Council members discuss noise complaint

A complaint from a resident led to discussion about how to handle noise issues in the city.

Portland City Council on Monday talked about the possibility of updating the city’s noise ordinance after receiving a written complaint from resident Gary Dennis regarding church services that are being held at Jay Community Center.

Council member Matt Goldsworthy read the letter from Dennis, who said the noise has been a disturbance for him and his family. Other council members said they have also received complaints about the loud music on Fridays, Saturdays and Sundays.

Dennis also complained about loud music being played during soccer games.

He asked that council members look into changing two sections of its ordinance, one regarding an exemption for church services and another regarding exemptions for athletic events.

Goldsworthy said he brought the issue to the attention of community center executive director Kyle Cook, who acknowledged that there have been issues and said he would continue to work on addressing them.

Council member Dave Golden asked city attorney Wes Schemenaur about the possibility of changing the city ordinance.

Schemenaur said removing the religious exemption to the noise ordinance would likely cause Constitutional issues involving First Amendment rights. He advised that the city could look at changing the exemption for athletic events and could consider adding decibel limits. He noted, however, that enforcement of such limits can be difficult.

Council president Kent McClung agreed, saying any limits in the ordinance must be objective rather than subjective. He also expressed concern about unintended consequences, noting that some industries, such as Portland Forge, can be noisy. Other examples offered by council members and Schemenaur included concerts at the city’s parks and Portland Rockets games.

Schemenaur encouraged council members Michele Brewster, Mike Aker, Ashley Hilfiker, Ron May, McClung, Goldsworthy and Golden to reference American Legal Publishing and consider whether they would like to make any ordinance changes.

In other business:

•Council approved a request from Chris Englehardt of Tri-State Gas Engine and Tractor Association for a waiver from Aug. 9 through 24 to the city’s golf cart ordinance for drivers who display a Tri-State golf cart sticker. He told council members that drivers will be provided a copy of the rules, which include that golf carts are not allowed on state and U.S. highways. Also approved was the closure of a section of Morton Street adjacent to the Tri-State grounds for Aug. 15 through Aug. 24.

•On the recommendation of the city’s tax abatement advisory committee, council approved a one-year tax abatement for Joyce/Dayton on a $57,000 investment in new equipment. It also amended the equipment list for a 2023 Joyce/Dayton tax abatement. (The change does not affect the financial details for the abatement.)

•Mayor Jeff Westlake issued a reminder that “Splashin’ with a Passion: Peggy’s Plunge” is scheduled for noon Saturday behind Moser Engineering, 102 E. Performance Drive, Portland. Portland Fire Department will host a chili cook-off the following weekend, and the mayor is planning his State of the City address for later this month.

•Golden asked a question about the Blaine Pike street paving and walking path project. Clerk-treasurer Lori Phillips said a final change order is scheduled to come before the city’s board of works on Thursday.

•May asked several questions:

   —Why have “no turn on red” signs been added to Meridian Street? Mayor Jeff Westlake indicated that the Indiana Department of Transportation is in charge of any such signs because the street is a U.S. highway.

   —Is it legal to shoot down drones if they are flying over a house? Schemenaur advised against doing so, noting that it is a felony to shoot down aircraft. He advised residents to follow the advice that has been provided by local officials and report drones to Jay County Sheriff’s Office.

   —Why are businesses not provided with trash service? Phillips informed him that, by ordinance, the city provides residential trash service only.

   —What is being done following an executive order from Indiana Gov. Mike Braun that lays out expectations for all Indiana law agencies to fully cooperate with immigration officers in relation to the “investigation, apprehension, or detention of individuals illegally or unlawfully present in the Unite States”? Westlake said he has been advised to wait for further details regarding the issue.