The Alexander City Council has approved an ordinance which
specifies how much “Noise” is allowed in the city and when
everyone must be quiet. A zoning change was also approved which will
allow nine more apartments to be built in the old part of town.
The “Noise Control
Ordinance” recognizes that, “[E]xcessive sound and vibration are
a serious hazard to the public health and welfare, safety, and the
quality of life.” The ordinance also affirms that, “[P]eople have
a right to and should be ensured an environment free from excessive
sound and vibration that may jeopardize their health or welfare, or
degrade the quality of life.”
The new ordinance
establishes times when it is, “[U]nlawful for any person to
willfully make, continue, or cause to be made or continued, any loud
and raucous noise.” Raucous is described as, “[A]ny sound which,
because of its volume level, duration and character, annoys,
disturbs, injures or endangers the comfort, health, peace or safety
of reasonable persons of ordinary sensibilities.” Quiet time is
established as, “10 pm to 6 am Sunday through Thursday and 6 am to
midnight Friday and Saturday.”
Noise violations, or
requirements to restrict noise, covered in this ordinance include,
“[T]he exhaust of any steam engine or stationary internal
combustion engine except through a muffler or other device which will
effectively prevent loud and disturbing noises,” “Every motor
vehicle shall at all times, be equipped with factory-installed
muffler or one duplicating factory specifications, in good working
order and in constant operation,” “The creation or emission of
engine of [sic] exhaust noise through the use of “Jake Brakes” or
other similar engine compression retarding device …” “The use
or operation of a radio, television, boombox, stereo, musical
instrument, or similar device that produces or reproduces sound in a
manner that is plainly audible to any person other than the player(s)
or operator(s) of the device, and those who are voluntarily listening
to the sound …” “Using, operating or permitting to be played
any radio, music player, or audio system in a motor vehicle which
produces or reproduces sound in such a manner as to cause a loud and
disturbing noise which plainly audible to persons other than the
occupants of said vehicle.”
While discussing the
ordinance Mayor Paul Mitchell said the loud music from cars isn’t
bad. “They keep moving,” he said. It’s the loud music from
houses. “They don’t move.”
The ordinance also
defines who may be responsible for, and subsequently charged with,
violating the ordinance. “Any person, owner, agent, or supervisor
in charge of operating, ordering, directing or allowing the operation
or activity creating noise shall be guilty of a violation of this
article and subject to the penalties.” If found guilty of violating
any portion of this ordinance, “[A] penalty of not less than one
hundred dollars ($100.00) plus court costs and not more than five
hundred dollars ($500.00) plus court costs,” may be levied.
Mitchell pointed out
this ordinance request came from the police department. When handling
loud noise complaints the officers would like something on the books
they can take to court.
A
long-time vacant lot along Main Street will be vacant no more. Thanks
to a zoning change, approved by the Alexander City Council,
construction will begin as soon as possible on nine two-bedroom
apartments to be located in two separate buildings.
The lot
at the northeast corner of East 2nd Street and Main
Street, along with the rest of that block, was zoned for
single-family site-built homes, site-built duplexes and all types of
factory-built housing. Only the zoning for the vacant lot was changed
to allow for the construction of multi-family housing units
(apartments).
Prior
to the council’s vote on the zoning change Planning Commission
Chairman Michael Huck gave a report on the public hearing held June
9. Huck said despite giving all legally required notification to
local property owners, residents and the general public no one
attended in opposition to, or support of the zoning change.
Huck
said the planning commission held its regular meeting following the
public hearing. It was at that meeting the planning commissioners
voted to recommend the council approve the zoning change.
Also
at the June 15 meeting;
Mayor
Mitchell spoke of the recent shooting and death of Officer Scott
Hutton. Mitchell said he would like to have a memorial of some type
established in the city. Council Member Juanita Wilson said her
pastor is working on a plaque to present to the city.
Officer
Hutton died Wednesday, June 3 in what is currently being referred to
as, “an accidental shooting by a fellow officer.” The incident
occurred on Evergreen Drive and was being investigated by the state
police. The Saline County prosecuting attorney will decide if charges
will be filed against the as-yet unnamed officer. The officer has
been placed on paid administrative leave.
The
council approved giving city hall staff the authority to refund park
rental fees in the event of an emergency. The emergency can be an
event that makes park facilities unusable, such as a flood or the
current CoVid-19 pandemic, or the individual renting the facilities
is unable to proceed with the planned event. Until now only the
deposit has been refundable.
The
next meeting of the Alexander City Council will be held Monday, July
20 at 6:00 PM in the courtroom at city hall. The public is invited to
attend.