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Council to send formal letter on noise complaint; debate continues over adopting a quantified noise ordinance

Swisher City Council · November 11, 2024
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Summary

After reviewing other cities' codes and legal advice, Swisher council voted to send a formal letter documenting a resident's noise complaint and existing ordinance language, while keeping open whether to adopt a time-based or decibel-based noise ordinance in the future.

Swisher's City Council on Nov. 11 agreed to send a formal letter to a homeowner documenting a recently filed noise complaint and explaining the city's current ordinance language, after staff reviewed neighboring cities' noise codes and legal counsel recommended documentation.

Staff said cities nearby have a range of approaches: some use vague nuisance language, while larger communities maintain a specific chapter devoted to noise control with decibel limits. The city attorney advised that sending a letter is the appropriate procedural step now because without a documented complaint the city lacks the legal foundation for future enforcement.

The sheriff's representative confirmed deputies do not routinely carry decibel meters in patrol cars and that the county or a designated inspection service often provides quantitative testing for industrial complaints. "We don't have a way to quantify the decibels in the Sheriff's Office right now," the sheriff's representative said.

Several council members said that while the town's current code contains a vague prohibition on "loud, unusual and unnecessary" noises, that language is subjective. One councilor said that if the city chose to adopt a new ordinance it should include specific hours (for example, night-time quiet hours) because time windows are easier for deputies to enforce than decibel thresholds without equipment.

The council moved and carried a motion to send the formal letter that documents the complaint and cites chapter 165 (home occupations) and the current nuisance language so there is a record for any future enforcement or hearings.

Next steps: staff will prepare and send the letter to the homeowner, and council directed staff to continue researching model noise ordinances and enforcement mechanisms for possible future action.