‘Communications fumble’: Beaufort County considers controversial noise law again
Less than two months after Beaufort County Council passed a controversial ordinance that allowed sheriff’s deputies to issue penalties for drivers who rev their vehicle engines or emit “obnoxious” noises, the law is back on the table in revised form.
The county’s community services committee will discuss Monday whether to repeal the ordinance and opt for broader rules that don’t specifically target drivers.
Called Friday, Beaufort County Sheriff PJ Tanner said the original ordinance passed by council was “too wordy” and watered down with too many exceptions.
Though the passage of the rules in October came as a result of citizens who complained about loud vehicles near their homes, others in the community said it was too broad and could allow police to target certain types of drivers, such as motorcyclists. Council member Mike Covert, who voted against the ordinance, called it “arbitrary and capricious.”
Council’s potential repeal of the ordinance is the result of a “communications fumble” between the elected body and the sheriff’s office, Tanner said.
“When I saw their version of it, there were many things that were inappropriate,” Tanner said. “One of the things that was inappropriate was the dictation of County Council that the sheriff would enforce it. They cannot dictate any action by the sheriff. That’s my discretion ... Don’t tell me how to enforce it.”
Just one day after the ordinance was approved 9-2 in October, Sheriff Tanner told The Island Packet and Beaufort Gazette he had not seen the rules and didn’t even know council was considering it.
“I don’t know enough about the ordinance because we haven’t been a part of the creation of it,” he said then. “I would’ve loved to have been a little more involved so we could look at it before it was signed.”
The sheriff said he would have to review the rules and had questions about whether the ordinance was even enforceable.
Two weeks later, Tanner sent Beaufort County Council Chair Joe Passiment a completely revised version of the rules that penalizes all “loud, obnoxious, unnecessary or excessive” noises, not just vehicle noises.
Tanner’s revised rules are less specific about what types of noise are considered “obnoxious.”
“The old [ordinance] has, what we consider, flaws in it,” Passiment said. “When you’re talking about a noise ordinance, noise is not just vehicles. It requires decibel levels. So, we removed the source of the noise and let the sheriff determine, based upon a decibel level at two different times of the day,” what is an obnoxious noise.
According to the draft ordinance, which was edited by Beaufort County, noise that disturbs the “peaceful enjoyment of private or public property” and exceeds 50 decibels between 11 p.m. and 7 a.m. is in violation. Noise that exceeds 70 decibels from 7 a.m. to 11 p.m. violates the ordinance.
However, Tanner said he needs “more clarity” about those decibel levels and how to measure them. He also said he recommends changing the time frame to 6 a.m. to 10 p.m.
If a magistrate finds someone has violated the ordinance, the violator will be guilty of a misdemeanor, subject to a fine and/or 30 days in prison, according to the draft ordinance.
Unlike the ordinance approved by council in October, the new draft ordinance has only three exceptions:
▪ The “sound of freedom” from airplanes at Marine Corps Air Station Beaufort
▪ Vehicle horns
▪ Emergency vehicles
Because the new ordinance requires deputies to measure noise levels, the county will have to pay for decibel readers. Tanner said he thinks it will cost about $80,000 to equip every officer.
The county’s community services committee is expected to consider the new ordinance during its virtual meeting at 2 p.m. Monday. If it passes, it will then go before the full council for final approval.
