Noise ordinance causing a ruckus

One of the town’s noise ordinances is a problem for local businesses, Saratoga councilman Steve Wilcoxson said at the Oct. 8 town council meeting.

Ordinance 9.20.050 reads “no person shall between the hours of ten [10] p.m. and seven [7] a.m. maliciously or wilfully disturb the peace and quiet of any neighborhood or family within the town limits by loud or unusual noises or by tumultuous or offensive carriage, threatening, quarreling, challenging to fight or fighting.”

Wilxcoson believes ordinance needs to be altered to allow an exception for commercial and light industries. The councilman explained many of the businesses in downtown Saratoga are in violation of this ordinance. He cited the bars — including the Rustic, Duke’s and the Wolf Hotel — could potentially have noise complaints filed against them on a nightly basis.

“Through this, I would like to point out that the dances at the Rustic, Duke’s, any of them could have complaints against them. I don’t believe this was set up to encompass businesses, retail business or the heavy industry or the light industry,” Wilcoxson said.

The Saratoga Municipal Airport is also given an exception to the noise ordinance, according to Wilcoxson.

The issue was first addressed at the Sept. 16 town council meeting when Wilcoxson told the council he was approached by Todd Hughes, a local woodworker, who was given a citation for disturbing the peace. The citation was distributed after a complaint was filed.

However, Hughes said he can be given another citation for doing his work later at night.

At both the Sept. 16 and the Oct. 8 meeting, Wilcoxson said under this ordinance the Saratoga Forest Management could not establish a second shift.

John Konecny, owner of Konecny Bros. Lumber and Konecny Sisters Trucking, works alongside Saratoga Forest Management and spoke on both of their behalf at the meeting. Konecny said he was surprised to hear there was an ordinance prohibiting loud noise between 10 p.m. and 7 a.m. in the morning.

“I wasn’t aware there was a noise ordinance to be dealt with, and when I was talking with (Hughes), I got a little bit alarmed because we definitely want to plan on expanding to another shift — that was always part of the thought process,” Konecny said. “Even now, after reading the noise ordinance, we are breaking it every day.”

Konecny was unsure when the sawmill planned on creating a second shift.

If the council did allow noise exceptions for businesses and industries, the question of “how loud is too loud,” presents itself. Despite stating the council should show tolerance to businesses and industries on the noise ordinance, local resident Don Sherrod suggested to the council that a decibel level should be used to regulate the noise coming from these industries.

Resident Karl Smith had concerns about the long-term implications if industries and commercial businesses were exempt from the noise ordinance. Smith said this exemption could potentially attract noisier businesses to the town and encourage existing businesses to produce more (noise).

“If you can structure these ordinances so you can keep (businesses) from externalizing those costs and keep them inside the mill.”

Smith suggested businesses like the mill should have to keep their louder operations during the daytime hours, and ensure other businesses do not abuse a non-restrictive noise ordinance.

Zoning restrictions

Tom Thompson, Attorney for the town of Saratoga, said light industries already follow performance standards under ordinance 18.36.040 of the Saratoga Municipal Code. Part “B” of the code states there is no use permitted in the light industrial district which involves “noise objectionable beyond the boundaries of the building in which the use is conducted.” Additionally, 18.36.010 of the code labeled “purpose and intent” states the “provisions of this district are also intended to protect adjacent nonindustrial areas from the potential hazards of industrial development.”

Thompson said the ordinance has taken into consideration the idea of residences adjacent to light industry. Similar provisions were taking into consideration for heavy industry, according to 18.39.040 municipal code. However, under the performance standards for heavy industry, it does not list any limitations or restrictions on noise.

Commercial businesses have noise restrictions as well, listed under 18.33 and 18.30 of the municipal code.

Thompson suggested the council review the industrial and commercial zoning ordinances before making changes to the noise ordinance.

“In regards to heavy industry, from a legal standpoint, my concerns would be if you blanket exception and say ‘heavy industry (ambit) as much noise as they need to to conduct their operations,’ does that change the character of the zoning that is already there and is that, in fact, legally enforceable,” Thompson said.

Changing the noise limitations on industries or commercial stores could alter the character of residential districts, Thompson explained.

“What you would find in case law is that if you moved next to the mill, and you know the mill is there, and you know that you moved next to a nuisance,” Thompson said. “If the character of the operation of the mill changes, from when you moved there, or when it was permitted … I think you would find the case law supports that the mill probably can’t do that.”

After hearing comments from residents, the council voted to look up ordinances from other municipalities via the Wyoming Association of Municipalities.

The next Saratoga Town Council Meeting will take place at 6 p.m. on Oct. 21 at Saratoga Town Hall.