The Highlands Land Use Committee had an in depth discussion regarding noise decibel levels within town limits as well as weekend construction limits at their last regular meeting on Sept. 28.
The issue of noise decibels was brought to the committee’s attention by Mayor Patrick Taylor, who also mentioned the problem at the most recent town board meeting, citing multiple noise complaints the town had received, many of which were in regards to alleged parties at local restaurants.
The committee also discussed whether or not the town should allow commercial construction and landscaping work to continue on the weekends within the town limits. While both issues were two separate items on the meeting agenda, the committee ended up discussing both issues in tandem as the biggest concern regarding weekend construction is tied to the noise levels it creates.
“As it stands right now, our definition of working hours is 7:30 a.m. to 6 p.m. Monday through Friday,” Assistant planning and Development Director Michael Mathis said. “Construction is [defined as] the erection, repair, assembly, alteration, landscaping or demolition of any building or building site. So, everything is tied under construction and as it stands right now, you couldn’t do the landscaping or construction on the weekends.”
Taylor’s concern, which he had provided to the committee, was that if someone works all week and wants to mow their grass on a Saturday, then it wouldn’t be fair to tell them that they can’t. Town Commissioner Amy Patterson also backed up the mayor’s concern saying that the type of weather Highlands is known for makes it difficult to get construction or landscaping done during the week because the weekends may be the only days where it is not raining.
“Frankly, with our weather, sometimes Saturdays and Sundays are the only days you have to do it,” Patterson said. “Construction wise, there are certain things you just have to do with the right weather and our weather is such that, it may rain everyday of the week and the only two dry days are the weekends.”
The biggest stumbling block the committee discussed in regards to weekend construction and landscaping was the classifications of “commercial” and “residential.” Highlands Police Chief Andrea Holland said that the ordinance needs to be specific in what is classified as “residential or a private home” and what is considered “commercial” work. Mathis confirmed that while the mayor referred to the issue as commercial construction, it is not outright specified in the existing ordinance. It was then decided that the ordinance does need to provide further clarification.
The conversation was then tied into noise decibel levels by Commissioner John Dotson, who said he doesn’t think the issue needs to be separated between residential and commercial.
“I don’t think we need to differentiate between a private homeowner and commercial, I think we need to tie every bit of it to decibel levels,” Dotson said.
Holland responded to Dotson stating that the issue is simply that many of the complaints being received are not exceeding the limits when tested. Holland and Patterson both went on to provide examples such as a hound dog barking all night won’t register on the meter, yet it is still a nuisance. Meanwhile, a group of people conversing at normal levels may register above the limits.
Ward clarified the issue saying that the town either needs to lower the maximum decibel levels after 10 p.m. or it needs to be understood that a second call means that it is a nuisance and the perpetrators will be fined, regardless of decibel levels. Dotson disagreed with Ward’s suggestion.
“Then you pit one neighbor against the other,” Dotson said. “What if you have a neighbor that just wants to be a jerk? If we regulate the decibel levels, that’s something that won’t happen.”
Dotson went on to present research he had done on the topic, highlighting the fact that many other towns or cities, such as Orlando, tie the decibel levels to the property line. This means that readings are taken from the property line of the complainant and if it exceeds the maximum level, then it is a nuisance.
Holland reminded Dotson that the root of the problem is simply that the noise complaints aren’t exceeding the maximum levels, but people still continue to complain about the noise. Patterson then brought up the fact that due to Highland’s topography, sound carries a lot in the area.
The committee continued to have a lengthy discussion regarding the matter, in which it was suggested that the levels be reduced after 10 p.m., with the suggested level being 30, which would make it easier for Holland and the Highlands Police Department to get a decibel reading and would cut out the need for a nuisance call.
Ward officially suggested that the maximum levels be lowered after 10 p.m. and if multiple calls are received after that time, then it can be classified as a nuisance. Chief Holland and Lieutenant Leah McCall both agreed with the suggestion. The conversation was then turned back to the weekend construction and landscaping issue in which it was suggested that contractors be allowed to work on Saturdays from 10 a.m. until 2 p.m. or 4 p.m.
While the suggestion seemed to receive wide support from the board, there was a concern from Dotson that the proposed hours are too short, to which Ward responded that perhaps it can be within regular working hours on Saturdays. The final consensus was to earmark the weekend construction for later discussion with the full board and that the committee would present the full board with a recommendation that maximum noise decibel levels be reduced to 30 after 10 p.m. within town limits.