Wallace noise ordinance headed for public hearing

WALLACE –– The Wallace City Council plans to hold a public hearing during their April 10 meeting to discuss their recently completed draft noise ordinance. 

Councilman Rich Matrisciano has been working on the draft ordinance since November of last year, working diligently to make sure that the piece of municipal legislation is clear and covers all potential aspects of potential noise violations. 

The six-page document details how it defines noise or any other potentially nuisance sounds that fall under its purview. 

Within the ordinance, noise is defined as any unwanted sound – including noise disturbances which they state are, “Any sound or vibration which: May disturb or annoy reasonable persons of normal sensitivities; or Causes or tends to cause, an adverse effect on the public health and welfare.”  

These sounds cannot exceed 70 decibels when measured at either the property line of the complaining party or 50 feet from the origin of the sound – whichever is closer. 

This includes plainly audible sounds (understandable speech, repetitive bass, or music), sound reproduction devices (stereos, radios, instruments, televisions, or other amplification devices), vehicle horns or signaling devices, construction activities, animals, car mufflers, and compression brakes. 

These rules would be in effect from 10 p.m. – 7 a.m. Sunday through Thursday, and 11:59 p.m. – 7 a.m. on Friday and Saturday. 

Construction noise, which includes, but isn’t limited to lawn mowers, edgers, weed trimmers, blowers, chain saws, welders, air compressors, or power tools can only be operated between 7 a.m. and 10 p.m., seven days a week. 

There are a few exceptions to these rules, including snow removal, alarm systems, deliveries to commercial businesses, and noises stemming from holiday celebrations on January 1, July 4, and December 31. The are a few other common sense exceptions as well. 

Residents would be able to petition for special variances from the ordinance, if removing the cause of the violation caused “an unreasonable hardship on the applicant, on the community, or on other persons.” 

From a punitive perspective, first-time violators would be fined $300 and any subsequent violation would be treated as a misdemeanor, up to $1,000 in fines, or potentially six months in county jail (or a combination of both).

Wallace has a notoriously lively nightlife – especially during the summertime and on most weekends, which is something Matrisciano made sure to be cognizant of as the draft ordinance was written. 

“Especially in the summertime, when ten o’clock rolls around – we don’t want people to feel like they have to leave or mess up their good time,” Matrisciano said previously. “We’re trying to fit things in there that are reasonable.” 

Instead, his hope is the ordinance gives people peace of mind. 

“When you have that dog that incessantly barks for hours, or the person blaring their music, revving up their dirtbikes, you don’t feel helpless because there isn’t an ordinance in place,” He said. 

During the public hearing, people will be allowed to present arguments for or against, as well as neutral, for the ordinance, and then if the council feels that they can decide at that time, they can choose to vote on the ordinance. If not, they can pause the public hearing and potentially amend their legislation before bringing it back to the public and discussing any changes that were made.

The ordinance requires a majority decision from the council, with the mayor holding the potential tiebreaking vote if needed.   

The Wallace City Council meeting is scheduled for Wednesday, April 10, at 5 p.m.