News

West Windsor passes noise ordinance

By JEFF EPSTEIN
[email protected]
WEST WINDSOR, Vt. — Following discussion at several meetings, the select board passed a new noise ordinance on Monday. The ordinance has an enforcement mechanism as a last resort, but it encourages neighbors in a dispute to find a settlement on their own.

The ordinance will take effect in 60 days, on or about May 11.

The text of the ordinance frankly states that determining unreasonable noise is subjective. Nevertheless, it establishes a definition, noting that the factors to be considered include intensity of the noise, whether the noise is usual or unusual, whether it seems natural or unnatural, the intensity of the noise, time, duration, and proximity to sleeping facilities.

The ordinance lays out a gradual procedure of complaint. It expects complaining neighbors to make the first move themselves, letting the offending party know about their grievance. After that, the Windsor Police or the town constable may issue one or more warnings to the party generating noise.

Only after all that fails to settle the issue would the select board get involved. Even then, at least two members would have to agree the noise is a serious issue that has not been resolved before declaring a formal violation of an unreasonable noise.

Examples cited in the ordinance of possible unreasonable noise include construction activity, unusual vehicle noise, unusual animal husbandry noises outside the scope of normal farm practices, amplified music or other noise, and unusual firearms sounds.

The specific case that encouraged the select board to create this ordinance involved repeated firearms discharges in a residential area.

Any use of fireworks prohibited under state law is the only case that is automatically defined as unreasonable noise and a violation.

Once a formal violation is declared, a written notice will be sent to the offending party. Any further violations would result in the Windsor Police issuing a ticket to the offending party. The first ticket would carry a fine of $100, with a $50 waiver free. Subsequent violations would bring higher fines increasing to $500 for the fifth violation, with a waiver fee of $400.

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