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Saturday, November 2, 2013

Mountain Home Resident complains about Commercial Business Noise. City Council informs him that the Railroad does not fall under the jurisdiction of City Ordinance


Mark Reinhardt- Boise Idaho During a May 15th, 2013 meeting of the Mountain Home Idaho City Council, Willam James Jr. a resident of the City. Had complained to the City Council about a violation of the city's noise ordinance by a Commercial Business across the street from his residence. According to Google Maps, this is the location of the commercial entity,
View Larger Map James had mentioned the time frame tof the noise, explaining, "the company begins work at 5:00 A.M. and doesn’t finish until dusk each night; as a result all of the people that live on that street are irate." Further explaining that the Mountain Home Police Department had come out with a decibel reader, revealing that the noise was over the ordinance limit. Mountain Home Police Chief Nick Schilz, told the City Council that the noise was a result of a Rail Car operation that was unloading Grain, and that Sam Adams, owner of the company was willing to try and do something. The owner had told the crews involved in the operation that they could not begin work prior to 8:00 AM, having been unaware of the hours that work was taking initially. City Attorney Jay Friendly, had mentioned that the Federal Government had taken jurisdiction over the issue, on the basis of Railroad Cars and Interstate Commerce. Suggesting that the Police call the Environmental Protection Agency to see if the noise violated their regulations. A brief exchange over the issue of rights took place between the Mountain Home Mayor, and James over the subject of rights. Ultimately leaving the issued to the EPA. Addressing the issue of Jurisdiction, Mayor Rist mentioned that the Noise Ordinance of Mountain Home doesn't apply, and that the Railroad doesn't have to follow the same rules as everyone else. The City Council than decided to call the EPA, the day after the meeting. http://www.scribd.com/doc/181006317/05-13-13-Council-Minutes-Mountain-Home-Idaho-pdf

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