Aiken City Council considers amendment to city noise ordinance

Jan. 11—Aiken's noise ordinance could soon see some changes.

Aiken City Council discussed an ordinance during its Monday meeting that would amend the "noise" section of the City Code.

The changes would include extending "daytime" hours within the downtown business zone district one hour later to 11 p.m., instead of 10 p.m., with all other areas of the city remaining at 10 p.m.

This means that residents could request noise variances for events with live music and/or amplified sounds to last an hour later than is currently permitted, though such requests would still be subject to review and approval by city staff and are not guaranteed approval.

The current noise ordinance defines daytime hours as being between 6 a.m. and 10 p.m. Monday through Saturday, and between 9 a.m. and 10 p.m. Sunday.

In the new proposed ordinance, daytime hours would be between 7 a.m. and 10 p.m. Monday through Saturday outside of downtown. Sunday hours would remain 9 a.m. to 10 p.m.

The ordinance lists as permissible activities during daytime hours construction and property maintenance activities, including landscaping and lawn care.

The proposed ordinance prescribes different decibel levels for daytime and nighttime hours, and includes a list of prohibited noises and exemptions.

In terms of enforcement, Mary Catherine Lawton, assistant city manager, noted that there is language stating that the noise doesn't necessarily have to cross a decibel level to be considered a violation. An officer could use his or her own discretion with consideration for such factors as volume, intensity and duration of the noise.

"There's flexibility there for an officer to go into the field and investigate and make a finding," Lawton said. "There's also language for said officer to use a sound level meter (to) go and determine that the noise is excessive."

This change is being considered as council desires "to see our downtown embrace a larger residential component while recognizing that a different expectation of noise exists as opposed to residential properties in a more traditional neighborhood setting," according to agenda notes.

Agenda notes also state that the draft of the revised noise ordinance was shared with interested stakeholders, including the Aiken Council of Neighborhoods and the Aiken Downtown Development Association, "both of whom were supportive of the proposed changes."

The first reading of the ordinance passed unanimously, 6-0. Councilwoman Andrea Gregory was absent from the meeting.

Council amended the measure Monday, to ensure it would go into effect in April, should it pass. The extra time would allow for public education and outreach, members reasoned.

Residents who would like to watch a recording of the meeting can visit the city's Youtube page.