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General News: Noise Ordinance Hearing Draws Crowd
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| County legislator Alan Seidman spoke in favor of common sense and a noise ordinance. |
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| Kerry Dempsey said the proposed law could unfairly limit children's activities. |
November 10, 2009
One of the largest crowds in recent years attended a public hearing in the town of Cornwall on Monday night to express their opinions about a proposed noise ordinance.
At least 35 people packed the room, many of them concerned that the proposed law would limit their ability to perform routine activities. Others spoke in favor of the measure, saying that although they wished that common sense and mutual respect would be enough to silence noisy neighbors, it is not always the case.
Hours of Restricted Noise Questioned
Many in the audience criticized the hours when noise would be regulated in the proposed ordinance – from 8 p.m. to 7 a.m. Several people said they often have to get their snow blowers working early in the morning if they want to get to work on time. Others said that in the summer, people who work late may want to take advantage of the long daylight hours to mow their lawns after 8 p.m.
Kerry Dempsey and Eleanor Panzanaro, both mothers, said they were concerned that the noise ordinance could be used to keep their children from playing outside, especially in the summer when it stays light after 8 p.m.
Cornwall town supervisor Kevin Quigley has indicated that the council would likely change the hours when noise would be restricted after hearing from town residents.
Some Residents Want Protection from Noisy Neighbors
Roy Abraham, an apartment dweller, said he is a big believer in constitutional rights but that he sees the benefit of a noise ordinance. “I live in an very bad situation, underneath the neighbor from hell on the upper floor,” Abraham told the town council. “I have called the police many times who say there is nothing they can do.”
Gerry Wagner, who initiated the push for a noise ordinance after his year-long struggle with a noisy neighbor who turned his life upside, spoke in favor of the proposed law. He said that he was glad that people pointed out how some activities should be exempted from the law but said that he believed it was necessary to have a law on the books regulating noise “so that no one will have to go through what my wife and I went through.”
Is Noise Subjective?
Several residents said that the proposed law is too subjective because it calls for a “reasonable” sound level rather than one that can be measured by a decibel level. Town attorney Stephen Gaba said that the courts have recognized the “reasonable” standard and that judges can make that decision after weighing the evidence. He said that the decibel level is much harder for a police officer to determine because there is often ambient noise that interferes with a reading.
Whether they spoke against or in favor of the ordinance many people shared the feeling that it is unfortunate that people can’t just show some common courtesy to one another, rather than impose restrictions on their neighbors. Richard Robertson was one of those who came to the meeting only to ask what happened to mutual respect. “I can’t believe we are here,” Robertson said. “What happened to love thy neighbor? I guess it is out the window.”
After listening for more than an hour, the town council closed the hearing and supervisor Quigley said the councilmen would consider the public’s input before moving ahead with its proposed noise ordinance.
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