Noise ordinance update passed in Wadsworth

WADSWORTH — The city's noise ordinance has been updated for the first time since 1980 after City Council approved new legislation establishing quiet zones. In less than a month, there will be quiet zones from 10 p.m. to 7 a.m weekdays and 11 p.m. to 8 a.m. weekends. Use of any sound-producing residential tools, equipment, or machinery on weekdays between 9 p.m. and 7 a.m. and from 9 p.m. to 8 a.m. weekends will be prohibited. A scale has been established that classifies first and second offenses as a minor misdemeanor. If one of those offenses involves persistence after a warning from responders, the penalty could be bumped up to a fourth-degree misdemeanor. A third offense within 12 months is set to carry a third-degree misdemeanor penalty. Exemptions include noise from aircraft, emergency sirens, alarms, public and private utilities and emergency repairs or work. Construction and development activities or associated operation of heavy equipment will be allowed during the week between 7 a.m. and 9 p.m. and Saturdays between 7 a.m. and 5 p.m. Such work is prohibited on Sundays and on holidays recognized by the city. All updates are effective Oct. 31. "It makes things more clear-cut for officers," said Wadsworth police Lt. David Dorland. "We just got a copy of the ordinance yesterday afternoon. With the previous ordinance, it really just dealt with the standard of noise being unreasonable. That can be subjective from the view of the complainant, the person making noise or the officer. Depending which officer it is, judgment can be different based on the volume, the day of the week or the time of the day." City Public Safety Director Matt Hiscock has said he can't recall an instance where repeated noise ordinance violations led to a resident being charged with a maximum penalty under the old noise ordinance. The new legislation updates Wadsworth's general noise ordinance while separate laws have been written that deal with specific sources of loud noise, including loud vehicles and screeching tires. "I like the way this ordinance is structured in giving us definitive hours and days of when noise isn't allowed," said Dorland. "It's very reasonable as far as keeping the peace among citizens and being respectful of everyone who lives in the city. It looks good. Of course, with any new law, we won't know how it plays out in reality until we have some situations to apply it to. The old ordinance was many, many years old and with the way the city has grown and its makeup has changed, I think we needed to address some new situations we tend to come across." The U.S. Noise Pollution and Abatement Act of 1972 is largely credited with opening the door for municipalities to pass their own legislation regarding what they consider excessive noise. That act aimed to establish standards for noise sources including motor vehicles, aircraft, HVAC systems and individuals. It also encouraged municipalities to take noise pollution into consideration while planning usage for a given piece of land. Federal funding for noise control ended in 1981, with the vast majority of responsibility handed off to state and local governments. The Environmental Protection Agency continues to take the potential for excessive noise into account when formulating environmental impact assessment for new building projects. Some talks among Wadsworth officials while drawing up the new noise ordinance centered on using equipment to measure decibel levels when responding to a complaint. Ultimately, it was decided that it would be too costly and could potentially complicate proceedings. "That would have required us to acquire the meters themselves," Dorland said. "With our lockout kits, we only open car doors in certain situations like a child or an animal being locked in a vehicle. Officers only have access to a certain number of lockout kits. I think we'd probably run into the same situation with a decibel meter. We'd have to buy one for every single officer or run the risk of some officers not having access to one when it's needed." "Decibels are also kind of an unpredictable factor," he added. "Just because the time of the day or weather conditions can affect how far noise might travel and affect the reading on a decibel meter. I know that when we looked at other ordinances, some cities and jurisdictions had meters as part of their ordinances. We felt that having a concrete day and time and setup for type of noise would be more effective for us." Contact reporter Jonathan Delozier at (330) 721-4050 or jdelozier@medina-gazette.com.