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LEHIGH VALLEY WEATHER

Board discusses nuisance of noise

Whitehall Township Board of Commissioners got an overwhelming number of complaints about loud music from a recent 4x4 jamboree at Fullerton Memorial Playground, prompting officials to discuss the possibility of a noise ordinance.

Fullerton Memorial Fair’s Facebook page advertised the event as Purge: 2 Car Meet, held Aug. 25.

Mayor Michael Harakal Jr. said the music was so loud the manager of Kohl’s, in Whitehall Mall, told him it chased customers out of the store.

“We all received complaints about music blaring from 3 to 10 p.m.,” Harakal said during the commissioners’ workshop meeting Sept. 4.

He said Whitehall Police Department had been called.

According to Commissioner Joseph Marx Jr., the noise came from the “super sound systems” in the vehicles.

Harakal said, at one point, the vehicles all tuned their systems to the same radio station and played very loudly.

“It was a public intrusion,” he said.

Marx said he heard from Neil Ehrlichman, a member of the township’s planning commission who attended the event. He said Ehrlichman apologized profusely for the noise and promised it would not happen again.

Marx said the event was a fundraiser for Fullerton Memorial Park and Playground Association and raised $4,000 for the park.

The park had a permit for the event, according to Marx.

“We totally side with the residents, but something good came out of it,” Marx said.

“We have respect for the organization,” Harakal agreed. “I think this was an anomaly, and we accept it won’t happen again. But that doesn’t eliminate a need to have a conversation about this.”

Harakal said the township had unsuccessfully tried to enact a noise ordinance when he was township executive previously, but he said the township should look at the issue again.

“People are unhappy and eager for us to do something,” he said.

However, commissioners expressed concerns that a noise ordinance would be difficult to enforce and would be subject to legal challenges.

Board Vice President Philip Ginder warned if sound meters are used to measure noise, they have to be constantly calibrated, and the readings can be challenged.

“I was told you lose more than you win,” he said.

Marx agreed he had heard from municipalities with noise ordinances that there are frequent challenges to citations.

“It’s frustrating,” he said.

Board Secretary Thomas Slonaker said the township could consider a nuisance law rather than a noise ordinance.

Marx added a nuisance law would leave more to the discretion of police.

“The police could determine whether or not something is a public nuisance,” Harakal agreed.

Commissioners agreed to further discuss the issue at the township’s legal and legislative committee meeting.

The board also discussed amending a zoning ordinance that would allow more affordable housing.

The amendment would expand the areas of the township where developers could adapt vacant commercial buildings into affordable housing to include buildings in C-1 and C-2A districts. The districts are commercially zoned and allow for mixed-use projects.

Lee Rackus, bureau chief of planning, zoning and development, said the proposed change would only affect a small number of properties.

Commissioner Jeffrey Dutt said he planned to vote no on the amendment.

“I have an objection to this whole thing,” he said.

Commissioners will vote on the amendment to the ordinance at the board meeting Sept. 10.