Hayesville Town Council hears plea for noise ordinance

By Lorraine Bennett

Staff Writer

 

Whether the town should have a noise ordinance was a question posed to the Hayesville Town Council at its regular Monday evening meeting.

Glen Marcel, retired attorney and former member of the Hayesville Planning and Zoning Board, first congratulated the council on its sunshine approach to open meetings, then posed the question which council members indicated they would discuss with the town attorney, Paul Lipof.

Marcel said he lives in the extra-territorial jurisdiction and on several occasions has heard an AK-47 and other weapons being discharged near his home.

“I called the police and they said he, the shooter, has the right to do this,” Marcel said.

Councilman Austin Hedden said a law was on the books that a weapon could be discharged in town.

Marcel asked the council to consider a simple noise ordinance, for example, one that would prohibit disturbing the peace or causing unnecessary noise clearly audible for more than 75 feet from the source. He said some jurisdictions confine such ordinances to hours between 10 p.m. and 9 a.m.

The council mulled over the issue for several minutes, observing how enforcement of a noise ordinance would be an issue since the town has no enforcement mechanism.

Hayesville Mayor Joe Slaton said he will be discussing the matter with the town attorney soon.

The council discussed but took no new action on the issue of animal control for the town of Hayesville.

Councilman Harry Baughn said the incoming sheriff, Mark Buchanan, is willing to consider this issue. Years ago, the town adopted Clay County’s animal control ordinance but the commissioners are reported to be working on a new ordinance.

Slaton said the town will wait to see if the county adopts a new or updated ordinance.

The council did approve making a dumpster available for town of Hayesville residents during fall clean-up. Setting up the dumpster cost about $400 last year. This service was offered to town residents only and a mailing will announce the time and place when the dumpster can be used.

Council members approved the town’s 2022-2032 land use plan. It will be available for reading on the town’s website soon.

The town has followed the county’s public stance prohibiting cryptocurrency mining anywhere in Clay County. The council will hold a public hearing on crypto mining before its next regular meeting on Monday, Sept. 12.

Since the town’s public hearings are sparsely attended, the council voted to hold future public hearings beginning at 6:30 p.m. with the regular council meeting to follow directly afterward. Previous public hearings had been scheduled for 6:15 p.m.

During the public comment portion of Monday’s meeting, volunteer Sandy Zimmerman reported on the Small Town Main Street program and the success it has achieved during the past nine years.

She said 19 new full times jobs and 14 new part-time jobs were created in the downtown area during the past fiscal year. Six new businesses opened downtown. One has closed but that still leaves a net gain of five and three businesses have expanded, she said.

Public and private investment in the town totaled more than $3 million during the past fiscal year. However, Zimmerman said public investment was less than the previous year. Still, 7,493 volunteer hours contributed to downtown, “the most we’ve ever had,” she said.

After its regular meeting, the council met in closed session to consider making an offer on a piece of property.