Effort to Eliminate 'Noise' Warrant Article Defeated

During a public hearing this week on a selectmen-sponsored warrant article that would amend the current entertainment ordinance, one member of the board attempted to throw out the amendment after listening to many business owners and residents raise concerns about its impact on the economic core of Hampton Beach.

Selectman Phil Bean has been a frequent public opponent of the ordinance, and he said amending it isn't needed because he has "confidence that good neighbors" working together with business owners, law enforcement and the town can help maintain a courteous late-night entertainment volume in the beach's residential areas.

Bean also claimed the policy laid out by the warrant article — which would make 11 p.m. the hard cutoff for outdoor entertainment, as well as set the maximum exterior noise level at 75 decibels before 11 p.m. and 65 decibels between 11 p.m. and 1 a.m. — would put a "drain" on local police, open the town up to "litigation" and hurt local businesses if passed.

"It is a small kill zone for revenue in the summer," said Bean, who also said it's "telling" that Hampton Police Chief Jamie Sullivan has said that the policy is the board's decision and not something Sullivan has requested. "It is getting better... but it's inches and yards and not a hundred-yard game. It's eking it out."

Bean's motion failed Monday, as the other four members of the board voted in favor of pursuing an amendment to the warrant article.

The current entertainment ordinance was drastically altered in terms of its outdoor noise restrictions at the 2012 deliberative session after a year in which complaints about noise at a beach bar — Wally's Pub — revealed to selectmen that the policy was already flawed and difficult to enforce.

The 2012 petitioned warrant article "exacerbated" those issues, according to Selectmen Chairman Dick Nichols, because it amended the ordinance into an unenforceable policy that only applied to entertainment between midnight and 1 a.m.

Nichols said this year's proposed amendment attempts to give police an effective "tool" in the case that businesses and residents can't work through their potential conflicts over late-night entertainment noise. Conflicts of this nature occurred this year between Bernie's Beach Bar — an outdoor bar — and a nearby motel. 

Several business owners spoke out Monday against the new amendment because they feel it'll punish businesses that have never had a noise complaint. Individuals representing the Sea Ketch said the new measures will be unjust and could potentially force their indoor entertainment to be shut down an hour early, robbing them of roughly 60 hours of business over the course of July and August.

Nichols said that wouldn't be the case, though, due to the fact that the town isn't seeking to "proactively enforce these limits." He said the focus would instead be on "respond[ing] to complaints" and giving police clear-cut and enforceable limits should a complaint arise, which he said would prevent the ordinance from impeding all businesses that are "respecting" their neighbors and keeping noise below the decibel limits.

"We’re purposely creating a gray area because we’re not trying to create problems where there isn’t a problem by going out and proactively enforcing it," said Nichols, who also stated Monday that acoustic guitar playing — which is common at Bernie's and other establishments around and after 11 p.m. — likely wouldn't exceed the ordinance's volume limits. "We’re trying to be pragmatic about it."

One woman voiced support for the ordinance amendment Monday, stating it would give Hampton "responsible" and "reasonable noise control," although the majority of individuals expressed displeasure for the proposal.

Many echoed sentiments of the Sea Ketch, while others warned selectmen that they feel the ordinance could put certain businesses at a disadvantage and buck some of the positive transformations taking place at Hampton Beach.

"Tourists want entertainment," said Hampton Area Chamber of Commerce President Doc Noel. "It's the No. 1 thing they look for at Hampton Beach.

"Personally, I see nobody complaining at all. It's a short season. It's what they pay for... Without those businesses there would be no Hampton Beach that would be more than a beach by itself."
 
Sullivan said that in his time in Hampton there's only been one documented citizen petition — the one involving Wally's Pub — that requested selectmen evaluate and/or revoke a business' entertainment license due to noise issues.

While most of the complaints voiced by certain members of the public in recent years haven't risen to that level, some selectmen say the complaints do exist that they've received too many complaints not to pursue an entertainment ordinance amendment that would allow the town to get a better handle on any issues that arise.

"I am not in the least bit position [sic] to back off from this warrant article," said Pierce.