Another Michael Miraglia town board submission, Pahrump Town Ordinance 55, commonly known as the "noise ordinance," failed to pass after some debate earlier this week.

Miraglia cast the only "yes" vote as the draft was defeated 4-1.

Prior to the reading of the ordinance, Vice Chairman Ron Johnson said he had some questions.

"I think there's just areas where I've got questions about definitions, terms, and so on," said Johnson.

He then proceeded to go through the entire ordinance, questioning the language and enforceability of many of the sections.

In the first section, under definitions, he questioned the ability of any person to judge whether or not a noise as the ordinance states, "has any adverse psychological/physiological effects on humans."

Under the prohibitions section, Johnson asked how a law enforcement officer could be expected to make a "fair and accountable decision" as to what noises are "unreasonably loud," as the ordinance states, or whether a noise "unreasonably interferes with the comfort, health, or safety of others."

One section states that a musical instrument, radio, or "similar device" could not be played or operated loudly enough to be heard by a person in a motor vehicle 20 feet away or a pedestrian 30 feet away. Johnson pointed out that it would be difficult to "scientifically verify" those distances.

Regarding loud vehicles and construction tools between 10 p.m. and 6 a.m., Johnson pointed out that construction is a part of growth, and that the hot weather means that construction workers have to be up and working early for their health and safety.

Miraglia responded to Johnson's and the public's concerns before the reading of the ordinance, saying, "This ordinance would not be here if it weren't for people that came to me and asked me to do this. If neighbors had respect for other neighbors, this ordinance would not be here today.

"People have a dog that's out barking at three o'clock in the morning, they know they should take it in the house until it stops ... And we have people with ATVs that don't care about their neighbors either. They just drive up and down private lots."

Miraglia went on to explain, "This was taken from the town of Chelsea (state not identified) word for word, and all I did was change Chelsea to Pahrump. You know, it's up to the people, if they want it, fine, if they don't want it, that's fine too."

A long line of residents formed to address the board after Miraglia had spoken.

One concerned citizen's comments were punctuated by "amens" from the audience and greeted with loud applause when he said, "I think this ordinance is nothing but a joke ... All of a sudden this comes along from a place called Chelsea. But I don't live there and I didn't move there. I didn't move here to live in a Focus-type home. They can have their homeowners association, they can have their rules ... I'm just trying to keep the town out of court."

"I know what Mr. Miraglia is trying to do, and he's trying to address a problem that happens relatively often," conceded board member Paul Willis.

"Some people do disregard other people's right to a little peace and quiet. But I disagree with the way it's done," said Willis. "It doesn't promote any kind of neighborhood harmony, and I could see the ordinance being a tool used to work out a vendetta in a public arena."

Willis added bluntly, "So I don't like this ordinance. I think that everybody can handle a neighbor."