continued Fucillo said that, regarding the noise ordinance, the definition of “unreasonable noise” was too subjective and the threshold was too low. “It’s an arbitrary and unreasonable restriction to Owera,” he said. He also said the decibel level measurements should be made at the property line of a complaining neighbor and not at the Owera property line.
Eveleigh said her clients were concerned that there were no enforcement procedures concerning the sound measurements in the proposed law and that the decibel level measurement does not read lower register tones like bass lines. She also said the decibel level measurements should be made at the property line of Owera and not at that of a complaining neighbor. “No one should be allowed to emanate noise outside their property in excess of these standards,” Eveleigh said.
East Lake Road resident Sam Woods said that for a lot of neighbors the issue is more about frequency of events, and the number of allowable events within the laws are too high. “I suggest the number of events be tied into the sound level,” he said.
Special events law
During the second public hearing, on the special events law, Fucillo said the proposed law’s definition of a special event is “way too broad and definitely confusing. Under this, almost every Owera event could require a permit.” He also said the permit application process was “onerous” and “cumbersome.”
Other residents and business owners agreed with Fucillo on certain points, particularly that the special events law as written was confusing and cumbersome.
Linda Osborne, owner of Hillcrest Jephson Estate, which is used as a venue for philanthropic, civic and social events, said while she does not oppose the noise ordinance, she found the special events law to be unreasonable. She said that as a charity, non-profit venue, she cannot always comply with the law’s 60-day notice period, she does not always know the number of guests each event will have and the charities she sponsors have no money to pay for permit fees.