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Stonington officials considering ordinance to curb dirt bike noise

By Joe Wojtas

Publication: The Day

Published April 23. 2013 4:00AM   Updated April 23. 2013 7:51PM

Stonington - One of the residents upset about a teenager who rides his dirt bike in his Mystic neighborhood is expected to address the Board of Selectmen Wednesday night when it meets at 7 p.m. at the police station.

After listening to Aaron Green, First Selectman Ed Haberek said the board will begin reviewing noise ordinances from other communities and discuss whether it may want to proceed with revising the town's nuisance ordinance to address the problem. Currently, the ordinance only bans noise during nighttime hours.

Haberek cautioned Monday that if changes are made to the ordinance it would apply to all sections of town, not just on Richmond Lane where the controversy has occurred.

While it is ultimately up to the Board of Selectmen to decide whether to update the nuisance ordinance and ask residents to approve it a town meeting, Haberek said he would also ask the police department and Board of Police Commissioners for their input before the selectmen make any decisions.

"This is going to be a collaborative effort," he said.

Two weeks ago, several residents appeared before the Stonington Board of Police Commissioners, urging members to either charge Mason Fusaro, 15, and his family with a crime such as breach of peace or enact some type of ordinance to keep him from riding in his 2-acre yard. Green then presented the board with a petition signed by 32 residents from nine surrounding streets, asking the town to address the problem.

The neighbors says his riding is make their lives miserable. But police say the activity does not appear to fall under such crimes as breach of peace, disorderly conduct or creating a public disturbance as the boy's intent may not be to cause a disturbance.

The town does have a nuisance ordinance that makes it unlawful for any person to create unreasonably loud or disturbing noise that is objectionable when heard within the confines of a home. But it only applies to noise made before 6 a.m. and after 10 p.m. Monday through Saturday and before 8 a.m. and after 10 p.m. on Sunday.

Last Thursday, the police department used a noise meter to measure how loud Mason's dirt bike was; afterward it said the bike does not violate any state law concerning vehicles.

Mason's mother has said she bought him a new motorcycle at Christmas that is quieter than the one he rode in the past.

Police said they plan to work with the neighborhood to come to a resolution.

j.wojtas@theday.com

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