Proposal clarifies city rules on noise

Sherwood floats added exceptions

Proposed changes to Sherwood's long-standing noise ordinance are meant to expand allowances for churches and civic groups to have celebratory activities and music practice without violating city code.

A proposed ordinance to be considered by the Sherwood City Council at its 7 p.m. meeting today adds language for allowing "music and other" sounds for "practice" as well as for already allowed celebration purposes during civic, church, community or school activities and national holidays. The legislation also repeals previous ordinances with conflicting language.

Alderman Charles Harmon, who recommended the legislation, said the change comes after complaints were raised against a church for having a youth band practice or performance during the evening. The legislation, he said, is "really just a clarification" to expand allowances for churches and civic activities to hold celebratory events, as well as music practices on days or evenings before the events.

"There have always been exceptions for churches in our noise ordinance and for civic events and things of that nature that exist in residential areas and naturally are going to generate a certain level of noise," Harmon said. "This is just a clarification to acknowledge the fact that you will have noise at times other than on Sunday morning.

"And there are other religions that don't necessarily meet on Sunday or Sunday night," Harmon added. "You can't restrict the regulation to Christian religions. There are other religions that will meet on other days of the week."

Sherwood adopted Ordinance 1255 regulating noise and sound levels in December 1995 and a later ordinance, No. 1349, that made minor changes, including making violations start at noise levels above 60 decibels instead of 80 decibels. The amended version, however, also created some ambiguity within the noise ordinances.

Harmon's legislation is "bringing both ordinances together," Mayor Virginia Hillman Young said.

"What we're trying to do in this last one is erase some of that ambiguity," she said. "There are some things that are in the existing ordinances that are just not clear."

Harmon said the proposed changes came after someone moved into a neighborhood near a church and then complained about music and noises coming from the church on days other than Sundays. The church was never cited for a violation, Harmon added.

"The church was already there," Harmon said. "A resident said he could hear the bass drums from a church youth band.

"We needed to clarify that if you move into an area next to or near a church, you're going to hear sounds of celebration coming from that church," Harmon said. "Basically that's the reason for the ordinance."

Churches are allowed and often are located in areas that cities zone for single-family residential neighborhoods, or R-1 zoning, he said.

"Churches are in R-1 zones in almost every city in Arkansas, and probably are in cities all over the country," Harmon said. "So when you have churches next to houses and you live next to a church, you can expect to have to deal with the noise. That's part of living in a community."

Metro on 03/23/2015

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