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Council tables noise law
BY JAMES JACENICH • STAFF WRITER
 | | Monterey resident Andrew Washer said he supported a noise ordinance for Monterey, but was opposed to the use of harassment used by police and citizens to reduce unwanted noise. (Recorder photo by James Jacenich) |
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MONTEREY - Monterey Town Council tabled a proposed noise ordinance last Thursday following a public hearing and weeks of discussion by town citizens.
"I have had as many calls about this ordinance as about the historic district, and that is a lot," said Monterey mayor Janice Warner, referring to the year the council discontinued the town's designation as an historic district. "I have not had a single call in favor of this ordinance."
Other council members agreed and said calls they had received and people they spoke to outside of council meetings were overwhelmingly against the proposed ordinance. Public hearing airs last minute pros
and cons of ordinance
"Comments were made at the past few meetings we have had," said Butch Washer of Monterey. "People said we need to pass a noise ordinance to get back to the Garden of Eden. I say we've been doing pretty well without an ordinance. People could talk to each other reasonably about issues just fine before. An ordinance will stop neighbors talking to neighbors.
 | | Monterey town attorney Melissa Dowd answered questions about the technical aspects of the proposed noise ordinance. (Recorder photo by James Jacenich) |
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"People said music 'these thugs is listening to' is turning thugs into killers. If they were listening to (more traditional music, gospel, country at the same volume) would we be here now?
"The late night loud car was only prom night, not every night that you had been led to believe. The other incidents reported occurred before 10 p.m. (most around 3 or 4 p.m.) … People harassed my son (Andrew). They said if he were theirs he would have his butt beaten till he couldn't sit down.
"I think what we've been dealing with is a loss of respect on both sides (of this issue)," said Washer. "This ordinance won't help with the loss of respect."
Andrew Washer also addressed the issue. "Thanks for letting me speak tonight. We have a common problem here - excessive noise. It's a nuisance at night to have things wake you up. I am very much for this ordinance because I live on Main Street and it is a nuisance to be woken up at night. But I have been harassed two different times and
I've had the sheriff's department talk to me twice already. My subwoofer has been too loud. I have learned it should be turned down to a point, but that doesn't mean I'm going to turn it off every time I come to the town limits."
"I think Andrew has shown more maturity than I have seen in any teenager in a long time," said Ludford Creef, one of the original supporters of the noise ordinance. He lives on Main Street across the street and a few houses down from the Washers.
Creef added, "We need a little more law enforcement on the street. If law enforcement increased patrols on an irregular basis, they could surprise these troublemakers and issue citations. It (noise) doesn't stop at 10 o'clock. I get it all. Some changes have occurred; a few more need to take place. New laws and ordinances are useless if consistent, meaningful enforcement is not employed and for this we need the strong backing of the courts. I want to thank the town council for trying to restore peace and quiet. This means a good night's rest for me in Monterey. Thanks to parents and thanks to law enforcement. The sheriff did correct a large part of the problem with boom boxes with his (personal patrols)."
He also noted speed limits were not being enforced in town and warned of the consequences of mixing fast cars and pedestrian traffic. "If some agency does not start enforcing the speed limit, someone is going to get killed," said Creef.
The speed limit in Monterey is 25 mph.
Monterey resident Mark Swecker, who lives near the intersection of U.S. 250 and U.S. 220, spoke against the noise ordinance. His home is close to the post office, three gas stations, the firehouse, car wash and motel and a lot of noise, he said.
"If you live in a town you've got to expect those things; I'm used to it," he said. As for loud car stereo noise, he said, "It's a growing thing - the growing part is that you grow out of it. On ball game nights (when his children were growing up) we had our children and all their friends, (sometimes as late as) 11 o'clock (at night). I don't know if you thought this was normal. Someone could have come by and had us all arrested (if a noise ordinance were in place).
"What is this ordinance going to do? We have laws right now. If someone has offended me, if I can't get over it, I'll go get a warrant. How is this new ordinance going to protect me from the noises that are not going to stop?
"I commend the young people who have come and stepped up and admitted they made a mistake. In the 22 years I've lived in Monterey, I've never had to go to town council and say we've got to get this stopped. I've heard horns, doors slamming, car alarms, and lights flashing (at the motel). I've never come to council to say we've got to shut the motel down … I don't think that people are going to suffer if this passes, but I don't think this is going to change a thing. I'm not being critical of anyone who is for or against the ordinance," he said.
Cody Cohen, Main Street resident, said, "What we have to hear is ridiculous. It's mainly behind our house and it's constant. It is getting worse and worse. Is there a disturbing the peace ordinance? If there is not a noise ordinance, fine, but disturbing the peace needs to be enforced. I don't think there needs to be a noise ordinance. I think that landlords that rent should be accountable for the noise. Obviously the tenants don't care."
Her sister and Main Street resident, Summer Cohen, said, "My issue is with the law enforcement (sheriff and animal control officer) enforcing things. It's a matter of who should handle the issue. I've complained about dogs barking. When a complaint is made, an effort is made to stop it. I agree with Cody, it is a matter of respect. Stop doing it when you get a complaint. If it is not OK once, it is not OK. Dogs are going to bark, but it is not OK from 12 to 6 at night."
"There is nothing for teenagers to do," said Monterey business owner Roy Gutshall. "If you think you can outsmart teenagers, you've got another thing coming." He said teenagers would find ways around the ordinance to continue to make noise.
"I'm against this ordinance," he continued. "If you want to help the town, detour the trucks and other traffic. Jake brakes and engine retards make a lot of noise. If one of these trucks gets around Colaw T urn out of control (coming off the mountain) they are going to wipe (out) a part of this town.
"When I was a teenager, you couldn't get through Monterey ... You talk about noise, you haven't heard noise, you have no idea. It never hurt anybody. When we done something wrong, Sheriff Hammer talked to us. The first state trooper in Highland County talked to us and said, 'You do what we asked, and we'll leave you alone.'"
Bill Richards, an original proponent of the ordinance, said, "I'm for this law. You need laws. If you don't have laws and regulations you have utter chaos. Go by the Golden Rule, 'Do unto others as you would have them do unto you.' If we did that, we wouldn't have to have a law."
Warner read a letter from William Lowe Jr. of Monterey. "I do not believe we need an anti-noise ordinance; one that would be both unnecessary and which would be virtually unenforceable even in the rare event that there was excessive noise.
"I have owned a home and lived in Monterey for nearly 14 years and I have never been aware of loud obtrusive noise of any kind, other than of a sporadic and very transitory nature. Usually one can hear the music being played in a car as it drives past. At my home, I don't hear it unless I am out in the yard working at the front of the house. The car drives past and the noise with it. It lasts a few seconds at the very most. As for dogs barking, I hear them occasionally. I have never been bothered by excessive dog barking."
Lowe added the town could not stop trucks from coming through Monterey because they have no alternate route. "I cannot say that I personally like the kind of music that teenagers seem to enjoy today, but that's what my parents' generation said about our music when we were in our teens. All kids need some room in which to express themselves - no different now than when I was young." He concluded, "The noise that I am aware of is of an entirely transitory and sporadic nature and of such a short duration that to complain of it would seem unfairly intolerant."
Town attorney clarifieds proposed
ordinance, consequences
Town attorney Melissa Dowd said under the proposed ordinance, noise from animals requires two people to complain, but other sources of noise need only one.
Butch Washer suggested the two-person standard should apply to all forms of noise addressed by the proposed ordinance, not just animals.
Dowd also explained the ordinance had no provision for a first-offense warning but that a judge would have the discretion to take a charge under advisement. Deputies can swear out a warrant, but they have to hear the noise. "It is up to the individual who hears the noise to go to the magistrate and swear out a warrant," said Dowd. "This puts the burden on the individual who hears the noise."
Nothing in the ordinance stops people from suing others over noise nuisances, she said.
Violations of the ordinance would be a class three misdemeanor with a maximum fine of $500. "It is just a fine without jail time. You get a summons instead of an arrest warrant," said Dowd.
Dowd clarified a point on daytime noise posed by Andrew Washer. "I think the intent is that noises that might be permissible during daylight hours might violate the ordinance at 3 o'clock in the morning," said Dowd.
Andrew Washer said, "I felt it was saying that during daylight hours I could be ticketed."
"This is a reasonable person ordinance," Dowd explained. "All this is saying is that what is reasonable during the daytime may not be reasonable at night. Your stereo could be up louder during the daytime than at 3 o'clock in the morning; it's a reasonable standard. I can't tell you how loud that means during daylight hours. That's an issue."
Andrew recommended if the ordinance is passed at some point that signs should be posted at all entrances to Monterey advising motorists of the ordinance. "It would be (unfair) for some outsider to come through town and (violate the ordinance) and have to come back to pay the fine," said Washer.
Warner said at the conclusion of the hearing, "I think that it would be in the best interests of the town and council to table this and see how things work out and look at it in several months and decide if we indeed want to enact an ordinance or if we just want to let things take care of themselves."
Councilman Don Dowdy made the motion to table, seconded by councilman Tony Stinnett. All councilmen present (Francis Fenn was absent) voted in favor of the motion.
Warner noted the town had spent $1,172.50 on the noise ordinance proposal so far.
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