Old Orchard Beach council adopts 60-day stay on noise prosecutions while ordinance is reviewed

The Old Orchard Beach Town Council adopted an emergency ordinance on July 21 that temporarily halts prosecution of noise-ordinance violations while staff and council review the town’s sound standards and enforcement procedures. The ordinance, added as Section 2668 to Chapter 26, permits police to investigate complaints and issue written warnings but bars citations and court prosecution during the 61-day review period and takes effect immediately upon adoption.

Council leaders said the pause will allow the town to re-examine how decibel levels are measured and whether the current ambient-based approach is producing fair outcomes for residents and businesses. "We intend to review the effectiveness of existing regulations and consider potential amendments," the chair said when introducing the emergency measure. Councilors moved and seconded the ordinance and the motion passed unanimously, 5-0.

The ordinance drew extended public comment before the vote. John Montembo, a year-round resident, described frequent amplified live music near East Grand Avenue and urged the town to treat residential areas differently: "Even if you follow the guidelines... it's typically between 60 and 70 decibels. I cannot have peaceful conversations from my screen porch because it's just too loud," he said. Richard Japelowski and Fred Jonkis echoed those concerns, saying repeated nighttime and daily amplified sound has limited residents' ability to use patios and open windows. Sheila Nacelli said large crowds and parking spillover from music venues have caused safety and nuisance problems in her neighborhood.

Residents urged the council to keep a fixed residential limit (they cited 55 dB) rather than permitting music up to 10 dB above ambient levels, which residents said can allow music exceeding residential expectations. Several speakers also asked the council to require operational solutions such as speaker placement and hours limits as alternatives to raising decibel thresholds.

Councilors said they sought a balance between supporting local businesses and protecting year-round residents’ quiet enjoyment. The council noted the emergency stay is limited in time and does not end investigations; police will continue to respond and issue notices. The chair said the council will hold further hearings if permanent ordinance changes are proposed and will accept additional public input.

The emergency ordinance takes effect immediately and automatically repeals after 61 days unless the council takes additional formal action.