New Albany City Council on Jan. 24 received a complaint from the Keswick Condominium Association about noise in Market Square.

New Albany City Council on Jan. 24 received a complaint from the Keswick Condominium Association about noise in Market Square.

The Keswick condominiums are across the street from the commercial businesses in Market Square.

Council reviewed the complaint, written by Derek Shank of Condo Management of Columbus, which manages Keswick condominiums. It said snow removal at Market Square begins at 2 a.m., trash is picked up behind the Rusty Bucket restaurant at 6 a.m. and Starbucks turns on its outside speakers at 6 a.m. or earlier.

Shank said snowblowers wake up the homeowners during the hours the city's noise ordinance should be enforced.

"There is no reason that this cannot be done within the hours permitted, as the stores don't open until 10 or 11 in the morning," he wrote.

He also said the trash haulers make noise emptying the large trash bins.

Council member Stephen Pleasnick asked Police Chief Mark Chaney if complaints have been made to the police department. Chaney said he has not received any complaints.

Pleasnick said he sympathized with the residents.

"If you run those snowblowers at that time in the morning, you're going to hear it," he said.

Council member Colleen Briscoe said trash haulers are in violation of the city's noise ordinance if they pick up trash during restricted hours.

According to city code 521.12, commercial garbage collection "shall not be performed in the (city) on Sunday, on legal holidays or on other days between the hours of 7 p.m. and 7:30 a.m." Those restricted hours include "the use of or operation of any power saw, power planer or other powered tool or appliances."

Some exceptions are made for lawn maintenance, although the restricted hours are similar. According to the ordinance, "lawn maintenance, including the use of lawnmowers, blowers, edge trimmers, electric trimmers or tree-trimming equipment, may be conducted on Sunday but may not be conducted on any day between the hours of 8 p.m. and 8 a.m."

Chaney said the city can and has enforced the noise ordinance with trash haulers.

Mayor Nancy Ferguson said the city needs to investigate the complaint further.