PORT TOWNSEND — The Jefferson County commissioners have postponed any action on its proposed noise ordinance after a crowded, spirited public hearing Monday.
“This warrants some careful consideration to look at all these comments before we decide, and it will take some time to process all of them,” said Commissioner David Sullivan.
“This is an interactive process, a back and forth with the public, and we need to be prepared for this.”
About 37 county residents commented at the public hearing, and the audience filled the chamber’s 64-person capacity with roughly 30 more spilling out into the hall.
Most commenters spoke out against the new ordinance, although several said they would support it under certain conditions.
The proposal is intended to define what constitutes a public disturbance in unincorporated Jefferson County while setting out terms for enforcement, in many cases based on what constitutes a nuisance for a reasonable person with normal hearing and enforcement at the discretion of the individual deputy.
Many objections against the ordinance took issue with what they say is its subjective nature, saying that an objective measurement such as a decibel meter is needed to fairly apply the standard.
Others had a more philosophical objection to the ordinance.
“Many years ago when people started coming here, we welcomed them, now I understand how the Indians feel,” said Glenn Richardson. “We welcomed too many of you.
“I truly believe that you are going to do whatever you’re going to do without any of us speaking, and you really don’t care about the people who have lived here all their lives.
“I am seeing more and more changes here that I don’t appreciate, and the things you are doing here are taking my rights away.”
Another frequent objection was that someone who doesn’t get along with their neighbors can file a complaint that becomes a nuisance to both law enforcement and the object of the complaint.
“This ordinance is far too subjective in order to be effective,” said Dan Taylor.
“As most attorneys know, ‘reasonable’ is one of the most contested words, and if the county wants more lawsuits, they should use a ‘reasonable’ standard.”
Deputy Prosecutor David Alvarez said that any offending noise would need to be heard by the deputy called to the scene, a detail of the ordinance many in the audience were surprised to hear.
“A lot of the people testifying have not read the ordinance,” Commissioner John Austin said after the hearing.
The proposed noise ordinance would forbid loud music in either a commercial or private setting between the hours of 10 p.m. and 7 a.m. Sundays through Thursdays and from 11 p.m. to 7 a.m. Fridays and Saturdays.
Sound from portable audio equipment as well as “yelling, shouting, hooting, whistling or singing” also could represent violations if these sounds can be clearly heard by a person with normal hearing in a location 150 feet from the source and not on the property of where the sound originates, the proposal says.
The proposal focuses on “frequent, repetitive or continuous sound” from any automotive source as violations, except when used as a warning.
Exemptions to the ordinance include the sound of private generators during power failures, sounds resulting from construction and repair as long as they are within the hours of 7 a.m. to 10 p.m., livestock noises and the lawful discharge of firearms in the act of protecting life or property.
“The major noise problems only affect the minority, but I feel that regulations like this are in place to protect the minority who are suffering because of an inconsiderate neighbors’ noise pollution,” said Audrey Jean.
“The recent extreme noise is a problem, and we need protection.
“Right now when I call the sheriff with a noise complaint, they don’t even come out.”
Jean said that excessive noise from neighbors has forced her to sleep with the windows closed in the summertime and wear earplugs, a scenario she said “represents an infringement on my rights.”
The commissioners were expected to discuss the ordinance at their afternoon meeting but did not expect to make a decision on its passage until analyzing all of the comments.
“This is not something we wanted to take on,” Sullivan said at the end of the meeting.
“This is something that came from our citizens in the unincorporated area who feel powerless to do anything about this.
“There’s a balance to be struck here, ‘yes’ is easy, ‘no’ is easy but ‘maybe’ is hard.”
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Jefferson County Editor Charlie Bermant can be reached at 360-385-2335 or cbermant@peninsuladailynews.com.
