FAIRHOPE, Ala. - With the mayor’s signature last week, the noise ordinance became law Saturday, but its enforcement will no be so sudden.
The city has waited for the law’s enactment before starting the process to buy the decibel meters now …
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FAIRHOPE, Ala. - With the mayor’s signature last week, the noise ordinance became law Saturday, but its enforcement will no be so sudden.
The city has waited for the law’s enactment before starting the process to buy the decibel meters now necessary to enforce it.
“City Administrator Gregg Mims is coordinating the implementation of the new law with the Fairhope Police Department,” said Councilman Rick Kingrea, who introduced the ordinance and oversaw its revision. “There will be costs involved with the purchase of the decibel readers, as well as the training of the enforcement officers.”
The ordinance adopted by the City Council Dec. 27 replaced an existing law that did not require the use of decibel meters.
Instead, enforcement was based on police officers visiting the homes of complainants and listening to determine subjectively whether there was a violation.
“Although the new ordinance (went) in effect Jan. 1, purchasing the equipment and training our officers will take a little more time,” FPD spokesman Sgt. Craig Sawyer said. “As a department, we will develop and implement a policy on the enforcement of the new ordinance. We are going to research what types of decibel meters are available, and at the same time see which meters will withstand potential court challenges.”
The new law requires that the new sound meters must be able to measure decibels that meet or exceed a American National Standards Institute for a specific kind of meter. The devices will be rechecked once a year for accuracy according to the ordinance.
“Chief of Police Bill Press has been very successful finding really good deals for police equipment,” Kingrea said. “Hopefully, he will find some inexpensive decibel readers.”
In general, the new law prohibits noise in the city limits exceeding 85 decibels from 6 a.m. to 10 p.m. and 50 decibels from 10 p.m. to 6 a.m.
Penalties for violating the new noise law include an initial warning followed by a fine of no less than $200 for the next violation within 30 days called a “first offense.”
“Subsequent or repeated violations shall subject the violator to arrest and shall be punishable by a fine of $500 and/or six months in the Fairhope City Jail,” Section 12-5-3 of the city code states. “Subsequent and repeated violations will result in arrest.”
The law states that the person in charge of the premises at the time of the violation will be the one deemed responsible.