Noise ordinance discussions continue in Niles

By Jordan Cohen

One person’s music is another person’s nuisance.

NILES — Members of city council’s safety committee admit they’re walking an extremely fine line while trying to update the city’s noise ordinance.

“We’re damned if you do and damned if you don’t,” said Thomas Scarnecchia, council-at-large.

The committee met Wednesday in response to ongoing complaints about noise, most of which have been made by residents about rock concerts at McMenamy’s Restaurant on Youngstown-Warren Road. Other complaints have been registered about the noise from an industrial plant, a problem that has been resolved by the industry, according to the committee.

“The general consensus is our ordinance is too vague and we have to define nuisance more,” said Ed Stredney, 3rd Ward. “The problem is that what is disturbing to some people doesn’t bother others.”

“The ordinance has to be reasonable and fair and we have to be able to enforce it,” warned Police Chief Bruce Simeone.

Although the committee is considering exemptions for business and industry, it is also looking into permits that would be issued for concerts or other activities that run past a designated time along with time limits for specific events.

However, a representative of the Cafaro Corporation, whose Eastwood Field hosts everything from the Mahoning Valley Scrappers to fireworks to rock concerts said his company is opposed to those changes.

“As a business, we strongly resent limits on our ability to conduct entertainment that people want to see,” said Joe Bell, the corporation’s corporate communications director. “Does that mean the Scrappers can’t play extra innings? What you are doing is all subjective.”

As an example, Bell noted the current noise ordinance limits the volume to 60 decibels at the property line, which he said was unrealistic.

“We’re talking louder than that in this room,” Bell said.

Councilmen agree they do not want to put anything in the new ordinance that would create obstructions for business and industry, and become a barrier to attracting more entertainment to the city. One resident who has often complained about the volume of the McMenamy’s concerts to council agreed.

“We don’t want to put [them] out of business,” said Dave Anderson. “We just want them to turn down the volume.”

A Cleveland attorney who represents a Niles resident said there is no reason to change the current ordinance.

“You’re only thinking of revising the ordinance because of one business and you won’t enforce the law you have against it,” said David Neel who spoke later before the entire council. Neel has threatened a taxpayer lawsuit if the issue remains unresolved.

Stredney and Law Director Terry Dull plan to draft a revision and submit it to the committee next week. Previous calls to McMenamy’s management seeking comment have not been returned.