BOARDMAN Regulations set for adult businesses

Earlier curfews are proposed for outdoor concerts and delivery noise.
By PETER H. MILLIKEN
VINDICATOR STAFF WRITER
BOARDMAN -- Township trustees have enacted regulations restricting adult bookstores and movie theaters and have given first reading to an amendment to the noise ordinance.
The regulations enacted Monday take effect in 30 days, limiting locations of such businesses.
Their passage follows enactment in September of similar regulations concerning massage establishments and adult cabarets, which took effect Wednesday.
All adult-oriented businesses would be permitted only in industrial districts or in a commercial district on South Commons Place and barred from Market Street, South Avenue or U.S. Route 224 and within 500 feet of a church, school, park or residential area.
"We're hoping that they will survive First Amendment scrutiny, if challenged. We think they will," said Darren Crivelli, assistant zoning inspector.
Noise ordinance
Trustees gave first reading to an amended home rule noise ordinance, which is scheduled to come back before them for a second reading and final passage at 7 p.m. Nov. 12, taking effect 30 days later.
The ordinance would be amended to prohibit plainly audible noise from outdoor concerts between 10 p.m. and 7 a.m. The existing ordinance prohibits such noise between midnight and 7 a.m.
The ordinance would also be amended to prohibit plainly audible noise from deliveries to commercial properties adjacent to residentially zoned properties between 11 p.m. and 7 a.m. The midnight to 7 a.m. standard now applies.
Plainly audible is defined in the ordinance as sound that can clearly be heard by a person with normal hearing 100 or more feet from its source.
Offenders would be subject to fines of $250 for the first offense, $500 for the second, $750 for the third and $1,000 for the fourth and subsequent offenses.
"The residents have spoken very loudly through all of their phone calls to us, to the township, to the police department that we need to respond to protect them," from excessive noise during the night, said Trustee Thomas Costello.
Other business
Trustees awarded a $50,210 contract to Schimley's Excavating Inc. of Niles for improvement of the Lockwood Boulevard detention basin. They also bought for the fire department three defibrillators from Cardiac Science of Minnetonka, Minn., for $7,249 and 12 firefighter helmets with eye protection and front shields from Youngstown Fire and Safety for a combined total of $2,930.
They bought six 2003 Crown Victoria police cars for $123,150 from Donnell Ford of Boardman and endorsed the 5.9-mill schools levy on the Nov. 5 ballot.