Excessive noise outlawed in Alexander, zoning change approved

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 2^nd 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.