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Case made over noise rules

Chief: Police can handle enforcement

BUTLER TWP — The Pennsylvania Liquor Control Board will decide next month whether Butler Township police can take over enforcement of noise rules at businesses in the township.

Township officials participated in a public hearing Thursday that represented the final step before the decision is made by the state. The hearing comes after months of consideration by the municipality, which has been faced with a long-standing dispute between a Greenwood Drive tavern and two neighbors who have filed multiple noise complaints against the business.

Township Police Chief John Hays was the sole person to testify at the hearing, which was overseen by LCB hearing examiner John Mulroy.

Hays said the dispute between residents Fuji Sisca and Greg Macklin and Rock Ann Haven bar wasn’t the central concern of township officials, but did represent “a catalyst” that brought the issue of noise generation at businesses to their attention.

Hays fielded questions from township solicitor Rebecca Black and LCB lawyer Justin Blake. He testified that the police department is capable and willing to take over enforcement of the municipality’s noise ordinance, which is less strict than LCB rules.

Hays said the township police were better-positioned to respond faster and able to use their discretion more broadly and effectively when faced with borderline situations than the state’s Liquor Control Enforcement division of the state police, which are bound by strict regulatory guidelines.

The township ordinance, which was last amended in 2001, permits 90 decibels of noise to be audible 25 feet from the property line of the business creating the noise.

Hays testified that, according to his research, 100 decibels equals roughly the sound of a chain saw, while 40 decibels equals the ambient noise created by a residential area at night.

By contrast, the LCB rules permit no audible noise at the property line of a business with a liquor license. There are 24 such businesses in the township, Black said.

Hays added that he can only remember one complaint against a business other than Rock Ann Haven within the past year.

He said the township’s move to take over noise enforcement is a good-faith effort to balance the concerns of residents and business owners.

“We’re trying to come up with a level playing field for these businesses while still respecting the rights of homeowners,” Hays said.

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