No noise ordinance for Polk County

Published 5:40 pm Tuesday, July 9, 2013

Or maybe you have just settled down for the night after a long hard day at work and just put your kids to bed because they have school early the next day, however, your children will not get sleep tonight, she said, because your neighbors have decided that it is a good time to have a party. She said the music blares so loudly her windows shake.

“This does not happen once in a while, but a few times a week,” Holden said. “So you decide to do the neighborly thing and try to reason with them about the matter. The problem with this idea is that these are the kind of people who have the mind set that this is their private land, and they have the right to do anything they want no matter what.”

Cindi Staben said she doesn’t have the problems people in Silver Creek do, but she lives across the street from a dirt bike track that goes seven days a week. She spoke of having to sell part of her farm several years ago and upon that sell she really took a beating because of the dirt track. She said she cannot sell her farm and it’s been on the market for years.

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“I cannot sell my farm and I don’t know what I’m going to do,” Staben said. “I will go to Raleigh if there isn’t something done.”

She encouraged everyone in the vicinity to go to the Polk County Tax Office and get their taxes lowered then go to Raleigh and get them lowered again because, “nobody wants our land.”

Commissioner Gasperson said Silver Creek residents have been talking to him and he had hoped the current board would be open to exploring a noise ordinance even if it’s minimal. He said any ordinance will have an impact simply beacause people will realize there is an ordinance which is better than having to get three citizens together to file a lawsuit. Gasperson also said the current board of commissioners implemented noise regulations for White Oak development, which isn’t even in existence yet and Silver Creek residents are having problems now.

“My question is, what’s wrong with exploring it?” Gasperson asked.

Commissioner Ted Owens said the standards for White Oak are in the development agreement. He asked county attorney Jana Berg if the county could just do an ordinance in the Silver Creek area.

Berg said the White Oak development agreement has noise standards as a concession and developers agreed to accept the noise standards. She said White Oak is in a zoned area while Silver Creek is not.

Commissioner Pack said he feels for Silver Creek residents but at the same time it’s going to be hard to come up with a noise ordinance that’s not going to impact other people in a negative way.

Gage said he talked to a lot of people and they don’t want a noise ordinance.

“It’s other people that don’t want to be affected,” Gage said. “It’s not just about one community we’re talking about, it’s about the whole county.”

Gage said he does want to help Silver Creek residents and thinks through law enforcement research the county can help them out.

During citizen comments at the end of the meeting, William Day said he was impressed with how commissioners handled the noise ordinance discussion. He said the board didn’t buy into the hysteria and create an ordinance immediately, but rather understood that there are 18,000 to 19,000 people in this county.

“You thought about the other people and you wanted to solve their problem and hopefully there is an answer to their problem,” said Day.