In East Lyme, Sound And Fury Signifies Nothing ... Yet

Last night's public hearing on a proposed noise ordinance for East Lyme brought a good number of people out to testify, in more or less equal numbers for and against.

Those in favor of the proposal seemed to be suffering chiefly from neighbors who enjoy riding ATVs. Those against the proposal spoke in more general terms about being opposed to additional regulations of any kind. 

East Lyme resident Mark Butterfield said that, while he wasn't opposed to the regulation, he questioned whether the wording of the ordinance might conflict with state statutes because it appeared to set decibel levels lower than existing law. His fear was that, if passed, the ordinance would leave the town open to costly lawsuits appealing it.

The town attorney noted that the section in question related to noises coming from a vehicle—loud stereo systems, for instance—and not to the engine noise itself. He added that the proposed ordinance is largely cut and pasted from existing ordinances in other Connecticut towns that have yet to be challenged in court. Still, the Board of Selectmen asked for additional clarification, just to be sure.

Another man pointed out that, when it comes to dirt bikes and ATVs, the state offers precious few places for people to ride. His hobby is racing off-road motorcycles and he has an obstacle course set up on his property in East Lyme, which is the only place he has to practice. His neighbors don't mind, he said, in fact they often come out to watch him. However, he said, if someone moved in who objected, the proposed ordinance would make it impossible for him to ride.

Would Existing Laws Suffice?

There was some debate about the effectiveness of decibel meters and even more debate about whether East Lyme Police were effectively enforcing existing laws, such as breach of peace or creating a public disturbance, both of which specifically cite "unreasonable noise" as cause for arrest.

East Lyme Selectman Kevin Seery, resident state trooper for Salem, said he felt the existing laws, if prosecuted, would suffice. He also noted that the Waterford Police Department has a decibel meter that it would be happy to share with East Lyme once officers were trained to use the equipment. 

A number of residents expressed frustration that, when they did call police, they were told there was nothing the officer could do about it. Their complaints ranged from loud windchimes that kept them up at night to high-pitched whines coming from air-conditioning units in a neighboring light industrial zone.

"I believe I've explored every avenue and I've been unsuccessful," said one man who, for the past four years, has been battling with a neighbor who likes to ride ATVs and shoot high powered rifles in his backyard. "I believe the town has to set some standard."

The Board of Selectmen noted that, for a number of years now, people had requested the town pass a noise ordinance to help them address such issues. This is as close as they've ever come to passing an ordinance, and they're doing it with a view to giving law enforcement an additional tool to combat the problem.

They still stopped short of taking action on the issue, however. After hearing testimony from an East Lyme Police Officer who said he also felt existing laws would adequately address the problem, the selectmen said they wanted East Lyme's Resident State Trooper Sgt. Wilfred Blanchette to weigh in on the issue before they rendered a decision.