The Jay Town Board is seeking formal public input on a proposed noise ordinance. It’s already gotten plenty of informal feedback on social media.

A public hearing on the proposed revision to the town’s existing noise ordinance is slated for 6 p.m. Wednesday at the town Community Center in AuSable Forks.

“The new noise ordinance is only a draft that is in response to several people over the past couple of years requesting the town board to take a look at our current noise ordinance,” Jay town Supervisor Archie Depo said in an email.

When a copy of the proposal reached social media, it received some backlash from residents who felt the regulations would go too far to restrict noise.

“I understand the purpose of an ordinance but some things outlined are plainly out of line, for example, you will not be able to mow your lawn after 7pm on a weekday? Seriously? Also, no construction of anything on a weekend,” wrote AuSable Forks resident Billy Joyal, whose Facebook post about the ordinance had garnered 123 comments and 180 shares by Monday. “How about the contractors who work 6-7 days a week to make a living to support their families? Especially when it doesn’t get dark until 9pm during summer hours.

“This whole thing is insane,” he added.

Depo said based on his conversations with local business owners who have also expressed concern about the proposal, he believes “there’s a lot to discuss.”

“That’s why I asked the public to come and voice their opinions at the public hearing,” he said.

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Details

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If adopted, the updated noise ordinance would put in place specific standards for what constitutes “unreasonable” noise. Those standards include the restriction of some types of noises, such as construction or business deliveries, between the hours of 8 p.m. and 7 a.m. Construction would be outlawed at any time on the weekends or on holidays.

Under the law, residents would also not be allowed to own or possess an animal or bird that’s noisy for an extended period of time. Vehicle owners would not be allowed to drive a car that’s in such bad shape that it makes a lot of noise, allow their tires to squeal, or let their car alarm go off for more than 10 minutes. Residents wouldn’t be allowed to watch television, or play an instrument, the radio or use anything that plays music if it creates “unreasonable noise.”

Unreasonable noise is defined in the proposed law as any sound that “by reason of its duration, intensity, tone or by the hour of the day” interferes with “the quiet enjoyment and repose” of a neighboring property to the degree that it’s “injurious to human health or welfare, or which would cause annoyance to a reasonable person of normal sensitivities.” For neighboring residential properties and apartments, evidence of an unreasonable noise under the law would generally include, at certain times, sounds above 55 decibels — close to noise from an air conditioner or a conversation, according to the U.S. Centers for Disease Control and Prevention. For commercial properties, that threshold would be more than 75 decibels — somewhere between the sound of a washing machine and city traffic — between 7 a.m. and 8 p.m.

Anyone who makes noise deemed “plainly audible and unreasonable” in violation of the law would face a fine of up to $1,000 or up to 15 days in jail for the first offense. For the second offense, the fine would be up to $2,000, or the same jail term. A third violation would result in a fine of up to $3,000 or up to 15 days in jail, plus the cost of an investigation into the offense and subsequent prosecution.

A variety of noises would be exempt, such as church bells and chimes, sound created by government entities or spurred by school events or other permitted events, or noise from snowblowers, among others.

The above regulations are generally standard for a local noise ordinance. The town of Jay’s proposed ordinance mirrors a noise ordinance revised by the Plattsburgh Common Council in that city this past March, though the town’s law would be less restrictive than the city’s and the town’s fines would be much higher. In the city, the fine for a person’s first offense is “not less than $250,” and a second offense is subject to a fine of $500.

The town’s noise ordinance, like the city’s, would primarily be enforced by the code enforcement officer. Law enforcement agencies like the New York State Police would also have the authority to enforce the ordinance.

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Residents call for revisions

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The proposed update to the town’s noise ordinance was spurred by a group of residents from AuSable Acres, who suggested more than two years ago that the town board look at revising what they considered to be an outdated ordinance.

Knut Sauer, a new Jay town councilman and vice president of the AuSable Acres Property Owners Association, said the suggestion stemmed from a few sporadic noise complaints related to dogs, heavy construction or noise from short-term vacation rentals.

“People in the community think this is a whole new thing,” he said Monday. “There is a 1991 noise ordinance, which is extremely poorly written. It’s pretty much impossible to enforce. When we looked at it a couple of years ago with AuSable Acres, we pointed out to the town board that the noise ordinance can’t be enforced.”

Sauer said he was told the town had considered revising the ordinance in the past, but revisions were never voted on.

“I’m in favor of a common-sense noise ordinance that does not restrict our businesses from operating, but provides common-sense respect for your neighbors,” he said. “I also think it’s important that once the Airbnb problem gets bigger, we have a noise ordinance in place that may be enforceable.”

Depo said that in meetings with local business owners, he has assured them that he would not support “any ordinance that was going to hurt businesses.”

“I think the town is not trying to encumber or restrict anybody,” Sauer said. “It’s just like any other ‘respect your neighbors’ kind of thing. It’s not to restrict nor hamper any businesses.

“The town board is just presenting a proposal. We haven’t made a decision on it at all. We are presenting it to the public. They can let us know their thoughts about the noise ordinance and ideas of what the regulations should be.”