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Town Council asked to revisit nuisance noise ordinance
Posted
Bob Burns, Reporter
A Fountain Hills woman has asked the Town Council to revisit or even repeal a nuisance noise ordinance passed by the council last year.
Christine McGinn asked for time to make a presentation to the council apart from the call to the public portion of the agenda. McGinn was give five minutes to make her presentation.
The discussion relates to several noise and party complaints made in connection with a residence in Fountain Hills where it appears the owner was renting out the property on a short term basis for weekends.
McGinn had made public records requests for Maricopa County Sheriff’s Office reports and body cam video of those complaint calls and based her presentation on what she considers quality evidence.
She outlined for the council information related to four MCSO calls prior to the council taking up the ordinance discussion. She said in every instance the responsible person on the property complied with the Sheriff’s orders.
McGinn also said no one with MCSO or the town contacted the property owner in relation to the complaints.
McGinn said this ordinance potentially impacts every resident in Fountain Hills due to its broad definitions.
“The entire Town of Fountain Hills is a victim of this ordinance,” McGinn said. “This ordinance was passed based on the complaints by one person who is no longer a resident.
“The town already has codes and ordinances that apply. The Town Council failed to act in the best interests of the citizens in passing this egregious ordinance.”
MCSO Capt. Hank Brandimarte said McGinn’s representation of the Sheriff’s Office records in her presentation was accurate.
Chris Gilbone said she would speak on behalf of those residents who still have problems with the “party house.” She described a Halloween party that had 100 to 150 people in attendance.
Gilbone said the house has bookings for 16 days in February and another 14 days in March. She added that there had been a three-day event earlier this month.
“You are allowing this person to run a small hotel on a residential street,” Gilbone said.
Others at the council meeting expressed their concerns about how the existing ordinance might be used to harass a neighbor or interfere with a one-time event that was charitable.
Jerry Friedel said he thanks McGinn for doing the research and suggested the council should take another look at the ordinance.
Howie Jones said he is concerned that the ordinance is ineffective and needs to be reviewed.
“There are lots of events coming up soon and it may only get worse,” Jones said.
The item was on the agenda as a presentation, but was not designated for any discussion or direction by the Town Council. The council gave no indication whether it would revisit the ordinance.
