MCCORDSVILLE — A McCordsville business faces potential fines and additional legal consequences following several dozen noise complaints issued by neighboring residents who claim the establishment’s concert music violates town noise ordinances.
The music from concerts held at Daniel’s Vineyard, a winery and event center owned by Kimberly and Daniel Cook, has been the subject of town hall meetings for years, council members said to a crowd of at least 75 citizens at the meeting June 12. Several citizens addressed elected officials to voice their concerns of how to deal with the issues, with many suggesting that they shut down the music altogether.
The Cooks said that the town’s noise ordinance policy is unreasonable, referencing that the laws on the books are not specific enough in defining what qualifies as a noise violation. Despite constantly adjusting the volume emitting from their musicians’ speakers, if a single nearby household complains about their music, they’re likely to get in trouble with law enforcement, Kimberly Cook said.
As the noise ordinance is written right now, the police are capable of responding if a resident complains their neighbor’s dog is barking, or if kids are playing too loud in a neighborhood pool, said McCordsville resident Jeff Marshall. The town needs a change in its noise ordinance policies if any meaningful change is going to be made, Marshall said.
Furthermore, McCordsville benefits economically from the concert series every summer, several citizens argued.
Vineyards are the fastest growing segment of the agritourism industry right now in the state of Indiana, said Jonathan Lawler, a Hancock County farmer who runs three agritourism businesses of his own. Any legal action that impedes this type of growth –any policy change that brings hardship upon the Cook family’s business — might be short-sighted for the town, Lawler said.
“What Daniel’s Vineyard has brought to McCordsville is statewide recognition,” Lawler said in a public comment. “More businesses now — agritourism and technology — are coming together. That’s something that could draw people to the town of McCordsville later down the road.
“As my favorite farmer, Joel Salatin, said: ‘We seek too much salvation through legislation,’” Lawler added. “If they can figure out a way to come together … hopefully you guys can work this out.”
Other attendees of the meeting were not supportive, pleading with the council to finally do something about what they said was excessive noise disturbing them from having peace and quiet in their own homes.
McCordsville resident Tim Hirrons said while he understands why some people don’t mind listening to the music from their homes on a summer’s day, the volume emitting from the speakers at the winery is out of control. Hirrons and his family lives 1½ miles away from Daniel’s, but he can hear the drums, bass and vocals clearly, with his door and windows shut, every weekend, he said.
He simply wants peace and quiet in his home, he added.
Another citizen, Donna Price, commented that it’s great for people to want to travel to McCordsville from out of town to listen to the concerts. But the people who live nearby Daniel’s don’t have an option of whether or not they want to listen.
“It can start to eat away from your life,” Price said. “The people who live in (our neighborhood) don’t have that option, and it’s a sad way to live.”
“I can tell you from our experience that when you start praying for rain to chase the concert away, or you’re dying for cold weather to come so the musicians go away, (that’s) not a good way to live,” she said.
One recommended solution is for the town to adjust its noise ordinance policies to resemble that of Marion County, where noise must reach a certain decibel level before police can be asked to intervene.
However, the equipment necessary to enforce such a law can be expensive, unreliable and has a tendency to be ineffective in practical application, said McCordsville Police Chief Harold Rodgers.
An ad-hoc committee is being formed to negotiate a compromise to the growing problem, said council president Larry Longman. Citizens representing interests both for and against the music continuing at Daniel’s Vineyard will meet and hopefully determine a course of action that will not damage the Cook’s business.
Potential solutions are slated to be discussed at next month’s town council meeting, Longman said.
