ATV noise prompts ordinance revision in Johnston

Todd Erzen

Recent resident complaints about the noise made by all-terrain vehicles will lead to a revision of Johnston's noise ordinance.

"Ours isn't very effective," said City Administrator Jim Sanders.

Police Chief Bill Vaughn said Monday that the current ordinances for handling noise complaints are too subjective. He and Sanders agree that setting specific time frames for when some noise-producing activities can take place would better serve the public.

A similar ordinance in Urbandale is being used as a model by Johnston officials. It specifically identifies noise categories such as off-road motorcycles and recreational vehicles, construction and lawn and garden equipment along with the windows of time when sounds from those activities are allowed.

"The property owner needs to be able to go out and enjoy (ATV use) without adversely affecting the neighbors," Vaughn said. "It is a time-and-duration issue that has to be fleshed out."

Urbandale's noise ordinance relating to ATV use prohibits sound made on private property or city-owned property, other than public right of way, from being heard at residential properties from 9 p.m. to 6:30 a.m.

Linda Evans, who lives on Northwest 100th Street, said that the noise from nearby ATVs has pestered her all day long some days this spring.

She thanked the council on Monday for addressing the issue while asking it to pay specific attention to the amount of time that a particular noise can be made during a particular day.

"I can't think of a time we've had a lawn mower or a leaf blower running for eight hours" like the ATVs, she said.

Monday's noise ordinance discussion took place during a work session. City staff now will set to work on crafting ordinance modifications that will be presented to the council for a vote at a later date.

Current noise ordinances in Johnston

Three sections of the city code that deal with noise are:

Public peace, chapter 40.03: Disorderly conduct noise, which prohibits "loud and raucous noise in the vicinity of any residence or public building which causes unreasonable distress to the occupants thereof."

City park regulations, chapter 47.18: States that other than city-sanctioned events, "no person shall conduct an activity or produce any noise (in city parks) that is excessive or disruptive to other users of the park or to adjacent property owners."

Nuisances, chapter 50.02: Prohibits "any sound which disturbs humans or which causes or tends to cause an adverse psychological or physiological effect on humans."

--

Source: Des Moines Register

---

Add this page to your favorite Social Bookmarking websites