SPONSOR: |
Rep. Smyk & Rep. Wilson & Rep. Briggs King |
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HOUSE OF REPRESENTATIVES 148th GENERAL ASSEMBLY |
HOUSE RESOLUTION NO. 40 |
ESTABLISHING A TASK FORCE TO REVIEW AND RECOMMEND NOISE CONTROL LAWS IN THE STATE OF DELAWARE. |
WHEREAS, State Police, local, county and municipal police, DNREC officers, the Office of Animal Welfare, and the Department of Agriculture all have concerns about noise control laws and receive noise complaints; and
WHEREAS, the Delaware Department of Natural Resources and Environmental Control (DNREC) has general supervision over the administration of the Delaware Noise Control Act, 7 Del.C. Chapter 71, in conjunction with various law enforcement agencies; and
WHEREAS, many municipalities and counties also have enacted noise ordinances; and
WHEREAS, noise issues present unique enforcement problems; and
WHEREAS, some noise issues relate to industrial activities, while others are due to loud music, barking dogs, or other activities; and
WHEREAS, establishing clear non-subjective evidence to present a court of law can be difficult and require specialized equipment to measure noise volumes; and
WHEREAS, effective noise control enforcement will likely require fiscal resources to timely and effectively respond to noise complaints.
NOW, THEREFORE:
BE IT RESOLVED by the House of Representatives of the 148th General Assembly of the State of Delaware that the House Noise Control Task Force is hereby established to review the Delaware Noise Control Act, local noise control ordinances, and noise control enforcement issues throughout the State of Delaware.
BE IT FURTHER RESOLVED that the Task Force be composed of the following members.
1. Two members of the Delaware House of
Representatives (one from the majority party and one from the minority party),
appointed by the Speaker of the House who shall co-chair the Task Force.
2. A municipal police chief, appointed by the President of the Delaware League of Local Governments.
3. A representative appointed by the Delaware Association
of Counties.
4. An Agri-Business Community representative
appointed by the President of the Farm Bureau of Delaware.
5. One citizen appointed by the Speaker of the
House
6. One person appointed by the Delaware State Chamber of Commerce.
BE IT FURTHER RESOLVED that the following persons are requested to participate as voting members of the Task Force:
1. The Secretary of the Department of
Natural Resources and Environmental Control, or designee.
2. The Secretary of the Department of
Public Safety and Homeland Security, or designee.
3. The Secretary of the Department of
Agriculture, or designee.
4. Director of the Office of Animal
Welfare of the Department of Health and Social Services.
5. The Chief Magistrate of the Justice of
the Peace Court, or designee.
6. The Attorney General or designee.
BE IT FURTHER RESOLVED that the co-chairs of the Task Force be responsible for guiding the administration of the Task Force which includes:
1.
Setting
a date, time and place for the initial organizational meeting;
2.
Supervising
the preparation and distribution of meeting notices, agendas, minutes,
correspondences, and reports of Task Force; and
3.
Ensuring
that the final report of the Task Force is timely submitted.
BE IT FURTHER RESOLVED that the House of Representatives be responsible for providing reasonable and necessary support staff and materials for the Task Force.
BE IT FURTHER RESOLVED that this Task Force issue a final report to the House of Representatives and the Speaker of the House by January 1, 2017.
SYNOPSIS
This resolution creates a House Task Force to review and recommend Noise Control Laws in the State of Delaware. |