Hope considers its first-ever ‘noise ordinance’

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HOPE – Hope Town Council members will consider a number of new regulations for Hope residents when they meet at 5:30 p.m. May 17 at their meeting space at 404 Jackson St.

New ordinances and amendments that received preliminary first-reading approval in April will be up for final consideration.

For the first time in its history, the town is seeking to implement a noise ordinance. According to the proposed ordinance, it shall be a violation for a person to make or assist in making any noise tending to unreasonably disturb the peace and quiet of persons in the vicinity.

The ordinance does make an exception if the noise cannot be prevented and is necessary for the protection of property or a person’s well-being. However, it also states” it’s the duty of every owner, occupant, manager agent or operators of any property, animal, structure, vehicle or business to prevent persons using property under their control from violating this article.”

When council member Ohmer Miller learned the ordinance could include animals who excessively bark, howl, or cry, he asked town marshal Matt Tallent who defines what is annoying and what is not.

“It’s really up to the police officer if there is a violation,” Tallent said. “They can decide whether or not to write a citation. Officers have a lot of discretion.”

But normally, citations are only written up if the noise is unnecessary, the town marshal said.

The proposed noise ordinance includes cars or trucks with blaring stereos if the music is audible from at least 75 feet from the source. The same rule applies if you hit a horn or signal device of a motor vehicle when it’s not used as a danger signal.

The noise ordinance also applies to “the use of any vehicle that causes unreasonably excessive noise as the result of a defective or modified exhaust system, or as the result of unnecessary rapid acceleration, deceleration, revving the engine or tire squealing.”

Fines for each violation will be $100, Tallent said.

The marshal said he also wants to raise fees for violations of traffic and parking regulations from $25 to $100.

“It’s been $25 for some time, and we wanted to put a little more teeth in (the ordinance)” Tallent said.

However, violations involving a skateboard or bicycle would be limited to a maximum $50, he said.

Exemptions are allowed for holidays, celebrations, concerns, parades or other special events.

Mobile food vehicles

Another first for the town regards an ordinance specifically for mobile food vehicles.

Under the proposal, vendors must apply for an annual mobile food license with an application fee of $150. They must also have proof of general liability insurance of not less than $1 million per occurrence and $2 million aggregate at the time the application is filed.

The ordinance states that separate applications shall be required for each mobile food vehicle, and the town’s building and zoning administrator has 30 days to act on each request.

Weed ordinance

At this time, the town of Hope only bills for its actual costs when municipal crews have to mow an overgrown yard – and some think that’s a good deal.

However, if approved in May, the fine Hope residents pay for having the town cut their grass will grow exponentially.

Under the proposal, the town will only charge homeowners its costs during the first mowing. But if the town has to do it twice in a year, the fine rises to $100 in addition to costs.

And if they mow three times? That will result in a $200 fine in addition to costs. In addition, the town can also pursue a civil action in court that could require the landowner liable for any and all costs, including all attorney fees.

If the landowner fails to pay within 10 days, a certified copy of the statement of costs will be used to collect the amount due as taxes.

Vehicle storage

One proposed amendment brought up in April won’t be brought up again until revisions are made that satisfy the majority of the council members.

Originally, it stated that all commercial and recreational vehicles shall be owned and operated by residents of the property. It also sets a maximum of one vehicle for each property owner.

But Miller said the ordinance might adversely impact businesses such as Hope Hardwoods. Council member Clyde Compton said he feels the proposal could end up penalizing people who keep their residences in good shape, but would do nothing against getting rid of what he described as “the downed junk stuff.”

The ordinance will be revised to reflect the council’s concerns and be introduced at a later date, council members said.