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General News: Noise Ordinance on Tap for Town

You wouldn't hear a lawn mower between 8 pm and 7 am under the proposed law.
You wouldn't hear a lawn mower between 8 pm and 7 am under the proposed law.
October 15, 2009

Are you concerned about the noise level in town? Local resident Gerry Wagner was so concerned about the lack of law that could be applied to noisy neighbors that he started asking the town board for a local ordinance – and the members listened.

Now, a year later, the town council has a draft law regulating noise that it wants to adopt, but first it will solicit input from residents at a public hearing to be held on November 9 at 7:10 pm at town hall.

Some of the highlights of the proposed law include a ban on loud noise after 8 pm and before 7 am. The ban covers construction equipment, lawn mowers, leaf blowers and chain saws as well as sirens (except emergency ones) and burglar alarms. To take a look at the full draft law, stop by the town clerk’s office on Main Street during business hours.



Comments:

Maybe 9 pm is a little better with todays economy most of us have to work,while others may not.For as long as I can remember its never been an issue with most people with it at 10 pm , but it only takes one rotten egg to spoil the bunch...


posted by JIM SEBESTA on 10/15/09 at 9:42 PM

An absolute ridiculous ordinance. I will absolutely be at the town meeting in November to voice my opinion


posted by d Baiocco on 10/15/09 at 11:01 PM

High taxes, businesses closing/leaving town, breakin's on the raise but the town drafts a law over noise?????? I'm sorry but isn't more important issues that should be taken up first before we look to lock up a noise maker at 8:01pm???????....I really hope the town doesn't just want to "do something for the sake of doing something" because this ordinance is ridiculous.......


posted by Jim McKeever on 10/16/09 at 12:35 AM

I think people have to consider the spirit of this ordinance and why it was brought up in the first place.

The original incidents were severely inconsiderate neighbors with no concern for anyone's quality of life. Feel free to reference the many articles on the incidents in the Local. These ordinances are a tool the town can use for just such a situation. Let's say that you have a neighbor who likes to blast his music until midnight every workday, and he or she refuses to turn it down to a normal level even after you ask them many times. You would have absolutely no legal recourse what so ever. You would just have to buy earplugs. Is that fair?

But I do think 10 pm to 7 am would be a better period of time. No one should be calling in their otherwise considerate neighbors for an isolated late mow or bbq on a summer night.


posted by J Klein on 10/16/09 at 7:23 AM

I'd like to see something done with people driving while talking on cell phones first before we worry about noise....


posted by Jim McKeever on 10/16/09 at 11:51 AM

Noise is a quality of life issue and I think towns like Cornwall should be the ones to lead this charge... otherwise nothing will get done and it will be too late.


posted by Jim Bixler on 10/16/09 at 4:22 PM

I can completely understand and sympathize with the Wagners; I lived next to a similar bunch years ago and it was truly hell. However - the danger is that you will get someone like the clod in our neighborhood who called the cops at 7 pm on a birthday party because the kids had a band. It was not unreasonably loud and it was completely tolerable for a MAJORITY of the neighbors, but this one goofball gets bent out of shape and then 4 police cars show up WELL BEFORE the 10:00 p.m. ordinance. the week prior another neighbor had a tree chipper going at 7 am on a weekend. That was much louder and much more unpleasant than the music. I wasn't happy about it but I figured it was their business. Where was the hyper sensitive clod when that was going on? Why didn't s/he callthe police about that? The point is that the enforcement of this law can become capricious and selective. We have a noise ordinance; 10:00 p.m. Enforce that.


posted by Kate Benson on 10/16/09 at 11:19 PM

I am pleased to see the lively discussion about the noise ordinance which I have been campaigning for in the town for approximately 1 1/2 year now. I look forward to hearing all sides of the argument on November 9th but I would like to address a few comments made here:

The thought of a noise ordinance is only ridiculous to those who have never been affected by unwanted, (and in my case life changing), noise from a neighboring property. My wife and I were plagued by a rental property that was 80 feet from our bedroom window. Our ordeal is well documented both by the local press and police department. We endured almost an entire year of endless noise, all hours of the day and night as the property in question became the local hang out for young trouble makers, (I'm being polite), with no regard for others or themselves for that matter.
The police were at our home on a weekly basis and the property owner was informed of his tenants behavior on many occasions yet nothing changed..in fact their behavior only got worse the more we complained.

Long story short, (and it is a VERY long and detailed story), we only found relief through a strategy of what I now call a 'blitz' approach to the property owner and the tenants.

We hired the best lawyer in the area who specializes in such matters. The was not inexpensive but we were limited in any criminal approach to the situation because of the lack of proper laws / ordinances governing such behavior. We ultimately sued the property owner in civil court on several issues pertaining to the destruction of our quality of life.

Chief Todd Hazard would call the property owner often, very often, to inform him of the trouble at his property. In retrospect, I now know Chief Hazard did what he could to help us but at the time I must admit I was often frustrated with what seemed like apathy on the police's part. The fact is they had little recourse with these people without a law at their disposal to bring an end to what was our nightmare. The local press kept the issue current from week to week and often put a story of our plight on the front page.

All of the above mentioned and more led the property owner to eventually relent and place the property up for sale.

What did all this cost my wife and I just from a financial standpoint? Just short of $200,000 which includes legal fees, security alarms and cameras installed at our home, the purchase of the property and the ultimate removal of the house in question. There is no financial value I can put on what this did to us emotionally.

We were fortunate to be able to have the means to make such a drastic and dramatic move to end what had become a living hell for us, but the financial outlay has changed our plans for our future and in this economy a hit of that substance is not easy for anyone to absorb, but we felt we had no choice.

My campaign for a noise ordinance is fueled by one simple emotion...I don't want anyone in this town that I love to EVER go through what my wife and I had to endure. The proposed ordinance will give law enforcement a tool to use when people who have no consideration for others and no common decency try to destroy the quality of life of innocent, law abiding citizens.

The village has had a noise ordinance for some time now and I know of no charges of abuse of power or innocent people being targeted as a result of their noise ordinance. Chief Williams, before his retirement, told me he felt the village's noise ordinance was a 'useful tool."

Does the town have more important issues at hand right now? the new year's budget?..rising crime?..rising taxes?.you bet these are pressing issues. The last time I checked, other town business did not come to a grinding halt over the last year and a half as this noise ordinance was discussed and ultimately formulated.

Although those who oppose this ordinance may not see it now, but my efforts campaigning for the ordinance have been for their benefit so they can continue to enjoy the peaceful existence they have come to take for granted here in our beautiful town because without this ordinance their lives can change dramatically with the seemingly insignificant arrival of a new neighbor. believe me..I lived it!


posted by Gerry Wagner on 10/16/09 at 11:49 PM

I respect you and your story, Mr. Wagner, but I just don't feel that YOUR personal situation should become a TOWN situation, if you know what I mean. I don't believe that the Town of Corwall has a reputation of being a "noisy town" that needs enforcement because you had a bad neighbor. I'm sorry.


posted by Jim McKeever on 10/17/09 at 10:11 AM

Town police records show that from 12/1/08 to 6/1/09 there were 38 registered noise complaints in the town. My "personal" situation was resolved by 9/08 so these reflect complaints by others. Cornwall may not have a "reputation as a noisy town" but based on the record there IS a problem which the proposed ordinance can address.


posted by Gerry Wagner on 10/17/09 at 10:31 AM

Point taken Mr. Wagner, 38 noise complains, that averages out to 1 every 5 days....I would like to know how many of those were legit, meaning that the officer determined that there WAS indeed a noise problem, and not something a simple "Can you please keep it down?" could have handled.


posted by Jim McKeever on 10/17/09 at 12:43 PM

The number 38 comes from Chief Hazard after I counted 42 incidents noted on the police blotter published on this website for an earlier 6 month period. The Chief corrected me stating that the 38 incidents that he noted were "true noise complaints".
Yes, most noise complaints are resolved amicably by the alledged offender simply stopping and / or adjusting the objectionable behavor. This ordininace is for those incidents that require stronger law enforcement intervention. These incidents DO exist in every community, this is not unique to Cornwall. I am a believer in "less government" and I understand concern for more laws but there are laws / ordinances which are needed to keep our community safe and peaceful.....I beleive this is one that has been long over due.


posted by Gerry Wagner on 10/17/09 at 1:45 PM

I have found Cornwall residents to be rather thick skinned when it comes to the rare disturbance. It takes a lot to have someone call the police. Therefore saying there was only 38 called in, there was probably more like 50 or more actual incidents that warranted the police being called. Also, many people are aware there is nothing the police can do with no ordinance in place. Please also be aware that there are various levels of enforcement the police will then have. The range being from warnings to a ticket. No one is going to jail, the gestapo aren't going to take your kids, you will be okay. Down the road, if such an ordinance is truly a bad fit, it can be changed or repealed.


posted by J Klein on 10/19/09 at 6:55 AM

Being the parent of kids who have been in a local band (Within The Walls) and who jam at ours and friends houses quite frequently, I can understand Kate's expression of concern. We've always talked to our neighbor and told him that if it ever bothers him we'll make them stop, and they know that 10pm is the limit (afterall - I want some quiet in my own home too). Unfortunately - situations like that experienced by Gerry do happen and there should be laws in place to prevent the hell he had to suffer. I know I'd want the police to act if it were me - I don't have $200k to attempt to correct the situation myself.

That said - I do think that 8pm is unreasonable (especially on a Fri or Sat night in the summer) and that 10pm would be more appropriate. I mean - I want to be able to have some friends over for a party/barbeque now and then in my yard and though we never blast loud music, I could see someone who has a crotchety neighbor having the cops called on them at 10:01pm because one of the party guests laughed too loud. So there is potential as well for unreasonable behavior in both directions on this. There has to a balance in there somewhere. Perhaps the time could be earlier Sun - Thur (10pm) and a little later on Fri & Sat (12pm)? Just a thought.


posted by Chuck Trella on 10/19/09 at 9:13 AM

Umm - oops - that should read of course 12AM - didn't mean 12 noon.


posted by Chuck Trella on 10/19/09 at 9:15 AM

A noise ordinance--if sensibly set and evenhandedly enforced--is not just "protection" from noisemnakers. It's also protection from neighbors with unreasonable requests for quiet!

My son (along with Chuck's son, actually!), for instance, practices with his band, "Foolish Carpenters", up in his room after school.

Our neighbor has called the police, repeatedly, to have my son close his window or stop playing. The police have asked--and we have COMPLIED--that he shut the window at 9:00pm and stop playing by 10:00pm during the week (we can add an hour for Friday and Saturday). And this is in the absense of any official noise ordinance.

Yet, the neighbors still complain, and the police still come. And we are complying with the police's fair request to limit the music/sound/noise (depending on your point obf view!) coming from our house.

We've gotten calls from our neighbor as early as 5:00 pm on a SATURDAY to have my son stop playing, or close the window.

A noise ordinance--fairly set and uniformly enforced--would be a break for us, as well.

BTW--Chuck and my sons' band came in third place in the recent "Cornwall's Got Talent" show. I guess beauty is in the ear of the beholder.


posted by Stephen Sywak on 10/19/09 at 10:43 AM

Hopefully if this one mans problem becomes the towns someone will put in common sense at this meeting. 11pm-8am would be reasonable if they must place another law on the books. Im eager to see what classifies as 'noise' and how its handled, I know plenty of birds that begin squawking at 5am, I suppose the next law will be to 'humanely eliminate' the birds. Lets not forget the garbage trucks, fireworks or weather.
To try and put a law on noise is utterly insane. Cornwall is a very quiet town, if you do not think so I encourage you to drive through Newburgh at night and imagine trying to sleep, they have no laws on noise. Although I can already hear the 'Well we dont want to be like Newburgh!' that wasn't the point. The point is that noise is normal, all humans make noise, all animals make noise. If the noise is THAT out of control try talking to the person making the noise [not calling the cops].
But to those complaining about the noise think about this, Cornwall has been around for decades now and no one ever needed or wanted this new law, why now? and one last point, I'm willing to bet that 90% of the people for this asinine law are from a city, thinking that in a town it should be so quite you can hear a pin drop. Maybe its because I'm still in the age range of 'young troublemaker' but this is the most asinine thing iv read since the point 2 years ago when the paper had nothing but articles about the juveniles. Looks like the juveniles that were such a pain then grew up a little, I guess this is the new angel of oppression.


posted by Darcie Martin on 11/06/09 at 9:55 AM

You are VERY wrong! The City of Newburgh has a very comprehensive noise ordinance in it's code chapter 212 which was ammended on 10/10/2000 to read, "No person shall, with intent to cause public inconvenience, annoyance or alarm, or recklessly create a risk thereof, make any unreasonable noise". There are a total of eleven sections to thier noise ordinance. You can see for yourself at the eCode360.com website at this address:
http://www.ecode360.com/?custId=NE1082
I look forward to hearing ALL points of view at tomorrow night's hearing.


posted by Gerry Wagner on 11/07/09 at 11:11 PM

To the Town of Cornwall,

Thank you for a nice turn out at the Town Hall meeting held on November 9th. Our voices were heard about our feelings against the Noise Ordinance.
However, we need EVERYONES support in it not to be passed. While I feel for Mr. Wagner and his unfortunate situation, this law is too subjective in its wording. As it is stated the law would prohibit ?noise that a reasonable person of normal sensitivities would not tolerate.? Who determines who is a reasonable person? What is normal sensitivities? I enjoy my music level at 10, my wife likes 5. Will my dogs barking at 7am before we head out to work be beyond someone's tolerance? How can I shovel or snow blow my driveway before I need to get to work? I get the feeling from attending this meeting our town board officials have already made up their minds. This law is going to be passed. I urge you all to speak out against it.

Domenic Baiocco


posted by d Baiocco on 11/09/09 at 9:55 PM

I agree that tonight served the community well no matter what your position on the ordinance. I support many of the concerns stated and am pleased that I was enlightened to many concerns from local business people. I hope, in turn, that those opposed see my efforts only as well intended. I want what is best for Cornwall and I am willing to live with whatever the majority of residents, and ultimately the Board, decide.
I don't agree that the passing of this ordinance is in any way predetermined...especiallyafter tonight. Those opposing came out in force and many expressed solid concerns that I know the Board will consider.
Tonight's meeting was Cornwall at it's BEST no matter what your viewpoint.
THANKS to all!


posted by Gerry Wagner on 11/09/09 at 10:38 PM

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