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Trustees give police bigger stick for managing parties

AUSTINTOWN — Police now have the authority to shut down events that are flagrantly violating the township’s noise ordinance.

Trustees passed a revision to the ordinance at their regular meeting earlier this week that will allow officers responding to complaints at any establishment with a Class-D liquor license to issue and enforce cease-and-desist orders.

Township Administrator said the revision was recommended by the Mahoning County Prosecutor’s Office.

“Those kinds of ordinances we usually take from the Ohio Township Association or similar organizations,” he said. “And that new revision was something the prosecutor’s office felt would give our police more authority to act while on scene.

D’Apolito said the authority to issue cease-and-desist orders, effectively shutting down an event or temporarily closing a business for the evening, will help the township to gain better control over flagrant or repeat violators.

In recent months, the Zodiac Club Lounge and Grill on Four Mile Run Road has been the subject of police scrutiny for repeated noise violations, safety concerns, liquor permit violations, fire code violations and other offenses. D’Apolito and Police Capt. Tom Collins said they also have had trouble at El Cowboy Mexican Restaurant in Wedgewood Plaza, including a concert in the summer that refused several warnings by police to lower the volume.

“The qualifying condition here is that they’re a liquor permit holder and that gives us the additional authority that you would not otherwise have, so now our police can shut down the event,” D’Apolito said.

Collins said the ordinance originally came into effect July 9, 2018, through two resolutions passed by trustees. It applies to “unreasonable noise” that exists on the property of Class-D liquor permit holders and residential neighborhoods.

“The noise must be plainly audible at a distance of 100 feet or more from the property from which the noise emanates,” Collins said.

He said the ordinance is only enforceable from 10 p.m. to 6 a.m. Sunday through Thursday, and 11 p.m. to 6 a.m. Friday and Saturday.

While D’Apolito said the revision to the ordinance is largely dependent upon whether sound amplification, or loudspeakers, are involved, Collins said there are still caveats within the original ordinance that allow police to stop loud activity.

He said the ordinance specifically mentions “yelling shouting, hooting, whistling, singing,”as well as instruments, engines and gunfire. Collins said the department does not intend to be heavy handed unless it becomes necessary.

“We would go in, and make the business owner or manager aware of the violation, and let them know it needs to be addressed immediately,” he said. “We will make them aware and give them that courtesy, but if they don’t comply then we’ll come back and issue a citation. And that is a second-degree misdemeanor, so they must appear in court.”

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