Noise enforcement step taken Butler
BUTLER TWP — Butler Township officials took a critical step Monday toward taking over noise enforcement at businesses in the township.
The township commissioners approved a resolution requesting that the state Liquor Control Board hold a public hearing and consider granting the township an exemption from state regulations regarding amplified sound at the establishments.
The action is the first step in a process that could have the township take over enforcing rules about how much sound businesses with an LCB license can create.
The action comes after months of consideration by township officials, who have been faced with a long-standing dispute between a Greenwood Drive tavern and two neighbors.
Fuji Sisca and Greg Macklin have filed multiple noise complaints against the Rock Ann Haven bar with the state Liquor Control Enforcement bureau. The pair say noise from the business can be heard in the bedroom of their home.
In response to the complaints, LCE agents have filed multiple citations against the business. The citations include fines, but they also could result in the bar losing its liquor license or being shut down by an administrative law judge.
Township officials say they believe the best action is to assume regulation of noise at businesses.
“I think it would be in the best interests of all our businesses if our police are the ones who monitor this,” said commissioners Chairman Joe Hasychak. “I don’t want to see anybody lose their business from an issue like this.”
The township’s rules regarding audible noise at businesses are significantly looser than those of the LCB, which forbid any audible loudspeaker noise past the property line of a business with a liquor license.
The township’s ordinance, which would not change, permits 90 decibels of noise.
Township manager Ed Kirkwood said if the LCB grants the township an exemption, that action would kick off a one-year trial during which the LCB would monitor how well the township enforces its own ordinance.
“I think it’s worth for us to undertake that responsibility knowing full well that for us to sustain it, we have to perform,” Kirkwood said.
He said township officials don’t believe taking over the duties will burden the police, who would respond to all complaints.
“The number of complaint calls for noise is extremely low,” Kirkwood said. “Unless something would change ... I don’t see it being very onerous.”
The LCB public hearing is expected to be in the next 90 to 180 days.
