The Frankfort City Council is considering a fine increase for residences in violation of the noise ordinance to deter repeat offenses throughout the city during the “quiet hours.”
On Monday evening, Frankfort Police Department Chief Scott Shoemaker approached the council to request an amendment to the noise ordinance to address the increased complaints that the department has received throughout the year.
“We’ve had an increase in complaints regarding noise,” Shoemaker said. “To date, we’ve had 105 complaints for noise, same time last year we had 97, so we’ve had eight new complaints in the same time period. The year before that was 118, so technically we’re down in a two-year period.”
Shoemaker stated that citations for noise violations prove inconsequential for most recipients of the citation as the fine only carries a $30 penalty without escalating fees per offense, so he proposed an increase in the fines to better deter repeat offenses of the noise ordinance.
“When reviewing the ordinances, the penalties are not worth the time for the officer or the department to write the citation,” Shoemaker said. “In fact, I believe unlawful noise was in the Bureau making it a $30 fine, so you’ll see we’re requesting an increase to $50 for the first offense, $100 for the second and $250 for the third.”
Shoemaker stated that while researching the ordinances to prepare the proposal for the increased fines, the department found that a time dictating when noise was set to conclude for the day was not present within the ordinance.
“There’s a public sentiment that there’s an 11 p.m. hour of when noise is to end, and that has not existed ever in the city’s history, but because so many people think it, I’m asking the council to make it 11 p.m. officially,” Shoemaker said. “Instead of using sound meters and devices and all those items that we do not have nor want to purchase, we just say 11 p.m., but we also just say that noise shall not be played to where you can hear it off the property regardless of the time.”
The amendment would also add the animal noise section into the “unlawful noise” section of the ordinance, which would dictate that residents housing animals creating noise from 11 p.m. to 7 a.m. would be subject to fines. Shoemaker specified that the “noise” produced by animals would not include sparse barks from dogs or one-time howls. Instead, the ordinance would be enacted if a dog incessantly barks outside a residence for an extended period of time, howls, barks and whines to be let inside the residence or similar circumstances.
Shoemaker stated that police officers are not permitted to be a complainant for loud or unreasonable amounts of noise, which dictates that community members must be responsible for reporting the noise violations for officers to fully enact the ordinance.
“There’s a common misconception that we’re just supposed to patrol around and deter that, but anybody (who) would actually read the law, police officers cannot be complainants of loud noise,” Shoemaker said. “The complaint has to be a citizen.”
The council ruled to continue through the normal processes for the ordinance with two readings and opportunities for public comments prior to the passage of the ordinance. The council will discuss the ordinance and implement amendments to the ordinance prior to the Aug. 12 meeting where the ordinance will be discussed once again for approval to address concerns regarding construction noise, mowing noise and more that were highlighted by the council members.