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Benton adopts noise law |
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Tuesday, 12 June 2007 |
A new “noise” ordinance was among several items the Benton City Council enacted Monday night in a meeting at Benton Municipal Complex.
The ordinance, which was approved on all of its required three readings, is intended to control excessive noises within the city and repeals a 1991 ordinance that addressed the issue.
Eight of the nine aldermen present voted for the ordinance, with Alderman Larry Wolf casting the only “no” vote, among those present. Another negative vote was recorded because of the absence of Alderman Doug Stracener.
The ordinance addresses such things as engine exhaust; jake brakes; radios, televisions, boomboxes, phonographs, stereos, musical instruments and similar devices; motor vehicle radios, vehicle horns, signaling devices and similar sound devices; building construction or repair; between the hours of 10 p.m. and dawn Mondays-Saturdays, except in the case of urgent necessity in the interest of public health and safety as determined by the city inspector or code enforcement officers; animal and birds; loading and unloading; domestic power tools; and loudspeakers, amplifiers, public address systems and similar devices.
Several exceptions are noted in the ordinance. These include radios, sirens, horns and bells on police, fire and other emergency response vehicles; the testing of emergency tornado warning systems; public activities on or in municipal parks, school athletic facilities, sporting events, musical productions, parades or other activities with the approval of the mayor or the Benton City Council; excavation or emergency work repairs of bridges, streets, utilities or highways by or on behalf of the city, Saline County or the state during the night when the public welfare and convenience renders it impossible to perform such work during the day.
Other exceptions are sound trucks licensed under the provision of any revenue ordinance or city ordinance issued in connection with political rallies; fire alarms and burglar alarms; religious worship activities conducted in a permanent structure, including but not limited to bells, chimes and/or organs; the movement of aircraft conducted in accordance with applicable federal laws or regulations; locomotives and other railroad equipment; and fireworks displays within such hours and conditions as may be imposed by the issuance of the permit or discharging of fireworks as allowed by city ordinances.
The ordinance provides penalties for violators. Fines range from not less than $100 plus court costs to not more than $500.
Alderman Joe Richards, who supported the ordinance as well as a revised animal control ordinance that also addresses animal noises, said he wishes the fines were more severe — up to $1,000 to the shutting off of utilities for violations. He warned residents that they would “have to teach your dog not to bark” and otherwise comply with the ordinances.
“We’re gonna put our hands in your pockets,” Richards warned.
The third reading of the animal control ordinance was approved with no dissenting votes other than the one created by Stracener’s absence.
The new ordinance addresses cruelty issues; licensing and vaccinating dogs and cats; vicious animals; limits on pets except for breeders, veterinarians and rescue groups; wild animals; impoundment and reclaiming of animals; adoption; livestock and other matters.
A divided council rejected an ordinance that would have repealed a prior agreement between the city and Saline County regarding the development and financing of a consolidated 911 public safety communication center.
Alderman Charles Cunningham, who favors the consolidation of the services, pointed out that the council previously had decided “to wait to see how the Quorum Court resolves this issue” by asking county residents to vote for a tax to support the combined program.
“My concern is that until some action is taken, the situation hasn’t changed. We’re in status quo — the county has theirs, the city has theirs ... ,” he said.
Mayor Rick Holland, who has supported the city’s retaining its own system, encouraged the council to clarify its position on the issue.
When a vote was taken, the ordinance failed by a 6-4 vote.
Matt Brumley, who serves on the county Public Facilities Board, told the council that the Quorum Court plans to address the tax issue for the 911 service at its next meeting.
Brumley said it is his understanding that the court members plan to put the tax question on the November 2008 ballot.
In another matter, a proposed resolution declaring the city’s appreciation and support of the building and construction industry in the city was defeated.
Alderman Brad Moore had proposed passage of the resolution, reportedly in response to Alderman Joe Lee Richards’ recent comments that limits should be set on annexations and future growth in the city.
Several aldermen commended the building/construction industry, but said they could not support the resolution because it singles out only one group while many others contribute to the growth of the area.
“I believe growth is a collaborative effort,” Alderman Jerry Ponder said.
“How can you pick out certain folks ... when there are thousands more?” Alderman Steve Lee said. “I don’t think it’s fair. ... It looks like a rear-end kisser to me.”
Alderman Bill Donnor offered a similar comment, saying he would vote against the resolution because “I don’t want to leave anybody out.”
Alderman David Sparks also spoke against the resolution, saying, “They (building and construction industry people) don’t need this and we don’t need it.”
An ordinance adopting provisions for the location of manufactured housing in the city was tabled until a later meeting.
A public hearing will be scheduled in conjunction with the issue, Cunningham said.
Cunningham heads the council’s Community Services Committee, which deals with this issue.
The first reading of an ordinance adopting a stormwater management and drainage manual for the city was approved. The ordinance will be presented again for a vote at the next council meeting.
The council approved an ordinance amending the city’s personnel policy handbook.
Alderman David Sparks, who oversees the Streets Committee, recommended passage of a resolution authorizing $48,100 as compensation for damages to property owned by Dodd and Bambi Bowden at 2719 Salt Creek Road.
After lengthy discussion, the vote ended in a 5-5 tie, but Holland voted to pass the resolution.
State law gives the mayor the authority to vote to pass an issue when there is a tie vote.
Bowden said he was unable to rent the house on the property because he could not get liability insurance as a result of a street-widening project that placed the structure too close to the roadway.
Alderman Greg White said he could not understand how the property could have been damaged by the street work, a position supported by Lynn Moore, a former mayor, who spoke on the issue.
Bowden was asked whether the house was “habitable” before the street work was done, and he said it was.
“I appreciate anything y’all can do,” Bowden said. “It’s not the end of the world ... “ he said as arguments continued against possibility compensating him.
Lynn Moore called the situation “a pig in a poke if I ever heard one. I don’t think any damage was done.”
After the vote was taken, Dale Payne rushed to the podium and criticized the council for voting to compensate Bowden. The mayor called Payne out of order and ordered him to return to the audience.
At the start of the meeting, Teresa Beliew, executive director of Mothers Against Drunk Driving, spoke to the council.
Beliew commended the Benton Police Department for its vigilance in making DWI arrests.
She especially noted the local officers’ setting up DWI checkpoints over the Memorial Day weekend, during which 16 DWI arrests were made in this area.
She also commended the Benton High School “Every 15 Minutes” program that focused on drunk driving and involved Benton police and fire departments and Saline Memorial Hospital personnel.
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