Ordinance Considered—

Citizens And Police Working To Quell Noise Disturbance

By John Voket

(Editor’s note: The Sandy Hook couple featured in this story has asked that their real names not be used.).

On weekend mornings, John and Mary Smith enjoyed the imperturbable nature of their secluded yard more than almost anything. But all too often, their serenity is violently shattered by the growling thunder of passing motorcycles.

“When there’s one accelerating, it’s like a jet taking off,” commented Mr Smith. “But by my unofficial count one [recent] weekend, we had over 500 motorcycles a day go past here!”

Mr Smith became so upset by the window rattling cacophony, that at times he entertained the thought of putting his home on the market. But instead, he and his wife quietly began circulating a petition around their Sandy Hook neighborhood calling for stronger municipal action against those who would steal away the peace of their suburban existence.

“It was ironic that when we went to the Sandy Hook Farmers’ Market to get signatures, the first woman that we ran into said she wouldn’t sign because her son owned a motorcycle dealership,” said Ms Smith. “But after that everybody signed. We got more than 30 signatures in an hour.”

But while the Smiths were gearing up for their petition drive, Newtown Police Chief Michael Kehoe was busy at work, acting on an increasing number of noise complaints coming from all corners of the community.

“We’ve been answering complaints down on Route 34, in Hawleyville…it’s a problem all over town,” Chief Kehoe said.

He announced Monday that the department was committing two officers to begin training on the equipment and implementation of the state statutes related to noise disturbance. The move, according to Chief Kehoe, is in anticipation of adopting a townwide noise ordinance at some point in the near future.

“I’m reviewing Brookfield’s noise ordinance today, in consideration of proposing a similar version for Newtown,” he said. “We’ll be sending officers for training, probably along with some Brookfield officers, on how to conduct the field testing.”

First Selectman Herbert Rosenthal responded to complaints lodged by the Smiths, but he said their concerns are just the latest in a long lineage of complainants who have been at odds against motorcycle and All Terrain Vehicles (ATVs) and the noise they emit.

“I’ve been hearing complaints about the noisy motorcycles on our roads, and ATVs in town and even here in the borough for years,” Mr Rosenthal said.

Mr Rosenthal recalled the Borough Board of Burgesses attempting to enact a noise ordinance several years ago, but the ordinance was defeated when it failed to pass state Department of Environmental Protection approval. He said when proposed ordinance attempts to regulate noise levels beyond the scope of motor vehicles, it is the state agency that plays a pivotal role in the approval process.

The Smiths were thrilled that town officials were reacting to the issue, but vowed to continue their petition drive in hopes of presenting the documents at a future selectmen’s meeting. Mr Smith believes it would only improve the chances of an ordinance being passed, if there was an official record of widespread community support.

“The only problem the petition process presents is trying to connect with residents door to door,” Ms Smith said. She hopes that some town business owners in high traffic locations, who share her concerns about the local noise issue, will consider hosting the petition drive.

In the cover letter accompanying the petitions they have already circulated, the Smiths write, “We have every right to sit in our yards on a nice day or evening without the roar from those cyclists who defy the law.”

The note goes on to say the couple has no issue with motorcycle riders whose equipment is within the scope of motor vehicle laws, “ …only those that emit ear-splitting noise.” Ms Smith, who admits she has a medical sensitivity to loud noise, says she is indirectly hoping to benefit operators, as well as the citizens subject to the noise their bikes and other motor vehicles emit.

“All these riders are going to end up with ear problems,” she said. “And anyone with hearing loss attributed to loud noise is going to spend the rest of their lives with a constant ringing in the ears.”

On the evening of the Smiths’ interview, a worker was pushing a lawn mower around their yard off Walnut Tree Hill Road. Suddenly the roar of passing motorcycles all but drowned out the sound of the lawnmower. Although Mr Smith’s contention that certain motorcycles sound like a jet taking off, federal noise standards actually classify a jet takeoff at 140 decibels, the standard measurement of sound level.

Motorcycles, on average, put out a level of 90 decibels.

According to the National Institute on Deafness and Other Communication Disorders, constant or repeated exposure to sounds of 90 decibels or higher can lead to hearing loss, and exposure to loud sounds is responsible for hearing impairment in approximately 10 million of the nearly 30 million people with hearing loss in the United States, and an additional 30 million people are exposed to dangerous noise levels on a daily basis.

Despite the broad range of evidence pointing to noise as both a public health threat, and a quality of life concern across the state and nation, Chief Kehoe is still not completely convinced that adopting a community noise ordinance will solve the problem.

“There are already state statutes and regulations we can apply, Newtown doesn’t need an ordinance to apply the state law,” he said. “Unfortunately, up to now those laws and statutes are difficult to apply.”

The chief explained that in communities like neighboring Brookfield and Ridgefield, such ordinances require certain police or municipal agents to have extensive training and the necessary equipment to enforce the law.

“You need a decibel meter for certain requirements to be determined, as well as the training,” he said.

The chief believes the answer may lie, not with the many individual municipalities, but with the state legislature.

“To me it’s a statewide issue,” he said. “The likelihood of successful enforcement won’t be as high unless all departments across the state apply the same standards.”

Chief Kehoe suggested a plan similar to when the state began aggressively enforcing overweight truck statutes. “Perhaps a task force or a group more interested in enforcing the [noise] laws should be formed,” said Chief Kehoe. “We really need a lead state agency to focus on the problem.”

Responding to the suggestion that Newtown officers, once trained, establish aggressive motorcycle safety and noise checkpoints, the chief said the practice might very well create a word of mouth reputation that motorcyclists should avoid the community if their equipment has been altered to create noise. “But that would also transfer the problem to other communities in the area without enforcement standards or an ordinance — and I wouldn’t want to do that to our brother and sister officers,” he said.

To illustrate the challenge of enforcing noise ordinances, from the street-level patrol officer through the courts, Chief Kehoe provided a copy of state statutes related to vehicle noise. The eight-page guidelines provide definitions, allowable noise levels in decibels for streets and highways, during the day or evening, tolerance, instrumentation, measuring practice standards, and procedures.

“Enforcing this is not a simple practice,” he lamented.

The Federal Environmental Protection Agency offers a model community noise ordinance that is 57 pages in length. In comparison, the Brookfield ordinance upon which Newtown will reportedly base its ordinance was enacted approximately three years ago and is only five pages.

That document defines several different zones in the community subject to noise levels, stipulates specific emission points, from alarms to lawn care equipment, and what decibel levels exceed the community standards in those zones. All motor vehicles are held to the state standards, while sound amplifying equipment, whether on private premises or in vehicles, are subject to a 55-decibel maximum in residential zones by day, and 45 decibels in the evening.

Fines for violations in Brookfield amount to $25 for the first violation, $50 for the second (within 30 days of the first), and $75 for any subsequent violation within the same 30 days. While this may not seem like much of a penalty to some, the Smiths believe that active regulatory enforcement of both noise and equipment guidelines should be accompanied by an education campaign combining information about the potential health affects of noise with a call for common courtesy.

“There are federal regulations providing for standard mufflers on all motorcycles sold in America,” Mr Smith said. “But all these noisy bikes are being outfitted with equipment designed for use on a closed course, not Newtown neighborhoods. By my estimation, nearly half of the motorcycles driving by our home are in equipment violation.”

For further information about noise statutes and enforcement practices, including links to government and health-related sites, visit the nonprofit Noise Pollution Clearinghouse at www.nonoise.org.