After what might be described as a “reasonable” discussion with Town Prosecutor Mark Iacovino, council members were apparently swayed from using a decibel reading standard to enforce noise regulations in Town Code.

The council made no decisions on amendments to the code, but staff returned to the discussion with Iacovino, who was able to participate via telephone at the Oct. 19 council session.

At a meeting in August Development Services Director John Wesley presented proposed changes that excluded decibel enforcement on the advice of Iacovino and the Maricopa County Sheriff’s Office. At that time the council, along with a recommendation from the Planning and Zoning Commission, presented a consensus in support of the decibel reading.

Iacovino was succinct in his comments to the council. He said noise is an important issue that has been discussed many times related to enforcement.

“The decibel standard has a certain appeal because it is an objective standard, you go to the area and take a reading,” Iacovino said. “Unfortunately, it is not that simple.”

He said decibel meters cannot separate ambient noise, the surrounding sounds of traffic, wind, even crickets, from the nuisance noise. The ambient sounds can be significant and inconsistent depending on conditions at the time of the reading.

“You can’t hold people legally responsible for noise they are not making,” Iacovino said. “I am not an advocate of decibel level enforcement. ‘Unreasonable’ noise is a much more workable standard.”

Councilman Mike Scharnow said he was one who questioned the validity of a subjective reasonable standard. He asked Iacovino if the ambient noise issue is a valid defense for a violation.

“You simply ask (the citing deputy/officer) what the ambient noise level was, and they won’t know,” Iacovino said. “That is the end of your case.”

He added that he discussed the issue with other jurisdictions who use the decibel standard and was told they deem it unenforceable.

“You have much greater success using a standard of ‘unreasonable’ noise,” he said.

Councilwoman Sharron Grzybowski told Iacovino he did a great job explaining his position. However, she said due to her past history working in the insurance industry, she has a strong inclination toward objective standards over subjective.

“Unreasonable is not a definitive measure,” Grzybowski said.

“There are many laws that require actions that are unreasonable,” Iacovino said. “The ‘reasonable man’ standard has been upheld by courts as objective.

“It is a legal standard that has been used for many, many decades.”

Town Attorney Aaron Arnson told Council members that Iacovino’s argument had swayed his opinion on the subject.

“(He) turned me into a believer,” Arnson said. “You learn the ‘reasonable’ standard very early in law school.”

Councilman Gerry Friedel said he was doubtful himself but was swayed by Iacovino’s argument.

Mayor Ginny Dickey asked staff to provide the criteria for defining nuisance noise issues that result in complaints.

There are lot of factors to consider in determining “unreasonable” nuisance violations, Wesley said. He noted one ordinance he read includes 14 different criteria. The Code amendment will come back for council consideration at a later date.

“We want an ordinance that is as simple and straightforward as possible,” Iacovino said.