By Leah Justice

leah.justice@tryondailybulletin.com

 

The majority of the Polk County Board of Commissioners said last week they are not interested in enacting a noise ordinance in Polk County after being asked by a Saluda Township family who says they cannot lead a peaceful life because of the constant barking of dogs.

Polk County Commissioners met Monday, Jan. 25 and heard from Pat Schlembach who also attended the county’s Jan. 11 meeting with her husband Gottfried Schlembach who spoke on the same issue.

Pat Schlembach told commissioners last week her husband asked the county on Jan. 11 to enact a noise ordinance in Polk County.

“This is due to constant dog barking in our neighborhood of which we can do nothing about,” Pat Schlembach said. “The law enforcement we have contacted can do nothing either. Their hands are tied in this matter.”

Polk County Commissioner Ray Gasperson placed the item of a noise ordinance on the agenda, saying commissioners have discussed a noise ordinance in the past. Gasperson said he’s interested if the county attorney could research a noise ordinance and said there’s another option potentially because the Saluda Township is in a zoned area of the county. He brought up the question of kennels and the number of dogs saying because it’s a Multiple Use zoned part of the county the county could look at the impacts of kennels. Gasperson also said Polk could take a look at Henderson County’s noise ordinance, which he said is working well there.

Commissioner Shane Bradley told the Schlembachs, “Trust me, I feel your pain but this is one of the hardest ordinances to enforce.”

Bradley said the dogs would have to be monitored and this leads to more noise ordinances such as restricting people shooting on their own property.

Gasperson asked other commissioners just to look at the kennel issue. Gasperson said Green Creek Hounds had to go through zoning when they wanted to move to another location. He said there are stipulations on setbacks.

Commissioner Keith Holbert said something like a noise ordinance affects everyone in the county.

Holbert said before he’d consider a noise ordinance he’d have to hear from all motorcycle riders and everyone who uses jake brakes. Holbert said a noise ordinance involves decibels.

“And the sheriff will tell you it’s almost impossible to police,” Holbert said.

Pat Schlembach said neighbors in Henderson County have a noise ordinance in place that allows them to have some control over loud, disruptive and constant noise that affects their ability to lead a peaceful life.

“Why are our wishes less important than theirs?” she asked. “We pay our Polk County taxes every year without complaint. Why is it fair that an individual who lives in Henderson County can bring loud coon dogs and roosters onto property in Polk County and the law cannot touch him? Are we not just as deserving to lead a peaceful life in our homes and on our property?”

County manager Marche Pittman said they do have mechanisms they can pursue.

“It’s actually a crime,” said Pittman. “It’s common law disturbing the peace.”

Pittman explained if three people complain about the same issue then it goes into the criminal system.

Pat Schlembach said she and her husband are not only asking for themselves but for all the other fine folks that live in Polk County and have a similar problem in their neighborhood.

“We believe it’s time for an ordinance to be in place for our county so that we can all enjoy living here,” she said.

The issue in discussion is on West Fork Creek Road in the Saluda Township where the couple says about a half dozen coon dogs and roosters are kept on nearby property owned by a Henderson County resident who does not live there. The dogs bark all night, according to complaints. A noise ordinance has come up in Polk County over the past few years because of other issues, including shooting guns, loud music, and a dirt bike track. Issues in the Silver Creek Community received the most complaints recently regarding gunshots, but the county did not enact a noise ordinance then because Silver Creek is not in a zoned portion of the county and commissioners would have to enact an ordinance county wide, which the majority at the time was not in favor.