Ohio County To Try ‘Diplomacy’ First
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WHEELING -- Ohio County Commissioners want to try "diplomacy" first before implementing a county-wide noise ordinance.
Last week, commissioners hosted a special meeting to give the public a chance to air their thoughts and concerns about a proposed noise ordinance for Ohio County. The ordinance is being considered following complaints brought to the commission by residents.
During Tuesday night's commission meeting, Commission President Randy Wharton and commissioners Don Nickerson and Zach Abraham revealed their thoughts after hearing from those speaking.
In short, they now want to call all stakeholders affected -- residents, law enforcement and industrial operators - in for a meeting to address what can be done to curb loud sounds.
If that proves unsuccessful, they may consider implementing a noise ordinance.
Wharton said two things became very apparent to him during last week's public hearing. One is that people move to the country for two reasons. Many don't want to live under restriction, and they want to be left alone to enjoy their sometimes noisy lifestyle.
The second is that other people move to the country for silence.
"Sometimes the two collide," he acknowledged.
Wharton said it also appears as though much of the noise made by neighbors is either or both unnecessary and excessive, while another type of noise at issue results from industrial operations in the county.
Each type of noise should be addressed separately, he said.
"I'm not sure we could construct a noise ordinance that would be constitutional," Wharton said.
"Secondly, I'm not sure the sheriff would be able to enforce it. Thirdly, I don't think it would address any of the problems we are trying to correct."
Noise coming from all terrain vehicles and other types of automobiles should be addressed by existing laws, he continued.
"The situation where neighbors are making noise that is unacceptable -- I don't have an answer for that," Wharton said.
He added the last thing any governmental body should do is enact any law when it is not necessary.
As for industrial noise in the county, Wharton agreed to shoulder much of the blame.
"As commissioners... we have not done a good enough job going out into the community when people do bring these complaints to us. And we are not being the go-between between the citizens and industry," he said. "That is one area that I think we should (take action), and we will begin to do this."
Wharton added on Tuesday he was presented with yet another noise concern from a resident regarding a new fracking operation and a well pad being placed next to their home.
He promised he would go himself and "meet with that company before they ever get started" to try and figure out what they can do to ease the noise burden on residents.
Commissioner Don Nickerson said he had been in favor of adopting a noise ordinance. But after the public hearing, he said he wonders if "a more narrow attempt" isn't needed to fix the problem.
He wants to meet with law enforcement to see what existing laws are on the books pertaining to noise, and if these can be enforced. He also wants to meet with officials from the Tunnel Ridge Mine and the local gas industry and tell them, "We really want you to make an effort to crack down on some of this noise."
"If they don't, we may have to reconsider and go back and adopt an ordinance," Nickerson continued.
Abraham added the restrictiveness of a noise ordinance is "the hard part for me."
"Obviously, if the good neighbor approach doesn't work, there has to be some alternative," he said.
Abraham recommended that law enforcement first utilize the tools available to them, and that after some citations are issues maybe offenders "will learn their lesson"
"As for industry, I think most industry wants to be good neighbors," Abraham said. "But at the end of the day, our (goal) is to advocate for citizens.
"I'm in favor of taking the diplomatic approach first. If that doesn't work, (we need to put) something in place that would benefit citizens."
Abraham said he is "leaning against" implementing a noise ordinance.
"I think there are other means to take care of that," Abraham said. "But if there are more complaints, we might have to fine tune something."
The commissioners agreed they may have to call for an upcoming work session to sort the noise issues out with stakeholders, but that was not yet scheduled.
Commissioners are next slated to meet at 8 a.m on Oct. 4 at the City-County Building, 1500 Chapline St., Wheeling.