Thursday, February 26, 2009
By Jordan Cohen
NILES — After months of debates and revisions, the safety committee of Niles City Council worked out a noise-control ordinance that its chairman, Ed Stredney, believes will meet with council’s approval.
“This version is more definitive and spells everything out, especially exceptions,” Stredney said at Wednesday’s committee session.
Key to the resolution is the removal of several items that had provoked several council members into open opposition, including a noise restriction after 9 p.m. Sundays through Thursdays.
During previous meetings, a spokesman for Cafaro Corporation, owner of Eastwood Field, warned that those hour limitations could affect baseball games and concerts at the stadium. The city has a permit law for public activities, and the ordinance exempts all special events with city permits.
“We’re going to review the permit process through the prosecutor,” said Terry Dull, city law director.
Stredney said the committee also agreed to eliminate a noise distance limitation after discussing the issue with city police. Officers will not be required to use meters for decibel readings.
The ordinance identifies the primary means of noise detection as the police officer’s “own auditory senses without mechanical or electronic enhancement.”
Late last year, the issue over the noise ordinance came to a head when a number of residents complained about noise from concerts at McMenamy’s, a restaurant on Youngstown-Warren Road.
“We even get noise complaints about [worthwhile] community activities like Relay for Life and concerts at McKinley Memorial. We have to look at what’s good for the community,” Stredney said.
Dull said those residents still can file a private nuisance complaint regardless of the ordinance.
Stredney said the ordinance will not be presented at the council meeting next Wednesday but indicated it could come to a vote later in March.