TOWN COUNCIL MAJORITY OFFICE
ORDINANCE COMMITTEE
SEPTEMBER 14, 2010
PRESENT Chair Rich Kehoe and Councillor Eric Thompson
ABSENT Councillor Bill Horan
ALSO Melody A. Currey, Mayor
PRESENT Denise Horan, Town Engineer
Mark Sirois, Chief of Police
Pat Harmon, Town Councillor
Mr. and Mrs. Todd Matthews, 81 Central Avenue
Susan Kniep, 50 Olde Roberts Street
Don Sugalski, 1736 Main Street
CALL TO ORDER
Chair Kehoe called the meeting to order at 6:00 p.m.
APPROVAL OF MINUTES
July 21, 2010 Meeting
MOTION By Eric Thompson
seconded by Rich Kehoe
to approve the July 21, 2010 Ordinance Committee minutes.
Motion carried 2/0.
OPPORTUNITY FOR RESIDENTS TO SPEAK
None
OLD BUSINESS
Stormwater Ordinances
The Chair explained the need to adopt a stormwater ordinance in order to comply with state and federal law that requires towns to have an enforcement mechanism for preventing illegal discharges into the stormwater system. Town Engineer Denise Horan discussed the state law requirements that are contained in the state general permit for stormwater which also contained a model ordinance. The Chair expressed concern that the model ordinance was too lengthy; adoption of the ordinance, as is, would cost the town over $1,000 just to publish the ordinance. The Chair also expressed concerns that the model ordinance contains a lot of provisions that are unnecessary in light of other existing ordinances and state laws. Ms. Horan provided the Committee with the state’s general permit for review. The Chair will work on
a draft of a revised stormwater ordinance and provide the Town Engineer and the Corporation Counsel with a draft for comment ahead of any future ordinance Committee meeting. Ms. Horan noted that the town will need to have adopted an ordinance in time for inclusion in the January 2011 report of the town to the State Department of Environmental Protection. The Chair assured Ms. Horan that the Committee would meet that goal.
Noise Regulations
Chief Sirois explained the general response of police to noise complaints, noting that town ordinances require notice to the violator prior to any penalties being assessed. Therefore, enforcement of a state law is much easier for police to enforce than a town ordinance. Chief Sirois indicated, with regard to muffler and other non-music noise emanating from a vehicle, that state law has requirements for mufflers and for other equipment – which allow the police to issue an infraction. The police can also require an inspection by the Department of Motor Vehicles as part of the penalty. The Chief will provide the Committee of an example of the ticket and the check box.
The Committee then reviewed the local noise ordinance with regard to amplified music. The Chief noted that the police have decibel meters and ample regulation for that noise. However, because the ambient noise in any one spot in East Hartford has not been recorded, it is difficult for the police to use a decibel meter and determine that the noise is exceeding the general ambient noise for that area. Chief Sirois suggested that certain areas in town be “mapped”, so that the police know what the ambient noise level generally is in that area at particular times during the day and night.
The general conclusion is that state laws are preferable for enforcement. Additional town ordinances are probably not required at this time. Councillor Thompson provided a copy of an Atlanta ordinance which will be forward to Chief Sirois for his review and comment. The Committee noted that the Atlanta ordinance, if useful, may be more enforceable if adopted as a state law. The Committee will continue to discuss this issue.
ADJOURNMENT
MOTION By Eric Thompson
seconded by Rich Kehoe
to adjourn (7:00 p.m.)
Motion carried 2/0.
cc: Town Council
Mayor Currey
Mark Sirois, Chief of Police
Billy Taylor, Director of Public Works
Denise Horan, Town Engineer
Rich Gentile, Assistant Corporation Counsel
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