For the first time in the town’s history, town council members will consider a proposed noise ordinance, and its revisions, on Wednesday, April 17. A public hearing will be held on the matter when the meeting gets underway at 7 p.m. in the town offices.
The council tabled the proposed noise ordinance at the March 20 meeting until it could be revised.
Town Manager Bryce Simmons said the genesis of the noise ordinance began late last year.
“We began receiving complaints about a gentleman in town that was playing a radio that could be heard from the right-of-way, and it was sort of obvious that it was being done to annoy his neighbors,” he said.
Neither the town nor the county has a noise ordinance, according to Simmons, who said the town was advised that without an ordinance, there were no legal ramifications to pursue.
“Because of that, we went through the process of developing a noise ordinance that would give the town the authority to address these warranted complaints from citizens,” Simmons said.
While the issue with the particular town resident and his radio motivated the idea for the ordinance, Simmons said there have been instances with vehicles that are playing stereo too loud while riding up and down roadways.
“In general, it has been based on complaints from the citizen,” he said. “We probably get, I would say two complaints, maybe three complaints, in a month regarding sound generating from a private residence,” he said, adding these complaints include people yelling, playing a radio, vehicles, and other issues.
Simmons said Town Attorney Chris Corbett did most of the research on the proposed noise ordinance to craft a model for the town that would suit its needs.
The ordinance includes six sections and begins with a declaration of policy, which “is the town saying what we believe that this noise ordinance is meant to accomplish,” Simmons said.
Section 2 includes the definitions of various terms, such as excessive noise, plainly audible, public right-of-way, sound, sound amplifying equipment, and other words and phrases.
“Section 3 goes through the punishment,” Simmons said, adding violators could be found guilty of a class 3 misdemeanor, and sentenced to a fine of not more than $500.
The fourth section of the “has a lot of the definitions regarding radios, televisions, stereos, loudspeakers, and anything that would generate noise that would disrupt or disturb the peace. So, that’s really where the description of the types of noise that that town would like to restrict,” Simmons said.
Noise is primarily restricted from 10 p.m. to 7 a.m., “when people should be at night sleeping, and you don’t want it to be loud at that time anyway,” Simmons said. “That’s part of the reason that people like moving to the Town of Stuart. It’s peaceful at night you don’t have to worry about trains, automobiles, motorcycles, and any of that nature in the middle of the night.”
The proposed ordinance includes some exceptions, as outlined in the fifth section, Simmons said, and explained “You have to have exceptions to every ordinance because you don’t want to start policing things like emergency vehicles that are running through town.”.
Other exceptions are the annual Strawberry and Apple Dumpling Festivals, “because we have live music that happens, which could then potentially be in conflict with the noise ordinance. Section 5 has all of those exceptions and the exemptions from the noise ordinances,” he said.
Specifically, Simmons said the town wanted to make sure its musical events, like the First Friday at the Stuart Farmers’ Market, were exempted from the ordinance.
“We didn’t want to be hamstrung by a noise ordinance for having and wanting to produce live music for the sake of tourism in town,” he said.
Also among the listed exceptions are sound which is necessary for the protection or preservation of property or the health, safety, life, or limb; public speaking and public assembly activities, peaceably assembled on any public right-of-way or public property; religious services, religious events, or religious activities or expressions – including, but not limited to music, singing, bells, chimes, and organs which are a part of such service, event, activity, or expression; the striking of clocks, and lawful discharge of firearms.
Simmons said the final part of the ordinance, Section 6, is dedicated to other enforcement of the noise ordinance.
“Basically, that gives the sheriff’s office the authority to enforce the noise ordinance on behalf of the town,” Simmons said, adding that in a perfect world, he would like to believe the town does not need a noise ordinance.
“I think that anytime you can get by without having to increase the authority of the town is preferable, but it’s one of those situations that if there is no civil recourse between neighbors, then that is certainly a job that the town needs to perform,” Simmons said.
So far, Simmons said there has been little feedback about the proposed ordinance.
“There have been maybe a handful for, and maybe a handful against, combined. So, there’s been very little reaction, except for the individuals that have spoke out at the town council meetings,” he said.
Copies of the proposed noise ordinance are available for viewing at the Town Office or the town’s website at www.townofstuartva.com under the ‘News’ tab.
