Residents create din over proposed noise ordinance
By Ken Powers Community Reporter

Westborough - During the process that resulted in the drafting of a proposed noise ordinance for the town, Selectman George Thompson, who is spearheading the initiative, said that he was undertaking the exercise because he "wanted to know how the people felt, what they thought about having a noise ordinance in town."

Thompson isn't wondering anymore.

After receiving almost four dozen responses to the draft noise ordinance that has been circulating through town for two months, the Board of Selectmen, at its Jan. 22 meeting, heard from residents about the proposed ordinance.

An overwhelming majority of residents oppose installing noise regulations in town, while others think the draft proposal is so vague it leaves them uncomfortable.

"I found the comments to be very educational," Thompson said. "What I've taken away from it is that there's a need to do some work on the current language set before us. I would like to redraft that language and try to narrow the scope of it."

The proposed ordinance would ban "any excessive, unnecessary or unusually loud noise that annoys, disturbs, injures or endangers the reasonable quiet, comfort, repose or the health or safety of others."

In addition to residents' concerns that the ordinance is too vague, they wondered how a violation of this ordinance, punishable by a fine of $100 or more, would diff er from a criminal charge of disturbing the peace.

Police Chief Alan Gordon, who has expressed an interest in being a part of the group that works on narrowing the scope of the draft noise ordinance, would like to know, too.

"I need to know what we're targeting as far as excess of noise is concerned," Gordon said. "If we're going to enforce a noise regulation, what type of noise regulation are we talking about? Is this going to be one that is purely objective, where once the noise is over a certain decibel level it's a violation? Or is it going to be subjective and determined case by case? And what are we going to do with the violators? To me these are all issues that still need to be ironed out."

If there is to be a noise ordinance, Gordon would prefer

" that it be more objective than subjective.

"I don't want my officers put in the middle, put in situations where it appears they are choosing one side over the other," Gordon said. "To me that will just create a lot of ill will with residents."

Gordon said the majority of noise complaints his department receives are criminal in nature.

"We get the occasional call from a resident whose neighbor is mowing his lawn at 6 a.m. on a Sunday morning or at 9 p.m. at night using a flashlight," Gordon said, "but nine out of every 10 noise complaints we get is for the loud party that's going on next door."

Gordon said the subjective nature of the definition of noise makes developing an ordinance to govern it difficult.

"What's noisy to me might not be noisy to you," Gordon said. "And, what's not noisy to me at noon on a Saturday afternoon might be noisy to me at 7 on a Tuesday night when I'm trying to put my kids to bed."