City Commission Passes New Noise Ordinance

The Plymouth City Commission unanimously approved a Monday night, which focuses not on the decibel level but rather on whether the noise is significant enough to "disturb the peace."

"Someone has to have been affected by the loudness of the noise," said Mayor Pro Tem Mike Wright, chairman of the Super Liquor Committee, which spurred action on changing the ordinance.

The Super Liquor Committee was formed last year to discuss topics such as a liquor license cap, outdoor dining and a new noise ordinance. The committee has made recommendations to the City Commission based on its findings.

"The problem with using the decibel level is that it doesn't hold up in court. They (the courts) say that even if you have a decibel-measuring device, you cannot pinpoint exactly where the noise is coming from and, therefore, can't hold anyone responsible for it."

City Manager Paul Sincock reminded commissioners and the public that the new ordinance is not expected to fix all the city's noise problems. "This is not a cure-all," Sincock said. "But this is another tool in the toolbox for police officers to use."

Under the new ordinance, a member of the public would have to call in a complaint to the police department and be willing to go to court as a complainant.

City Commissioner David Workman said the public should understand that under this new ordinance, the police cannot issue a ticket unless a complaint is filed. "People sometimes complain that they'll see a police officer drive past a noisy situation and not do anything," Workman said. "But someone has to make a complaint, or the police can't do anything."

Sincock clarified Workman's point. "It's true, a police officer's peace cannot be disturbed," he said.

For commercial property, a ticket will be issued to the establishment owner or manager who is on site at the time of the complaint. For house parties, the owner, lessee or occupant of the dwelling will receive the ticket.

The first offense will cost $50-$500; the second offense in two years will cost $100-$500; and the third offense will cost $300-$500.

Plymouth Police Chief Al Cox said the amount of the ticket would be decided by the judge, based on the severity of the noise and complaint.

"I'd love to hear back from you in June or July about how this is working," Mayor Dan Dwyer told Cox.

Cox, who said the city experiences a dramatic increase in noise complaints as soon as winter breaks, replied only half-jokingly, "We'll probably be able to let you know by the end of March," he said.