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ZZUNUSED
Noise ordinance amendment tabled
HUNTINGTON -- The Cabell County Commission agreed to table a decision on amending the county's noise ordinance.
Commissioner Scott Bias supports the ordinance, but said it's been a "nuisance" itself since passage in April 2006. Some residents have invoked the ordinance in efforts to vent frustrations with business and construction, such as development of a large industrial park in Lesage.
Bias is trying to thwart those efforts with an amendment, which exempts any "business activity" from ordinance. Retail sales, manufacturing, fabrication, erection and repairs fall within its definition.
Commissioner Nancy Cartmill asked for more time to consider the amendment. She believes the language is too subjective and should not exempt all businesses.
Cartmill opposed the ordinance in April 2006. The idea was initially offered as a way to discourage loud parties, but proponents quickly used it to complain about a motocross track in eastern Cabell County.
Cartmill and Bias agree, in its current form, the ordinance creates enforcement problems for sheriff's deputies. Cartmill said she doesn't believe Bias' amendment will ease problems.
"I kind of think we're using a noise ordinance to control zoning, and that bothers me too," she said. "We don't have a zoning ordinance in the county, and I don't think you can use a noise ordinance to take care of where businesses can and cannot go."
Attorney William T. Watson said the ordinance will always be subject to interpretation.
"If you're in court all the time trying to defend your position, you might initiate some further consideration as to whether it's worth it or not," he said.
Despite her opposition, Cartmill said she is not calling to repeal the ordinance.
