The Town Council has approved updated noise regulations for the Town Code with an emphasis on “unreasonable noise” violations. The amendments remove enforcement standards based on decibel levels.

The council has discussed the proposed changes on several occasions over the past year but was initially reluctant to remove decibel standards. However, based on a discussion with Town Prosecutor Mark Iacovino in October, it became clear that noise regulations based on decibel levels are effectively unenforceable. Iacovino pointed out that it is impossible to separate nuisance noise from ambient noise on a decibel meter, making the readings ineffective evidence.

In his staff report to the council, Development Services Director John Wesley said the new ordinance “makes it unlawful for any person to make, allow, enable or create unreasonable noise with the intent to disturb peace or quiet of a neighborhood.” The ordinance gives a Sheriff’s deputy the authority to enforce the regulations. Law enforcement has the authority and ability to break-up a loud party or unruly event and order that those in attendance disperse.

“These provisions will only be used in cases where the people staging the party or event simply refuse to lower the noise volume, move the party or event indoors or voluntarily ask their guests to leave,” Wesley said.

The ordinance also includes 11 factors that can be used to determine if a violation is taking place. These factors include: the volume of the noise, the intensity of the noise, whether the nature of the noise is usual or unusual, whether the origin of the noise is natural or unnatural, the proximity of the noise to residential dwellings, the nature of the zoning of the area where the noise is coming from, the density of the inhabitation in the area where the noise is coming from, the time of day or night the noise occurs, the duration of the noise, whether the noise is recurrent, intermittent or constant and whether the noise is produced by a commercial or noncommercial activity.

There are also some exemptions relating primarily to commercial landscaping, maintenance or construction activities, as well as warning bells or sirens, church chimes and emergency activities.

Madelaine Bauer, an attorney with the Rose Law Group representing the Adero Resort, spoke to the council regarding the regulations. Bauer said they are generally supportive of the updated regulations. However, she expressed some concern regarding potential consequences for local businesses. She asked if it was the intent to allow Adero Resort and other similar businesses to continue to operate with existing approved uses.

Town Attorney Aaron Arnson said it is not the intent to inhibit businesses already operating under existing approved zoning.

Mayor Ginny Dickey concurred, saying she believes the existing language provides flexibility and discretion regarding possible complaints. The ordinance does exempt business where activity (noise) is consistent with approved zoning and use.

Councilman David Spelich said it is not the intent to interfere with what a business is already doing.

“I’m not sure, what exactly is counsel concerned about,” Spelich asked. “Is Adero planning a ZZ Top concert?”

The answer was no.

The council sought to make some changes to clarify the hours of operation for landscape maintenance and construction hours. The ordinance changes passed on a 7-0 vote.