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Public hearing on new noise ordinance set

The Farmville Town Council will hold a public hearing on Dec. 11 to hear concerns and comments on a newly proposed noise ordinance.

The first draft of a proposed new noise ordinance by Town Attorney Gary Elder was presented during the council’s Oct. 9 meeting following a request from the council’s Finance and Ordinance Committee.

The newly proposed noise ordinance, Sec. 16-1, now defines what is loud and disturbing, stating, “Unreasonable Loud: Noise, which is substantially incompatible with the time and locations were created to the extent that it creates an actual or imminent interference with peace or good order is. The following factors incident to such noise are to be considered: time of day; proximity to residential structures; whether the noise is recurrent, intermittent or constant; the volume and intensity; whether the noise is related to normal operation of a business or other labor activity and whether the noise is subject to being controlled without unreasonable effort or expense to the creator.

Disturbing: Noise which is perceived by a person of ordinary sensibilities as interrupting the normal peace and calm of the area. In determining whether a noise is unreasonably loud and disturbing, the following factors incident to such noise are to be considered: time of day; proximately to residential structures; whether the noise is recurrent, intermittent or constant; the volume and intensity; whether the noise has been enhanced in volume or range by any type of electronic or mechanical means; the charter and zoning of the area; whether the noise is related to normal operation of a business or other labor activity and whether the noise is subject to being controlled without unreasonable effort or expense to the creator.”

Section 16.2 of the new ordinance now goes into further details of what acts are limited and are declared to be loud and in violation.

The new ordinance also enacts new timeframes.

The playing of any music or other noise, whether electronically or otherwise, in such a manner or with such a volume or duration, particularly during the hours of 11 p.m. and 7 a.m. the following day, Sunday and Wednesday, and midnight and 7 a.m. the following day, Thursday through Sunday as to be plainly audible through the walls of an enclosed dwelling, business or other structure will now be prohibited.

The new ordinance also states, “Creating loud and excessive noise in residential areas between the hours of 9 p.m. and 7 a.m. the following day in connection with the loading or unloading or refuse or waste collection, tools used in construction, repair, alteration or demolition work, or repairing, rebuilding or modifying a motor vehicle or other mechanical device. “

Creating any excessive noise on any street adjacent to any school, institute of learning, or court while in session or adjunct to any hospital at any time is prohibited.

Sec. 16-1 of the current Town of Farmville Noise Ordinance states, “Playing any radio, phonograph or musical instrument in such a manner or with such volume or duration, particularly during the hours between 12:00 midnight and 7 a.m., as to annoy or disturb the quiet, comfort or repose of persons in or on the property of any dwelling, hotel or other types of residence is prohibited.”

According to Interim Town Manager, Dr. C. Scott Davis, the original discussion on the town’s noise ordinance, began several months ago when Buffalo Wild Wings had a DJ playing music on the outside patio, and a complaint was made.

During its September meeting, the council heard a complaint from Floyd Duffey, who resides on Randolph Street. Duffey, who lives behind the North Street Press Club, said he had concerns over loud noise coming from the establishment late into the night.

Following the September meeting and in an email to The Farmville Herald, Nash Osborn, an owner of the North Street Press Club, stated, “We at North Street Press Club have heard and are aware of Mr. Duffey’s ongoing noise complaints, and we are working diligently as we have from the time we opened to address these issues.”

After learning of the newly proposed noise ordinance on Monday, Osborne said he has no comment at this time.

Visit FarmvilleHerald.com to read the complete noise ordinance in its entirety.