Officials seek solution to loud noises

Niles will look at how other communities deal with noise issues.

By TIM YOVICH

VINDICATOR TRUMBULL STAFF

NILES — City Law Director Terry Dull has become the point man for the unenviable job of trying to find a solution to loud outdoor noise.

“This is a problem that seems to come up every year,” Dull said.

It isn’t unusual for city and Weathersfield Township residents to attend city council sessions to complain about noise, especially from U.S. Route 422 venues. One of the venues mentioned to city officials previously is McMenamy’s in Niles, near Weathersfield Township, which has outdoor summer concerts.

They claim they can’t use their patios or decks to take advantage of the warm summer nights, or even the inside of their homes, because their windows vibrate.

Currently, city police carry a decibel meter to read noise levels. Any reading more than 60 is considered loud noise by city ordinance.

The penalty is a maximum $150 fine for the first offense, $150 plus 30 days in jail for the second offense within a year, and a $250 fine and 60 days in jail for the third offense within a year.

The problems

Police Chief Bruce Simeone said a problem with the meters is that other noises, such as nearby conversations, negatively effect the readings.

For example, a normal conversation in a room registers 80 decibels on the meter, the chief explained.

Many communities use decibels as a measure of noise. Dull said he isn’t aware of any other type of measuring.

Dull, Simeone, city Safety Director Maurice Guarino, and Councilman Thomas Scarnecchia, D-at-large, chairman of city council’s safety committee, met last week to try to work out a solution.

They didn’t come up with anything definitive, Simeone said.

One of the problems in finding a solution is fairness, Scarnecchia and Simeone said.

They point out that it’s not only outdoor concerts along Route 422 venues, but it’s also special events, holidays, and Mahoning Valley Scrappers’ baseball games at Cafaro Field where fireworks are shot off.

“We’re trying to be fair to everybody without excluding special events,” Scarnecchia said.

“We’re looking at possibly setting a time limit on outdoor noise,” the councilman said.

Other communities

A similar situation existed in Boardman Township in 2003 because of the B&B Backstage — an outdoor theater that showcased bands during warmer months.

Since then, the B&B has closed and a restaurant is now being constructed in its place.

Township trustees changed the time that outdoor musical performances, parades and fireworks can take place from between 7 a.m. and midnight any day to between 7 a.m. and 10 p.m. Sundays through Thursdays, and between 7 a.m. and 11 p.m. Fridays and Saturdays and any day before a national holiday.

The hours were adjusted because residents complained of loud noise from neighboring businesses along U.S. Route 224 and South Avenue.

Dull explained that he will be looking at other communities and how they deal with the noise issue.

“I’d like to get the research done in the next few weeks” so legislation addressing the issue can be in place and businesses can make plans for next year’s season, the law director said.

Scarnecchia said the legislative process could take some time because he wants public hearings, and any proposal would go through three readings by city council for passage rather than being passed as an emergency.

Dull said the legislation must be precise so a court doesn’t rule it unconstitutional because it’s too vague.

yovich@vindy.com