By Lloyd Sherman, April 11, 2021
You would think that with all the research and reading I have done over my time in Hot Springs Village, I would have some inkling of what the Village’s stance was on noise levels. And I did have knowledge that we had adopted the Saline and Garland County ordinances on noise control. As is not uncommon with anything having to do with regulations or ordinances, I had no extent how far these noise issues went or how you would even find out about them unless you had a need to know. Mine was due to a visit from a police officer.
The Backstory – On March 22 we had a handyman and his crew working in our yard performing our spring cleanup and tree pruning. It was getting dark and they were still working. Craig came to the door and said that a police officer had stopped by and informed him that they were working past 5 PM and that they were in violation of the Noise Ordinance. I had no idea the police officer was here so I got the information second hand from Craig. When he told me why they had been told to stop, I said that can’t be and that I had never heard of noise enforcement that early in the evening. So, the next day I reached out to the POA and asked where the documents were that supported the noise ordinances as I couldn’t find them on our POA website. They were provided to me and both Saline and Garland County are attached for your reading pleasure. As I knew the POA had adopted these ordinances several years back, I knew the information Craig had heard wasn’t accurate. And as I had recalled the ordinances they do address noise levels from 10:00 PM to 6:00 AM, which for an active lifestyle community, seems appropriate.
For those of you who follow the Police Report in the Voice may have noticed a report for March 22 that stated “A work crew on Pasillo Way was told it was working after hours at 7:54 p.m.” That raised my curiosity as this now stated this was a “work crew” which sounded like they were being viewed as POA employees. I decided to reach out to Chief Middleton to see what I was missing, which I will address in a minute. I figured as I was reaching out, I also wanted to know who had filed the complaint, because I just knew none of my neighbors would do something like that and have would come to me directly if they had an issue. Wrong.
The Rest of the Story – So let’s finish up the Police Report portion before I get into the reason for my post. I went to the Police Department and received a copy of the 2-page report after I paid them $6.00 for the report. So, my first surprise was there was a fee associated with this service. I don’t know why I was surprised but during the fee schedule process this last year, I don’t recall any discussion about fees for these types of services. I wonder if this post will stir the Future Funding Task Force to provide us yet another report on how costly it is to run the Village? But I digress. Chief Middleton and his staff were very accommodating and pleasant with following through with their duties and I thank them.
The two-page report has a Dispatch note that states at “19:24 hours contractors using chainsaws to cut down trees after hours.” I find this interesting as there was a diseased tree cut down several days before, but on this day they were using a gas pruning device to remove some limbs, etc. and not chain saws. That statement was on page one. Then on page two (labeled POA Violation) it continues to say: “On March 22, 2021 at approximately 1954 hrs. (Officer Musler) was dispatched to 7 Pasillo Way in reference to a policy violation. Dispatch advised of subjects working past POA work hours. Upon arrival, contact was made with Craig McCreary. McCreary was advised of the policy and stated he was unaware and immediately stopped working.” So you can imagine my confusion by this point, as Craig told me that the officer said it was a noise violation and it turns into a violation stating we have POA work hours that need to be followed.
Again, Chief Middleton was very helpful and here is what he sent to me and also attached is a document I had never heard of or seen: ” The attached document is from the Planning and Inspections new home packet with construction worksite rules. In his response to me to get clarification on exactly what the violation was and where it was documented, here is the information he provided:
“Also, the county ordinances states:
Unreasonably loud noises and disturbance of the peace; prohibited.
(a) The causing of any unreasonably loud and disturbing noises of such volume or duration as to be detrimental to the life or health of any individual, or to disturb the public peace and welfare is prohibited.
(b) In addition to the disturbances set forth in subsection (a), the following are specifically prohibited: the playing of any radio, stereo, music reproduction system or musical instruments in such manner or of such volume, particularly between the hours of 10:00 p.m. and 6:00 a.m., as to disturb the peace and quiet of residents; and sustained engine noises.
(c) It shall be unlawful for any persons, firm or corporation to allow barking, howling or other nuisance behavior. It shall be unlawful to keep on premises or allow to run at large any dog which by loud and frequent barking and howling shall disturb the peace and quiet of neighbors.
Under section (a) the time of day is not a requirement.”
Chief Middleton went on to say he would get with his officers and ensure they were stating the correct information.
Teaching Moment – Over the years, many of us have supported something akin to “Town Halls” where information can be shared with property owners as well as distributed via eBlasts. I believe even the GM should be giving monthly presentations to the property owners on what is going on and what rules and regulations need to be followed. Our eBlasts are very boring and pretty much cover the same thing every week. Spice it up and add some “where’s the beef”. Property owners don’t know what they don’t know because they generally can’t find the information. Something of this nature should spur someone into the action of informing property owners and educating them on what rules or processes they should be following. There is not enough of that going on and those of us who wanted more communication continue to have to learn on a trial basis. There has to be a better way to open up communications with the property owners.
Noise Ordinance Garland County 0-05-19
Noise-Ordinance-Garland-County-0-05-19* * *
Construction Work Site Rules HSVPOA
Construction-Work-Site-Rules-Hot-Springs-Village-POA* * *
Ordinance No. 2008-19 HSV Noise Regs Saline County
Ord.-No.-2008-19-HSV-Noise-Regs_Saline_County* * *
Thank you for reading. If you like, please comment below. We love to hear your opinion, but comments must be made using your first and last real name, or they will not be accepted. If you would like to submit an article for publication, please contact us through this website. Be sure to bookmark this website. Click here to visit the Hot Springs Village People Facebook Group, also known as POG (Property Owners’ Group).
Bruce Limozaine
04/11/2021 — 1:27 pm
I still do not understand. Why is a chainsaw or tree limb pruning devise not allowed at 7:54 pm. If it is loud then it certainly is loud at anytime bore that – so can someone file complaint anytime under the section.
Vicki Husted
04/11/2021 — 2:44 pm
OMG! Could this BE any more convoluted?? There’s a lot here that I’d really like to rant about, but I shall refrain (at least for the moment).
Just please tell me, Lloyd, that they are NOT planning to fine you $500 (or any amount) for this ridiculuous mess.
Lloyd Sherman
04/11/2021 — 4:49 pm
No fine, but what I find odd is that I to this day have no idea what regulation was broken. None of what I read or heard from the Chief apply to my situation. They probably should have quit about 7:30 anyway as they were going to have to come back due to darkness coming on. Just very confusing and I hope no one else has to deal with what someone thought was an infraction. And yes, if a complaint comes in, our folks are bound to check it out.
George Hathaway
10/28/2021 — 5:26 pm
Yes Lloyd the reason you can’t find anything to back up your situation is cuz Middleton was lying to you. As he lies to his officers making them falsify information to the public. As the village POA works together with them( the police)…. lying to the public…. I just had eight or nine of those noise ordinance citations that I had to go to court over . they’re looking at 6 to $7,000 charging me for. But I did my homework and was able to go into court of law without an attorney and have every one of them thrown out. The POA and police department are nothing but a bunch of control freaks that are manipulating the Declaration, protective Covenants, bylaws, rules and regulations, Etc. There is a noise regulation in Saline County part of the village there is not and darling if you go back and read the ordinances this is where they’re cute they never adopted nor requested from Garland County Quorum Court. Read the language for Saline County then read the language for Garland County all they did was post the actual Garland County noise ordinance it’s not a separate ordinance for Hot Springs Village it clearly states number five of the Garland County ordinance there’s a land governed by that ordinance in Garland County only apply to the unincorporated parts of Garland County. As you I hope well no the villages is Incorporated. I have a lot more to say just not at this time but in the near future I will need all the assistance I could possibly get thank you. Sincerely George Hathaway
Lloyd Sherman
10/28/2021 — 6:07 pm
George,
I am sorry to hear about your trials and tribulations. It only takes one bad apple to spoil the barrel. Getting a citation for running a power generator is carrying any noise ordinance way too far. When the power is out in our area, I hear several generators going. If you need support on this issue, I’m with you. Just let me know how I can help. This is another bridge too far!
Mike Lane
04/11/2021 — 11:46 pm
Does Section 2 of the Saline County ordinance and Section 2 of the Garland County ordinance, “sustained engine noises”, include home emergency generators? I always hear at least one running when the electrical power goes out.
Lloyd Sherman
04/12/2021 — 9:43 am
Mike – Good point. Reading the ordinance if it happens after 10 PM then you could call and file a noise complaint I guess. In our case, I can’t find any violation that occurred according to the documentation, but I thought it would be helpful if property owners knew the conditions under which they could file a complaint. The reality is that the crew working in my yard should probably have known it was getting late and stopped on their own. And then I have some responsibility in the process as I should have gone out to tell them it was time to turn their machines off. Just another lesson learned in HSV by trial and error, which is my real gripe.
George Hathaway
10/05/2021 — 6:56 pm
Have been without power which is force me to use my generator. The police department has cited me seven or eight noise ordinance violations. I have no immediate neighbors closest one is 145 yards away uphill with full foliage and my generator is placed in front of my house facing the opposite direction of the closest neighbor. Do you have any input or any information helpful mycase
HSVP C
04/12/2021 — 9:05 am
We love to hear your opinion, but comments must be made using your first and last real name, or they will not be accepted. – Cheryl Dowden
Jim and Sandy McPherson
04/12/2021 — 11:32 am
Common sense seems to be missing in this “misapplied ordinance”. This is another case that may present a look at various and sundry items of discontent of the citizenry of HSV, regarding governing factions who overlook the will and the fair treatment of their constituents. The main culprit here seems to be POWER.
Susan Posner
04/15/2021 — 12:43 am
Lloyd the past couple years noticed the excessive traffic on De Soto creating excessive noise pollution day and night with loud engines racing through, squealing tires, car back fires, for those who don’t have house too far or lot of woods to buffer from. Yet police don’t fine them as it continues to point think I’m back living in metro Orlando. Passing suggestion before I am gone; present resident signatures through petition on anything owners want board to address and change. Board should be petitioned by owners their concerns as that’s part of their fiduciary duties that they can be sued or recalled for violating. board meetings don’t cut it nor do committees or so called board appointed task forces. Remember as association owners are reason it exists, board is solely responsible to owners through fiduciary duties that if not met are liable for class action suit or recall. Management is not fiduciary duties but hired employees and are board directed. Since owner don’t get to vote on huge expenditures, If all else fails then opt for municipality or divide into a couple poa based on areas in here under umbrella of HSV.The guards only restrict your guests, charge entry fee for access by owners and contractors they hire, all public is given a free piece of paper to access the public commercial, professional, churches and the separate amenities that are sold to public and residents alike. Crime is not deterred by guards, police are doing that as well as fining for asinine rules made by a few. Assessments are for services of roads, fire, common land taxes, buildings and employees. Utilities are separate charges. Amenities are not included and are separate charged that like the commercial it’s a sink or swim, not an owners liability. Too many amenities not enough paying use, residents aging, younger not interested, people buy for the lower costs and taxes from higher cost states to retire better. Most are modest priced homes with far east with minority of more luxury priced homes. Deferred maintenance was a “red herring” for boards to use assessment for services to subsidize failing revenue for amenities to public that failed to get enough. Roads are sound, culverts mostly replaced, lakes dredged, most buildings are good except one, place looks better than most places. Private? Not so much anymore! Wishing someday peace and resolution for HSV
George Tolbert
04/19/2021 — 8:12 am
I with they could stop the dump trucks from jake breaking all the way down Maderas Drive at 6:30 in the morning.
drew chandler
01/01/2024 — 2:11 pm
Dang, what a silly thing to cry about. I bet trucks jake braked when bringing fill dirt and or supplies to your place huh. Happy New Year Grinch
Diane Bielanski
04/20/2021 — 7:01 am
Why does this issue seem so complicated? It seems fairly straightforward according to today’s Police Report in The Village Voice as follows: “An officer told a Bordellon Way work crew at 6:03 p.m. that work must cease at 5 p.m.”
HSVP C
05/01/2021 — 9:08 am
Diane, your example does not specify the type of work crew. I saw where rules said construction work crews must cease work early, but not lawn crews. If we make the lawn crews stop working early, then it also makes sense for the property owners to cease any noisy lawn work (blower, mower, edger, weed eater) early, if the reason for prohibiting the professionals from working is for noise reasons. This means a property owner who works a 9 to 5, Monday through Friday job, will not be able to come home and take care of his yard. I thought we were trying to be all-inclusive here in the village. This seems to be an anti-working person rule, if indeed it is actually a rule. – Cheryl Dowden
kieran illes
10/03/2021 — 11:56 am
Construction hours and noise. Construction hours in the village are shorter then anywhere else I know of. 6 to 6 isn’t terrible but 7 to 7 would be better for week days for winter and 7 to 8 during Summer bringing us inline with the rest of the country.
Kirk Denger
10/28/2021 — 8:59 pm
I have heard crews working at midnight on water main breaks and electric lines downed, is covering your roof replacement because a storm is coming any different?
Leesa
11/21/2022 — 10:11 am
The hours seem extremely lenient, and even excessive, to me.
It’s a very rude awakening to have ones needful rest interrupted when hoping to sleep past 7am! Isn’t this suppose to be a retirement community? Try sleeping until 8-9am when a neighbor decides to blow leaves at 7am sharp!! And, it’s unbearable for anyone not feeling well, or who has a headache.
To endure the high pitch sounds nonstop for 8 hours is extremely unnerving. At best, it’s a too loud, and at worse, it’s quite painful (it actually hurts my ears).
One of the most enjoyable aspects of living in the country/forest is natures serenity and peacefulness.
I came here for the beauty of nature and the hush never found in the city, as well as solitude to think (necessary for a writer, or anyone who works from home), yet, I’ve found the consistent noise pollution in the Village to be very disruptive, annoying and an ongoing source of stress.
The level of selfishness, inconsideration and immaturity of this complaint mirrors the sad state of the world.
Do you ever consider your neighbors? You expect them to be perfectly fine hearing your loud noise all day and night (“What’s a few hours more; they’ve endured thus far?”) The audacity! Have you ever considered they might like to sit outside on their porchswing, or eat dinner in peace? Have enough silence to actually concentrate on the book they’re trying to read? Or, have an intimate moment, a pleasant thought, or quiet conversation in the privacy of their own home without having to hear the loud racket droning on and on outdoors for hours on end? There’s no escaping it!!! Even the earplugs used for target practice do not silence it!!
Loud noise should be limited to 3 hours only, one day a week.
It’s torture to endure it hour after hour, several days in a row, week after week, because neighbors choose different times and days to blow. Personally, I think the leaf blowers should be banned; use a rake!
It’s scary that there is almost nowhere left where one can enjoy the quiet sounds of nature.
Just my humble opinion.