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Middletown commission narrows waterfront hours, affirms refuse-collection exemption after residents’ complaints

Middletown Public Safety Commission · July 15, 2024
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Summary

After residents reported early-morning trash pickups and loud waterfront music, the Middletown Public Safety Commission amended a proposed noise ordinance to specify waterfront venue hours (11 p.m. Sunday–Thursday; midnight Friday–Saturday) and retained a refuse-collection exemption allowing collections between 4 a.m. and 8 p.m., then voted to forward the measure to the General Code Committee.

The Middletown Public Safety Commission voted July 15 to amend a proposed noise ordinance after residents raised repeated complaints about early-morning trash pickups and loud waterfront entertainment.

Residents who spoke during the public-hearing portion urged stronger enforcement and earlier cutoffs. “Multiple different trash companies picking up starting at 03:13 and continuing through 07:30 in the morning, 6 days a week, just outside my apartment,” said Charles Davies of 138 College Street, who offered to provide timestamped photographs. Several others described music so loud it made house walls vibrate; Janet Ellsworth, who said she has lived near the river for 36 years, recounted a past boating fatality and urged respect for neighbors across the river.

The chief of police, Eric Costa, told the commission the draft ordinance is structured around ‘‘permitted use’’ for special events, which are often authorized through permits from the mayor’s office or as part of a concert series. Costa also explained that the draft includes an explicit exemption for ‘‘noise created by refuse, recycling and other solid waste collection’’ when those activities occur between 4 a.m. and 8 p.m.

That exemption prompted debate. Some residents and commissioners questioned whether private haulers—who can operate outside municipal contracts—are distinguishable from unionized sanitation crews (municipal crews commonly start at 4 a.m., witnesses said). Commissioners noted the city’s union contract sets start times for municipal sanitation, and the commission asked city attorneys and public works to clarify enforcement options for private haulers.

The commission also refined times for a small set of waterfront properties listed in the ordinance: the amended text sets amplified-music limits at those parcels to 11 p.m. Sunday through Thursday (to include Sunday) and midnight on Friday and Saturday. The chair said commissioners favored keeping consistent weekday limits so enforcement is clearer to businesses, permit-holders and officers.

After discussion, the commission moved, seconded and voted to accept the ordinance as amended and forward it to the General Code Committee for further review and, if approved there, to the Common Council. The chair said the discussion and public input would be part of the commission’s recommendation.

Commissioners and the chief emphasized next steps are administrative and legal: distinguishing private haulers from municipal sanitation operations, checking union-contract constraints, and having public works and the city attorney advise on statutory or contractual limits before the council takes final action.

The commission also agreed to monitor complaints and said the police can deploy calibrated sound meters to investigate specific nuisance complaints as warranted. Residents were told the city will follow up and that additional changes could be proposed once public works and counsel provide guidance.

The matter was forwarded to the General Code Committee to continue the ordinance-review process.