The Times West Virginian

Opinion

September 1, 2010

New nuisance ordinance will give residents peace and quiet

For the Times West Virginian

FAIRMONT — We’ve all been there.

The neighbors are playing their music at a high volume. So high, in fact, that you can hear the lyrics as plainly as if the music were playing in your own home. It’s getting late, and you’ve got a long day ahead. The police are called, but they can do nothing because of ineffective laws that prohibit citations from being issued.

And while an occasional celebration that runs late into the night might be tolerable, residents whose neighbors frequently play loud music or partake in other excessively loud activities often are the unfortunate victims.

For those citizens living in unincorporated communities in Marion County, the problem is magnified because their towns don’t have police enforcement.

But a proposed county ordinance looks to alleviate that problem by creating a nuisance law that will allow law enforcement officials to invoke a penalty on anyone who creates “unreasonably loud, disturbing noises declared a nuisance.”

Marion County commissioners last week heard the first reading of the proposed ordinance that, if passed, will affect all unincorporated areas of the county, with the hours of enforcement set from 11 p.m. to 6 a.m. That means excessive noise and other nuisances will be prohibited between those hours.

The ordinance is a modified version of a previous law that was taken to court and beaten at least twice in the past. The new law contains what officials refer to as “relatively minor” changes, mainly addressing elements of the language, that they think will help it hold up in court. For example, a line leaving the discretion of the nuisance up to the police officer who delivers the citation was taken out, which had been the primary issue holding up the previous ordinance. Officials also added language stating that “loud disturbing noises are a public health and safety hazard and nuisance.”

“There is more than sufficient data out there to support the conclusion that excessive noise is a public health hazard,” said county attorney Chuck Shields, who drafted the new ordinance.

One change that wasn’t made was regarding decibel levels, which county officials agree are too difficult to mandate. As Commission President Randy Elliott pointed out, it can be tough to determine what decibel level is offensive to someone.

But the excessive noise is an issue that’s been plaguing parts of the county for years. Elliott explained that commissioners have fielded several complaints in the past few years from residents fed up with noise and other nuisances, so they decided to once again create a law to address the problem.

While we agree that sometimes there is reason to celebrate — a big win over a rival team can certainly invoke loud hoorays that otherwise might be a bit more restrained — we think the ordinance will be a great tool that can help residents finally achieve some peace and quiet.

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