Noise-ordinance revisions fail to please some officials

By Jordan Cohen

Some residents have accused police of not enforcing the current noise law.

NILES — Council members got their first look at revisions to the city’s controversial noise ordinance — and several weren’t happy with what they saw.

“Where does this change things?” asked Steve Papalas, councilman at-large at a meeting Wednesday. “We started this because music was too loud, and I don’t see where that has been [resolved].”

Council has been debating this issue for months because of complaints from residents about loud late-night live music at McMenamy’s on Youngstown-Warren Road.

The residents have accused the police of failing to enforce the law while police claim to have responded to the complaints. One resident, through a Cleveland attorney, has threatened a taxpayer lawsuit because of alleged police refusal to enforce the noise law.

Council’s biggest issue is enforcement, and a proposed revision leaves that decision to the discretion of the police officer “without mechanical or electronic enhancement.”

“Larger cities go with distance and leave it to [the officer’s] judgment,” said Law Director Terry Dull, who drafted the revisions.

Among other proposed changes:

UThe offending sound can be clearly heard at a distance of 100 feet. The current ordinance limits the distance to the edge of the property where the sound originates.

ULive outdoor musical performances can only take place between 8 a.m. and 10 p.m.—a provision drafted in response to the McMenamy’s complaints.

UAn exemption for parades, fireworks and sporting events, which can be from 8 a.m. to 11 p.m. on weeknights and midnights on weekends.

UAn exemption for religious worship activities for such sounds as bells and organs.

On the last exemption, Papalas asked and safety committee members agreed to add the word chimes. Last month, a resident complained about the Sunday morning chimes at a nearby church, and the complaint offended several council members.

Committee chairman Ted Stredney, D-3rd, said that he has not reviewed the revisions with police Chief Bruce Simeone, who did not attend the council session. He plans to meet with the chief and have another committee meeting, possibly next week, to work out the final ordinance.

Niles has several noise ordinances, and Dull said he will combine them to eliminate any possibility of contradicting restrictions and exemptions.

“We’ll iron out the issues and submit it to council,” Stredney said, adding that the final version will not be completed by the time council has its regular meeting next week.