What's That Sound? East Lyme Passes Noise Ordinance

Before last night's Board of Selectmen's meeting in East Lyme, a number of board members were on the fence about a proposed noise ordinance for the town. Last night, however, it was time to put up or shut up and—though it was close—the ayes had it. 

The ordinance makes any noise above 55 decibels during the day and 45 decibels at night a violation, punishable by a fine of $90 per offense.

Police officers will have access to a decibel meter to assess noise complaints and fines will be levied based on state statutes regarding violations of town ordinances, payable to the state's centralized infractions bureau. Tickets could be appealed through the court system, in the same way that traffic tickets are.  

Exemptions include domestic power equipment, such as power saws or lawn mowers during daytime hours, natural phenomenon, chimes, bells, or emergency sirens, farming equipment, demolition equipment, aircraft noise or train horns. Noise from legally permitted recreational activities, such as fireworks displays, concerts, parades, or sporting events, are also exempt.  

How The Vote Went

Given that the board spent so much time debating the issue and that the town paid thousands to post the legal notice required to publicize the ordinance, First Selectman Paul Formica said he was in favor of it.

"This will give our [police department] another level of control over people who are unreasonable," he said. 

Selectwoman Holly Cheeseman, who was the only naysayer, said she opposed the ordinance because there were already a number of state laws in place to deal with such disturbances. If all else has failed, she said, "I feel an additional ordinance will not stop someone who is determined to make noise."  
 
Deputy First Selectman Mark Nickerson opted out of the vote. He had done some homework into the kind of noise levels the ordinance would deem too high and, though the wording mirrors that of ordinances adopted by other town, Nickerson's research found that lawn mowers and household vacuums make more noise than the town's proposed ordinance would deem permissible.  

"My concern is the 55 decibel level might be too low," he said. "I can't vote against it. This testimony [from the public hearings] was compelling. But I can't vote for this either. I'm going to abstain." 

A Law Enforcement Perspective 

As resident state trooper for the town of Salem, East Lyme Selectman Kevin Seery entered the debate with a law enforcement point of view. "I deal with this type of issue all the time," he said. "I want to make sure we're not passing a 'feel good' ordinance. I don't want people thinking this will stop [the problem]."

He noted that people who testified at the public hearing had a variety of complaints, including wind chimes that kept them up at night, that would never register on a decibel meter.

However, Seery voted in favor of the ordinance based on the fact that East Lyme Resident State Trooper Sgt. Wilfred Blanchette said "it does give them one more option."

In a letter to the board, Blanchette wrote that after reviewing the proposed ordinance, he would endorse it as long as it could be enforced as a violation of a town ordinance as specified by state statute and not as a "noise ticket" issued by the town to be adjudicated on local level. 

Seery said he would like to revisit the issue in a year's time to see how often police invoked the ordinance to determine whether it made a difference. Cheeseman concurred with that.

The fact that the Waterford Police Department is willing to give East Lyme use of its decibel meter because no officer in Waterford has ever used it may speak volumes. 

The ordinance is set to take effect on May 15. In the interim, East Lyme Police Officers will be trained in the use of the decibel meter. Waterford has agreed to let the town use its decibel meter as long as East Lyme pays the $291 cost to recalibrate it on an annual basis.