June 15, 2017

Town enforcement of noise ordinance ruled invalid

By Jason Starr

Observer staff

The North Country Sportsman’s Club can maintain its current level of use without regard for the Town of Williston’s noise ordinance, the Vermont Supreme Court ruled June 2.

The shooting range, off Old Creamery Road near the geographic center of town, sued the town two years ago after the town cited it for violating the local noise ordinance. The citations came just days after an eight-year agreement between the two parties regulating shooting hours fell apart after the town attempted to renegotiate it with reduced operating times.

The Supreme Court ruled that as long as the club’s hours do not increase over what was in place in 2006, when state statute was amended to limit municipal oversight of sport shooting ranges, then the town lacks any regulatory authority over the club.

“… The town cannot enforce its noise ordinance in a way that limits the club’s ability to maintain its historical levels of shooting,” the ruling states.

However, if use of the shooting range increases over 2006 levels, the town could enforce its noise ordinance, the court ruled. Williston’s noise ordinance prohibits “excessive, unnecessary, unreasonably loud noise or disturbance, which disturbs, destroys, or endangers the comfort, health, peace or safety of others within the immediate vicinity of the noise or disturbance.”

The agreement that had been in place between the club and the town since 2007 identified the club’s hours of operation as Wednesdays from 4 p.m. to dusk, Sundays from 9 a.m. to 4 p.m., and Saturdays for special events only.

The agreement broke down after town administrators sought a definition of “special events” and a limitation on the number of such events per year.

While the court ruled that the town could not compel the gun club to renegotiate the agreement, it did encourage the parties to establish the current level of use at the club and define the club’s plans for Saturday “special events.”

The certainty of a renewed agreement would benefit both the club and the town, the court said.

“In the absence of a more specific agreement … the club is vulnerable to enforcement actions by the town and claims by the town that its use exceeds historically established levels,” the ruling states. “The town is vulnerable to the club increasing its use under the guise of maintaining historic levels.”

Williston Selectboard chairman Terry Macaig said the decision gives the town something to work with in terms of ensuring use of the firing range doesn’t expand. An ordinance amendment will be coming before the selectboard this summer, he said, to define the nature and number of special events allowed on Saturdays at the range.

“The limit on special events will be the sticking point, because we don’t want to open it up to an indefinite number of special events,” he said.

North Country Sportsman’s Club president Bob Otty declared victory after the ruling, saying the club only wants to maintain its current level of use at the range. He is not optimistic about the two sides re-entering an agreement.

Otty said the ruling will protect the use of firing ranges statewide against “regulatory overreach by municipalities.”

“We will need to remain vigilant for new attempts to limit shooting range operations,” Otty wrote in a statement issued after the ruling. “If any other attempts are made, we plan to once again stand together, and once again, win.”