Harrison Planning Tackling Ordinance Updates, e-Kids Concerns

By DIANNE ALWARD-BIERY

Cleaver Senior Staff Writer

HARRISON – The Sept. 9 meeting of the Harrison Planning Commission saw Commissioners Tom Mondeau, Mark Reinke, Mike Lenning, Ed Kerr, Tom House and Robin Witkkowski, along with Mayor Dan Sullivan, City Manager Justin Cavanaugh and Code Enforcement Officer Mike Freeman.

The meeting began with an inquiry made by local contractor/property owner Joe Noseda. His concern was regarding an intended division of his 18-acre property which includes two houses. His plan to separate it into a property containing a rental home and the main L-shaped property which includes his own home and outbuildings. His intent is to construct a large pole barn, but its location would be affected by the proposed city ordinance change stating any corner lot has two front-facing sides – whose setback limitations restrict where his intended pole barn could be constructed.

He presented his dilemma, and his desire to get his best/complete information before making solid plans for surveying and/or property division. Cavanaugh illustrated on the room’s large white board how Noseda’s property and structures were situated. After a lengthy discussion of the physical property and what his options were, commissioners agreed that seeking a variance from the Harrison Zoning Board of Appeals would be the only way to make best use of the large property, as the intended structure would not impede his neighbor’s view of the road on his side of the corner property.

Moving on to Old Business, a public hearing was opened at 6:23 p.m. on the Solar, Wind and Battery Storage Ordinance, and Corner Lot Setback Ordinance Changes. Hearing no comment, the hearing was closed at 6:24 p.m. with the Commission moving to recommend the two ordinances to Harrison City Council as latest drafts.

The New Business portion of the agenda dealt with two items, beginning with City of Harrison Ordinance 20.220 Bicyclists; rights and duties. Cavanaugh described the existing ordinance which prohibits bicycles from sidewalks in the business district, and noting the availability of safe bike lanes in the business district. It was emphasized that the ordinance predated the advent of e-Bikes, electric scooters, segways, skateboards and e-Boards – many of which don’t set mom and dad back too far by way of cash outlay, making them more and more prevalent. There are speed limits for those items, just as for automobiles, however some of them appear to be juiced up a bit and kids seem to push them to the limit. Above all, the safety of pedestrians on sidewalks and children on bikes, etc., have to come first, so it was urged that all possible aspects of the situation be considered.

The second item was the most time-consuming portion of the meeting: Nuisance Ordinance Considerations-Planning Commission Discussion. And discuss, they did.

One of the first suggestions was the importance of having a better noise ordinance to accompany part-time rentals, with emphasis on a preference for treating violations as municipal civil infractions rather than crimes. Mike Freeman, code enforcement officer, spoke of the effectiveness of using fines which escalate with each ensuing infraction [including non-payment of the preceding fine/ongoing non-compliance]. It also was urged that the ordinance be specific as to what is considered to be blight, and what is acceptable screening to keep things out of view.

Elements discussed included dangerous structures which has been done under blight but was deemed to need more specificity. Noise limits were discussed, to include clarification of fireworks limitations as structured under state law, but which additionally can be regulated locally; as well as construction noise should be limited to nothing after 6 p.m. Cavanaugh noted the City received complaints of noise from the fair [which is exempt], and from concerts at the grandstand – but when you live next to the fairgrounds and a concert venue, what else could be expected?

Cavanaugh presented to commissioners the following evaluation and guiding suggestion:

“Harrison does not need a complicated big-city nuisance ordinance.

The City does not need to purchase sound meters, train deputies as sound technicians, regulate every backyard activity, or create rules that make residents wonder whether mowing their lawn or working on their house is illegal.

Harrison does need rules that are clear enough to enforce.

A Clare County Sheriff's deputy responding to loud music at 1 a.m. should have enough ordinance authority to tell the responsible person that the disturbance has to stop and, when appropriate, issue a citation.

City staff should also be able to address a property with piles of brush, broken appliances, discarded furniture, rubbish, abandoned construction materials, overgrown grass, or other continuing nuisance conditions without having to argue over vague language written more than sixty years ago.

Harrison's original nuisance framework dates substantially to 1962. It includes general nuisances, litter, noise, grass and weeds, odors, stagnant water, property maintenance, and other provisions. The existing noise section already addresses animal noise, construction, sound amplifiers, engines, loading and unloading, blowers, horns, music, shouting, and sirens. Construction is generally restricted to 7 a.m. through 6 p.m., and music and shouting receive particular attention between 11 p.m. and 7 a.m.

The City also has a 2009 Blight Ordinance and a 2023 Junk and Blight Ordinance that address many of the same subjects. 

That makes consolidation worth considering.”

With that premise, the commissioners did consider what limitations might be in order/need tweaking and the possible consolidation to address the items presented, to wit: 1) Purpose, Authority, and Definitions; 2) Property Maintenance and Physical Nuisances; 3) Noise and Neighborhood Peace; 4) Fireworks; 5) Chronic Nuisance Properties; 6) Enforcement, Notice, and Abatement: and 7) Repealer [Repeal the superseded 1962, 2009, and 2023 nuisance provisions only after ensuring that every provision the City intends to retain has been carried forward or appropriately relocated.]

After hearing commissioners’ comments on the items of concern, Cavanaugh said he would create a draft nuisance ordinance to be reviewed at the next meeting.

Also on tap for the next meeting will be review of the updated Capital Improvements Program and review of the Bicycle and Electric Bicycle Ordinance.

Harrison Planning Commission meets next at 6 p.m. Tuesday, Oct. 13 in Harrison City Hall, 2105 Sullivan Drive.