Macon passes noise ordinance
Macon County commissioners realize they can’t make everyone happy, but they hope some residents can now get some sleep with a nuisance noise ordinance in place.
Commissioners directed the planning board in September to draft a noise ordinance to specifically address complaints from residents about neighbors who were intentionally making noise in the middle of the night to interrupt their sleep.
“Whether you’re for or against it, imagine living in your home and having 3-foot speakers placed at the edge of your property blaring music with filthy language,” said Sheriff Robbie Holland. “And there’s nothing we could do about it because we don’t have an ordinance. We don’t create laws, we just enforce the laws.”
After hearing public comment on the issue for an hour at a recent public hearing, commissioners approved the measure 4-1 with Commissioner Paul Higdon against. Some residents wanted the ordinance to be stronger while others wanted it to be thrown out completely. The ordinance specifically prohibits nuisance noise, which was defined in the planning board’s draft as “loud, unnecessary and disturbing noise” that is intentionally created to disturb someone’s peace.
Some people, including James Burch, said they thought the ordinance should include protection from barking dogs.
“When did dogs get more rights than human beings?” he asked. “Something’s got to be done.”
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He said things had changed in Macon County — people are no longer miles apart from each other. With people living in such close proximity to each other, he said an ordinance was needed to allow everyone to live peacefully on their own property.
Kevin Champion said he had to deal with his neighbor firing up four-wheelers every afternoon and riding them back and fourth on the road near his home. On the weekends, he said his neighbor cranks up the radio in his truck as loud as it will go, which disturbs his peace and quiet inside his home. He urged the commissioners to address those problems in the ordinance.
Bob Kier said he had a similar problem with his neighbor playing loud music sometimes until 3 a.m. and law enforcement couldn’t do anything to stop it without an ordinance in place.
“Neighbors have a right to listen to music, but I have a right to privacy — he’s violating that privacy,” he said.
Kevin Tillot, Kier’s neighbor, said he purchased his property because it was unrestricted and all of the problems with his neighbor could have been avoided had he called him directly instead of calling the sheriff’s office to complain about his loud music.
Tillot said the nuisance ordinance should be placed on the ballot to let the people decide whether it is needed. He also questioned whether the sheriff’s office had the resources to respond to all the calls that would pop up because of the new ordinance.
“People will probably hire an attorney to try to overturn this ordinance,” he said.
Pat and Randall McCall, lifelong residents of Macon County, were both against passing any kind of noise ordinance.
“Y’all have been elected to represent 100 percent of the population,” Pat McCall said. “I have a problem with one-tenth of the population dictating what’s best for the other 99 percent.”
She said she understood the plight of the people who have to deal with disturbing neighbors but would like to see the ordinance be decided on the ballot by the majority of residents.
“This country was founded on freedom, and I hate to see those freedoms disappear because of a few people,” she said.
Commissioner Gary Shields, the liaison to the planning board, made a motion to approve the ordinance as written with the understanding that the board would examine the ordinance in another six months to see if it was fulfilling its intended purpose.
After commissioner Ronnie Beale seconded the motion, the board further discussed the ordinance.
Commissioners Jim Tate and Kevin Corbin said they were huge supporters of individual property rights but understood the need for some type of nuisance ordinance in place.
“I think most of the time less regulation is better but unfortunately that doesn’t work all the time,” Corbin said. “But the last think I want to do is keep people from doing what they want to do on their property.”
Higdon said even though he appreciated the work done by the planning board, he couldn’t support the ordinance because it would probably become more restrictive as things get added to it in the future.
“It’s hard to regulate bad behavior and I can’t support any more ordinances,” he said. “It’s just the way things are living in the country.”
County Attorney Chester Jones said there would need to be a second reading and approval of the ordinance at the next commissioner meeting before it could go into effect since the vote was not unanimous.
