FENWICK ISLAND – Officials in Fenwick Island agreed to have a resort committee review the town’s noise ordinance, but not before considerable debate on the elimination of time constraints.
Late last month, Councilwoman Janice Bortner presented the Fenwick Island Town Council with a recommendation to have the town’s charter and ordinance (C&O) committee consider removing time constraints for the enforcement of noise ordinances. She noted that while the town code states an enforcement time of midnight to 8 a.m., she said members of the town’s residential concerns committee wanted to see it removed.
“I don’t think it would hurt to look at the noise ordinance, but the main focus is the time constraints of enforcement,” she said. “In there, it says the enforcement is from 12 midnight to 8 a.m., and we’re saying we don’t feel that’s necessary … It should be all the time.”
Mayor Natalie Magdeburger said she took no issue with the town’s charter and ordinance committee reviewing the noise ordinance but said she had concerns about removing the time constraints.
She pointed out that the town’s noise ordinance is enforceable at any time of day.
“I think it is all the time but it is of particular importance from 12 a.m. to 8 a.m.,” she said. “I would be fearful of removing the time.”
Bortner agreed, noting that she had talked to the police chief to confirm that the ordinance could be enforced at any time. However, she said removing the time constraint would clarify the issue.
“It wouldn’t matter if it was 12 in the afternoon or 12 midnight …,” she said. “The understanding is you would have to abide by these noise ordinances, it doesn’t matter what time of the day it is.”
Magdeburger, however, said she could not support the recommendation.
“I don’t want to get into a situation where we are weaponizing our noise ordinance,” she said. “I think that’s a dangerous place for anyone in Fenwick to be because it is a community that prides itself on outdoor activities, and outdoor activities engender noise … I think the way it’s written now can probably be tightened up, so that there’s more clarity for our officers in terms of enforcement.”
Councilman Richard Benn agreed. He argued the time constraint was important.
“I’ve got a neighbor that’s putting in a pickleball court. I’m not very excited to be listening to it, but that doesn’t mean I can weaponize it,” he said. “He’s going to enjoy his pickleball court, and I’m going to have to listen to it, and that’s fine. Now if he wants to do pickleball at midnight, then he’s going to have a problem.”
Bortner said the residential concerns committee had wanted the town to review the noise ordinance in its entirety, but specifically brought up the issue of the time constraint. She argued eliminating the language would make it easier for residents to understand and officers to enforce.
“I guess it’s just to put more teeth in the ordinances so that there’s no question,” she said. “Someone could come back and say, ‘Well it says from 12 to 8 in the morning.’ Well, if you are disrespectful of your neighbors, and it’s causing an annoyance and inconvenience to the public near that house, then it gives it a little more teeth.”
Police Chief John Devlin told the council the ordinance as currently written was enforceable, no matter the time of day.
“If we have an occurrence with an electric guitar at 3 o’clock in the afternoon, we can put an end to it …,” he said. “We have discretion as police officers, 24/7, even if there’s a caveat in there from 12 to 8. Of course, it’s more egregious if it’s midnight than 3 in the afternoon.”
He noted, however, that he supported a review of the town’s noise ordinance.
“It doesn’t hurt to look at it in C&O and check out the wording and see if we can make it a little tighter,” he added.
Magdeburger agreed.
“Certain activities that may be fine at 3 o’clock in the afternoon are maybe not so fine at midnight. That’s where I’m concerned about the wording of your motion,” she said. “If it’s to look at the whole issue, I’m all in. But if it’s specifically to delete the timeframe, I think we give up that ability to make sure between midnight and 8 a.m. that we can sleep, that it’s a quiet community.”
After council members shared their concerns about the wording of Bortner’s motion, Bornter amended the motion to have the charter and ordinance committee simply review the town’s noise ordinance. The council then voted 6-0, with Councilman Ed Bishop abstaining, to approve the amended motion.
“I think cutting out the time would have adverse consequences none of us would want,” Magdeburger said.
For his part, Bishop said he opposed any changes to the town’s noise ordinance, as he had no complaints with the current wording.
“I don’t want to create work for the group unnecessarily,” he said.
Magdeburger, however, said the charter and ordinance committee will simply be tasked with reviewing the ordinance.
“We’re not actually passing anything at this point,” she said.
