areas in the town. I mean they are used for braking, but they’re loud and pretty obnoxious. Some of them are very loud if they don’t have proper muffle systems to keep it” controlled.
Town Attorney Chris Corbett said he generally hears the jet brakes on big trucks coming off the bypass, down Wood Brothers Drive.
“I can hear them inside the fire department,” he said.
Weiland said he’s been stopped in Walmart by those who expressed concerns, and he has received calls about the issue.
“Apparently, it’s bothering folks. They don’t necessarily need to use that braking system. They can turn them off, it’s not necessary,” Weiland said. “If we were in Meadows of Dan or something, I could understand. I wouldn’t want” to have the system turned off “there because it’s more of a safety concern. Once you’re down here, not quite. It’s not quite as important.”
Councilman Terry Dalton said the areas he notices the most are between Hardee’s and his home.
“You’ve got to have that (brake) to make that turn. They wake me up at 6 in the morning, so I know how loud they are,” Dalton said.
While he’s sympathetic to the issue, council member Dave Hoback said he leaned towards moving forward with approval of the ordinance.
“We’ve been (working) on this ordinance for three months now, and I think the brake issues are going to take a little time to work through. We need to know if there’s other localities that have anything like this in place,” he said.
Hoback said he believes the biggest issue is how that portion would be enforced if it was included in the ordinance.
Wade said the town would need partnerships with the Virginia Department of Transportation (VDOT) and the Virginia State Police.
“I think that’s something that would be great because there’s been some significant feedback from the public and we need to be attuned to that. but I think it’s going to take a little while to get there,” Hoback said.
Weiland said the ordinance can be revised in the future.
In its current form, “it’s a good start, I suppose. It’s always something that we can revise in the future if the need arises,” he said.
Town resident Alpha Hiatt spoke against the proposed noise ordinance.
“Here’s my dilemma with it, and I think it’s a simple thing that can be clarified on page one. This ordinance, is it supposed to cover the hours of 10 p.m. to 7 a.m., or are you trying to do something 24/7 and only say that certain parts of this apply between 10 p.m. and 7 a.m.,” she asked.
Weiland said the way it’s written and how he reads it, he believes some of it would be applicable all the time with other portions enforced during specific times.
“Loudspeakers, public address things, nomadic cameras, chainsaws, yelling, shouting, these are all between 10 p.m. and 7 a.m. Everything else is constant,” Corbett said.
Hiatt said she asked this question because she had talked with council member Rebecca Adcock who asked about the timing of the parade.
“Because that wasn’t spelled out,” Hiatt said.
Weiland said town functions and music venues are exempt from the ordinance.
“I think it is stated in there that it does exempt those type of activities. So, for things like that during the day, if it’s a festival or whatever, there’s going to be some noise here and there. Those things are exempt, but those things usually stop by 10 p.m. in the town,” he said.
Hiatt asked if that portion of the ordinance could be deleted, “because that is part of the town, the First Fridays’, the Star Theatre, and of course the fair is done by Rotary. But I know where we live on Woodland (Drive), we can hear First Fridays’, I don’t want to hear that at 10 p.m. at night,” she said.
Hiatt said if the council was going to make this ordinance because of a specific incident, it needs to consider everyone else in town.
Weiland said he believes part of the ordinance addresses Hiatt’s concern.
Hiatt disagreed and said she believes the town should not be exempt.
“I said the town shouldn’t constrain itself. The town is responsible to its citizens, the town’s going to get grief if it has late parties. I mean, I would oppose changing this text in the ordinance,” Corbett said.
“It should apply to all; it shouldn’t be exempt because you’re looking at tourism dollars and business dollars. It all applies one and the same,” Hiatt said. “For goodness sakes, my dad ran a business here for 35 years of his life. He tried to work with people, and work with this community.”
Corbett asked why she assumes the town isn’t.
“Because if you’re going to exempt out, you’re saying it’s fair for one and not fair for the other,” Hiatt said.
Corbett said the town is different.
“No, it’s not different, it’s a governmental contact,” Hiatt said.
“We make the rules that we have to live by and we’re responsive. You don’t have to be responsive to any other person in the world. You choose to be, but you don’t have to be. The town has to be,” Corbett said.
Hiatt said the council members, who are being paid by tax dollars, were elected by town residents to serve them.
“And if you don’t like their sense of responsibility, then vote against them,” Corbett said.
Weiland said after 10 p.m. everything has to be quiet including town events.
“We expect that there’s going to be” music and noise “at the Star Theater, on stage at the Farmers’ Market, First Fridays’, whatever. There’s going to be music, it’s going to be played, you’re going to hear it around town until about 10 p.m., and that’s when it stops,” he said.
Hiatt said another issue not covered in the future solar park on Commerce Street.
“How do we address the noise from those solar panels,” she said.
Weiland said the Fairystone solar project is outside of town limits, and will not be subject to the ordinance.
Another conflict in the proposed ordinance was the use of the phrase ‘plainly audible,’ Hiatt said, noting the phrase was used in one section, but not in subsequent sections.
Weiland said Town Manager Bryce Simmons went through the ordinance to clean up its language and get rid of any redundancy, while clarifying some items that weren’t clear.
“He was trying to eliminate those items that were not clear. That was his motivation for eliminating some of that language,” Weiland said.
Hiatt asked if it could be removed from the ordinance to make it one and the same.
Corbett said he failed to see the problem.
“We’re saying one thing in one place and one thing in another, but they’re not contradictory Alpha. They’re put together because ordinances are read that way. They’re read to be congruent,” Corbett said.
The council approved the ordinance. It can be viewed on the town’s website at www.townofstuartva.com under the ‘News’ tab.
In other matters, the council:
*Scheduled a public hearing for the proposed fiscal year 2024-2025 budget for the Wednesday, May 15 meeting.
*Paid the bills.
*Heard an update on public works projects.
*Discussed Downtown Revitalization.
*Discussed the Virginia Retirement System (VRS).
*Heard from Matilda Hunsicker, of Matti B’s, and Amber Huffman, of The Hatteras Pearl, about the need for the council to continue to support Uptown Stuart businesses throughout Downtown Revitalization.
Council members Jeff Houchins and Rebecca Adcock, and Town Manager Bryce Simmons, did not attend the meeting. The trio were attending the Appalachian Gateway Communities Initiative in AL.
