Large: 'Remove criminal penalty from noise ordinance'

By Lisa Majors-Duff

With that philosophy stated, county attorney Raymond Large recommended to members of the planning board that criminal penalties be removed from the county's noise ordinance.

Running with Large's recommendation, planners presented the suggested amendment to a diminished board of commissioner last week (Oct. 17). Neither Chairman Jay Denton nor Commissioner Franz Whitmire were in attendance.

Planning board members began their review of the noise ordinance in August at the request of Chairman Denton, who indicated then that parts of the 1991 document were "vague" and "not beneficial to the community." Longtime county residents had been cited for noise violations on complaints from neighbors more recent to the area, he said.

Planners met three times to discuss the ordinance, planning director Tamera Crisp told the board. In addition to meeting with attorney Large, planners heard from a noise specialist and Sheriff Jim Cruzan, who talked about how his office administers the ordinance.

Planning board members were not unanimous in their support for Large's recommendation, Crisp said, with Bill Lyons of Cullowhee casting the single "no" vote. "I think it makes a bigger mess," Lyons told commissioners. "I think you have eliminated the ability of the police to act as mediator."

If called to a location to investigate a noise complaint, law enforcement officers can assist with situations involving a neighbor-against-neighbor conflict, he said. "(The police) can issue a warning, saying next time they'll issue a ticket," said Lyons.

Under the penalty section of the ordinance, violations are said to constitute a misdemeanor punishable by a fine of up to $500 or imprisonment of no more than 30 days.

"It was my reasoning that if people have a serious problem, they should go to court," Large said.

Should commissioners chose to eliminate the criminal penalty section of the ordinance, a civil injunction would be the only legal route a person could take to stop unwanted noises. A violation of the ordinance could be declared "public nuisance," which is subject to a restraining order or injunction, the document says.

Additional discussion on the planning board's recommendation was tabled until the full board of commissioners meets again next month.

In other business Oct. 17, the three commissioners present - Vice Chairman Stacy Buchanan, Roberta Crawford and Conrad Burrell - voted unanimously to request that DeMoulin Bros. of Greenville, Ill., parent of Sylva's Ashley Co., repay in full the $190,000 it owes the county's Revolving Loan Fund.

DeMoulin was awarded the loan in 1999 with the understanding that the band hat and NASCAR jacket-manufacturer would supply jobs in the community. Company President Bill Marsden announced earlier this month that the Sylva business would be closed by the end of the year, putting some 55 employees out of work. Since the company's equipment was put up as collateral for the loan, Commissioner Buchanan requested that Sheriff Cruzan keep an eye on Ashley's operations until the loan is repaid.

"I'd hate to see that equipment put in a truck and hauled away," he said.

Before agreeing to a contract with HighetKracker Graphic Design, which would allow the Lumberton-based company to sell advertising space on Jackson County Transit vans, commissioners asked their attorney to include language in the document that would reserve a panel for county use. The county may wish to advertise upcoming community events or allow area non-profits to use the space, Buchanan said.

Instead of setting up a payroll deduction plan for county employees to use the Cullowhee Recreation Center, Buchanan suggested the facility be made available for free to these individuals and their families.

"Wouldn't we be helping ourselves if we let our employees use the fitness center for free?" said Buchanan, who pointed out the potential for cost savings with regard to the county's self-insured health benefits if employees have an incentive to be physically fit. Though all present appeared to be in favor of his suggestion, Buchanan asked that a decision be tabled for discussion by the full board.

T.J. Walker, owner of the Dillsboro Inn, spoke briefly to commissioners about his opposition to Duke Power's plan to remove the Dillsboro dam as part of its Federal Energy Regulatory Commission relicensing process.

"Dam removal is being forced on the community as a mitigation piece," Walker said. "It's not fair and it's not right."

Walker admitted to being concerned about the dam's removal from his own financial point of view, but added that such a move would be "an even greater threat to society." He promised to return to future commissioners' meetings to voice his concerns.

After hearing from Department of Social Service Director Bob Cochran about the process recently undertaken to update the county's Work First Plan, board members approved the new document.

Also receiving approval was a resolution in support of continued involvement with Smoky Mountain Mental Health and a resolution allowing the county to participate in a state program to collect back taxes and other bills through income tax refunds. Such collections through the N.C. League of Municipalities will cost the county $15 each.

Appointments approved included Alvin Stiles to the Revolving Loan Fund Advisory Committee and Mike Clark, Ira Jones and Richard Wilson to the planning board. The next meeting of the Jackson County Board of Commissioners will be 7 p.m. Thursday, Nov. 7, at the Justice Center.

Back to Archive: 10/24/02.