Smithfield council amends noise ordinance to add presumption language and clarify enforcement

The Town of Smithfield council approved amendments to the local noise ordinance intended to improve enforceability and clarify language.

The town manager explained the changes and said officers had reported difficulty prosecuting loud-noise complaints when officers did not witness the violation. To address that problem, the proposed amendment adds a presumption/prosecution provision similar to one previously used in Clayton, allowing officers to issue summonses in certain circumstances without having personally witnessed the violation. The manager said the change is intended to "allow us to file charges in certain situations where we wouldn't be able to currently without a police officer witnessing the violation."

The redlined draft also corrects a typographical error under item 6 and adjusts nighttime-related language; council members discussed whether the ordinance should define "nighttime" if that term is not used elsewhere. The manager said the town would rely on the police department to use common sense and to develop an internal warning policy; he said officers would still be expected to warn violators in most cases before issuing penalties.

Council members asked about enforcement against loud vehicles and how many contacts would be required. The manager and the town attorney explained officers retain the ability to enforce any violation they personally witness and that the new language would enable charging in additional cases; fines in the ordinance are set at $50 per violation for the posture described in the packet.

A council member moved to approve the changes as written; the motion was seconded and passed by voice vote. The council directed staff to adopt internal police guidance to emphasize warnings when appropriate and to bring any needed clarifications back to the council.