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Top Story

Jul. 11, 2007

Meeting set for proposed noise ordinance

By CHRISTINA EICHELKRAUT
PVT

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A special meeting to discuss a noise ordinance proposed by town board Vice Chairman John McDonald has been scheduled for July 21 at 9 a.m. in the town Annex.

The ordinance was first proposed at the June 12 regular board meeting but fostered so much discussion it was decided a special meeting was needed to specifically discuss the plan.

McDonald's ordinance is an attempt to curb what he calls "useless" noise and does not restrict noise made by animals or noise that results from industrial purposes.

Despite those caveats, however, the ordinance caused a vociferous discussion among the other board members as to how it might be subject to interpretation.

In addition, the ordinance elicited questions of enforceability from the Nye County Sheriff's Office.

The vice chairman, however, feels the issues can be addressed.

"There are cities and towns all over the country that have these ordinances and successfully enforce them," McDonald said.

Furthermore, McDonald feels as though the ordinance is part of the promise he made to voters while running for office.

"This has been a plank in my platform, so to speak," McDonald said.

He added that it was the issue most often brought to his attention by citizens, and he was already receiving phone calls about it the day after the elections.

And despite the board's reaction to the ordinance, McDonald said he has already received emails in support of it.

For his part, the vice chairman has been busy preparing for the special meeting by researching various noise ordinances nationwide, using among other sources the Web site www.nonoise.org.

The regulation proposed by McDonald is based largely on Las Vegas' noise ordinance, which McDonald said has been successfully enforced for years.

"Las Vegas aggressively enforces this ordinance," McDonald pointed out.

Although McDonald concedes that noise, and what constitutes too much of it, can be highly subjective, he maintains that there are still objective ways to enforce the ordinance.

The vice chairman has even deemed it necessary to include the preamble to the United States Constitution, due to the vaulted clause that part of the governments' job is to "ensure domestic tranquility."

Although he conceded that the Founding Fathers wrote that long before the industrial revolution, and were not referring to the loud stereos and loud parties his constituents often address, McDonald maintained that "domestic tranquility" still means the right to peace and quiet.

Furthermore, McDonald plans to include a section of the U.S. Code that addresses the issue of noise, in order to show that "Congress has recognized this as a serious need."

"You're always going to have people who are going to say they have the right to make all the noise they want," McDonald said. "I'm trying to show that they do not."

McDonald is optimistic about the Saturday meeting, and is welcoming participation and comments by the public.

"I'm hoping to get an ordinance the board can agree on," McDonald said. "We need all the ideas we can get."














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