Arcade amends noise ordinance to 9 p.m.; city attorney warns removing decibel standard would be unenforceable

Arcade, Ga. — The Arcade City Council voted unanimously July 14 to amend Chapter 30, Article II of the city code to change the noise-curfew cutoff from 11:00 p.m. to 9:00 p.m.

Council Member Ron Smith moved to approve the ordinance change; the motion was seconded by Council Member Cindy Bone and passed unanimously. The amendment replaces the specific time in Sec. 30-36 and does not, as written in the motion, remove the city’s numerical sound-level standard.

City Attorney Jody Campbell advised the council against eliminating the decibel-based standard used with a sound-level meter, saying the absence of an objective measurement would likely make enforcement "unenforceable due to needing an objective standard or you suffer a constitutional bench challenge." Campbell told the council she did not legally recommend removing the decibel device.

Smith raised the question of whether the city should stop using the sound-level meter and rely instead solely on time-of-day provisions; that prompted Campbell’s legal caution. The minutes record no amendment adopting a different enforcement mechanism, and the ordinance change approved was limited to the cutoff time.

The motion passed unanimously with all six members present voting in favor. No public commenters spoke on the issue during the meeting, and the council did not attach additional enforcement language or an implementation timetable in the recorded motion.

The council’s action takes effect as provided by city ordinance; the minutes do not specify an effective date beyond the recorded approval.