Committee considers ordinances on noise levels, wells
Lead Summary
By
Brandy Chandler-brandychandler@gmail.com
The street and safety committee of the Hillsboro City Council examined if two city ordinances should be amended following recent, separate complaints into noise levels and alleged "vague" wording in the water well laws.
In June, Ed Tipton, owner of The Ole Depot on North West Street, approached council and asked if they could examine the ordinance regarding noise levels. At that time, Tipton said that for the previous five weeks they had live bands playing at the bar, and two of the five weeks there had been noise complaints and had resulted in his receiving a ticket. Tipton said that after reviewing the ordinance regarding noise levels, he felt that it was outdated compared to some cities and asked that council look into it.
According to section 132.09 of the Hillsboro Codified Ordinances, a consistent noise from an establishment shall not be permitted if it can be heard more than 50 feet away from the premises.
Committee chairperson Brian Waller said that he had tried to research the matter but had not had much success. He had examined a copy of Wilmington's ordinance, which specified that an outdoor establishment during operating hours should not have sounds that can be heard above 65 decibels at 25 feet away.
Waller said that he had spoken to Tipton Monday and that he indicated that since he addressed council, he had spoken to the bands who perform at the bar and that he had not had any noise complaints since.
Hillsboro Safety and Service Director Ralph Holt and committee member Rod Daniels said that Tipton may have been able to resolve the situation himself without the city intervening. Waller said that he had not been to the establishment during hours when the bands were playing so he did not know how loud the music could get. He said that he wasn't going to propose modifying the ordinance immediately and that he would continue to look into it.
Hillsboro Mayor Dick Zink said that council should avoid situations in which they jumped to modify ordinances because they receive a single complaint.
"I don't think every time we get a complaint we should go changing ordinances," Zink said. "All we'll get done is changing ordinances."
There was discussion about how far away the music could be heard and what would be considered "too loud."
"Is five blocks away too loud?" Zink said.
"We received complaints from five blocks away?" Daniels asked, and Zink said they had.
The committee informally tested noise levels using a decibel application on Daniels' phone. Waller said they might consider adding decibel ranges, but that he would continue in research.
The committee then addressed a complaint from BUSTR, the Bureau of Underground Storage Tank Regulations, regarding the city's ordinance on wells. According to Waller, BUSTR was having Lykins Oil drill test wells in the city at the site of the old BP gas station off West Main Street. Holt said that is something that is done at old gas stations regularly in order to monitor if gas or oil is leaking. Holt said Lykins Oil approached BUSTR regarding drilling regulations and BUSTR told the company that the city's ordinance was "too vague."
According to Ordinance code section 5151, no person shall drill a well within the city limits and tap it into the water lines.
The committee said that BUSTR had never directly approached the city; rather, they informed Hillsboro through the contractor from the drilling company. The committee asked why they should have to make any changes and why BUSTR was in a position to tell the city to examine its ordinances.
Holt explained to the committee that BUSTR was an "arm of the state of Ohio" and likened it to the Environmental Protection Agency. It is a division of the Fire Marshal's Office of the State of Ohio.
Waller said that he would turn over the matter to Hillsboro Law Director Fred Beery to draw up an amended ordinance. When asked what changes were going to be made to the ordinance, Waller said that he wasn't certain because they had not been written yet. Waller said that he would schedule another meeting so that the committee could discuss both issues when they had more information.
The street and safety committee of the Hillsboro City Council examined if two city ordinances should be amended following recent, separate complaints into noise levels and alleged "vague" wording in the water well drilling laws.
In June, Ed Tipton, owner of The Ole Depot on North West Street, approached council and asked if they could examine the ordinance regarding noise levels. At that time, Tipton said that for the previous five weeks they had live bands playing at the bar, and two of the five weeks there had been noise complaints and had resulted in his receiving a ticket. Tipton said that after reviewing the ordinance regarding noise levels, he felt that it was outdated compared to some cities and asked that council look into it.
According to section 132.09 of the Hillsboro Codified Ordinances, a consistent noise from an establishment shall not be permitted if it can be heard more than 50 feet away from the premises.
Committee chairperson Brian Waller said that he had tried to research the matter but had not had much success. He had examined a copy of Wilmington's ordinance, which specified that an outdoor establishment during operating hours should not have sounds that can be heard above 65 decibels at 25 feet away.
Waller said that he had spoken to Tipton Monday and that he indicated that since he addressed council, he had spoken to the bands who perform at the bar and that he had not had any noise complaints since.
Hillsboro Safety and Service Director Ralph Holt and committee member Rod Daniels said that Tipton may have been able to resolve the situation himself without the city intervening. Waller said that he had not been to the establishment during hours when the bands were playing so he did not know how loud the music could get. He said that he wasn't going to propose modifying the ordinance immediately and that he would continue to look into it.
Hillsboro Mayor Dick Zink said that council should avoid situations in which they jumped to modify ordinances because they receive a single complaint.
"I don't think every time we get a complaint we should go changing ordinances," Zink said. "All we'll get done is changing ordinances."
There was discussion about how far away the music could be heard and what would be considered "too loud."
"Is five blocks away too loud?" Zink said.
"We received complaints from five blocks away?" Daniels asked, and Zink said they had.
The committee informally tested noise levels using a decibel application on Daniels' phone. Waller said they might consider adding decibel ranges, but that he would continue in research.
The committee then addressed a complaint from BUSTR, the Bureau of Underground Storage Tank Regulations, regarding the city's ordinance on wells. According to Waller, BUSTR was having Lykins Oil drill test wells in the city at the site of the old BP gas station off West Main Street. Holt said that is something that is done at old gas stations regularly in order to monitor if gas or oil is leaking. Holt said Lykins Oil approached BUSTR regarding drilling regulations and BUSTR told the company that the city's ordinance was "too vague."
According to Ordinance code section 5151, no person shall drill a well within the city limits and tap it into the water lines.
The committee said that BUSTR had never directly approached the city; rather, they informed Hillsboro through the contractor from the drilling company. The committee asked why they should have to make any changes and why BUSTR was in a position to tell the city to examine its ordinances.
Holt explained to the committee that BUSTR was an "arm of the state of Ohio" and likened it to the Environmental Protection Agency. It is a division of the Fire Marshal's Office of the State of Ohio.
Waller said that he would turn over the matter to Hillsboro Law Director Fred Beery to draw up an amended ordinance. When asked what changes were going to be made to the ordinance, Waller said that he wasn't certain because they had not been written yet. Waller said that he would schedule another meeting so that the committee could discuss both issues when they had more information.
[[In-content Ad]]