East Hampton Noise Ordinance Poses Pitfalls
On his radio program this week, one caller asked former Governor John Rowland if he had any interest in running for the U.S. Senate seat being vacated by Sen. Joe Lieberman. Obviously bemused by the question, Rowland chuckled as he noted that the Senate was where “good politicians go to die,” and that if you wanted to really make a difference in government, getting involved at the local level had far more impact than the federal House of Lords.
Local officials in East Hampton once again learned the true measure of those words recently as they returned to the sticky issue of noise regulation. Prompted by complaints about the volume of music emanating from Angelico’s Lake House and the potential for future issues with noise, the Town Council has been investigating the issue in search of a solution that placates the affected homeowners near Angelico’s while setting good precedent for the future.
At the Town Council meeting on January 11, 2011, Councilor Sue Weintraub noted that the City of Hartford implemented a 100ft. Rule that prohibits sound that can be heard 100 feet from the source. According to the City’s website, the easy-to-enforce new ordinance increased the number of tickets written by 1050%. The Council also discussed the ideas of regulating outdoor amplified sound and citing bands with noise violations in the event that live entertainment is creating the disruption.
Many other communities limit the hours that sound can be emitted, usually with one set of rules for weekdays and another for the weekends. In New York State, the legislature last year considered a bill that would start enforcement actions against establishments that were the subject of six noise violations in any six month period.
It stands as a challenging situation to address. The rights of fellow property owners are infringed by noise pollution. But at the same time, taking an action that would have an adverse impact on a business would be counterproductive. Being recognized as a community that is friendly to businesses is a competitive advantage that East Hampton should seek, especially in the current difficult economic times.
Balancing the two will require that the Town Council to be thoughtful and collaborative with the varied interests involved. In finding a resolution, though, it will prove once again that local government is where all the governing that really matters to people actually happens.
