SHELBY — Shelby Police Chief Lance Combs said his department has received numerous complaints regarding various types of pollution, including noise and dust.
Combs explained to City Council on Monday that pollution is being caused by a variety of all-purpose vehicles.
These situations have included residents operating such vehicles on their own private property — and in some cases have created disturbances, he said.
An amendment to Chapter 446 of the city’s codified ordinances was discussed by Shelby lawmakers Monday during its first reading. The amendment, if passed by council, would enact and add a new section of language addressing the operation of all-purpose vehicles on private property.
“We (Combs and Shelby Mayor Steve Schag) looked at a number of ordinances. None of our current ordinances fit,” the chief said. “There is a noise ordinance, but it’s very subjective in that what might be loud to me may not be loud to you and vice versa.
“We needed to have something that was a little bit more objective,” Combs said.
Shelby resident Jayne Buckler spoke during the public comment portion of Monday’s meeting and thanked council for considering such a piece of legislation.
“It is going to be so wonderful to be able to enjoy my backyard, have family over for barbecues and the grandkids play on the swing set in the summertime,” she said. “I hope it passes and we get that on the books in Shelby.”
Inspired by North Royalton
The language of the proposed amendment is ultimately the same as what is used in the City of North Royalton, Combs said.
“I did talk to their police chief and I asked why this was enacted,” he said. “It was enacted for the same reasons that we are (looking at it) and they use it frequently.
“As an enforcement tool, this is one of those things that we do a lot where we go out and provide people a copy of the ordinance, discuss it with them, give them a warning and then only on repeated violations do we issue citations.”
The proposed legislation states that violators of this section are guilty of a minor misdemeanor on the first offense. A second offense within one year after conviction would result in a fourth-degree misdemeanor.
Each subsequent offense within one year from the second would be a third-degree misdemeanor. If an operator of an all-purpose vehicle is arrested twice within two years for this offense, the APV will be impounded, according to proposed legislation.
“Passage of this ordinance would give us the teeth to do something that is clearly defined,” Combs said. “I think it’s a well-written ordinance.
“North Royalton has had no revisions to it and they said they use it all the time.”
(Below is a PDF showing the proposed amendment discussed Monday night by Shelby lawmakers.)
Amendment would not prohibit APV use
Second Ward Councilman Derrin Roberts said he hates the idea of telling residents what they can and can’t do on their property.
But multiple instances where property owners are doing something which effects their neighbors have raised the need for intervention, he said.
“It’s out of control,” Roberts said. “It’s not just a little bit .. I was surprised at the number of calls that were sent out there for this particular reason in one specific area.”
Combs emphasized the proposed amendment would not prohibit the use of all-purpose vehicles. But it would create guidelines, including things like hours of operation and acceptable exemptions.
City Council unanimously passed the first reading of the proposed amendment Monday. A second reading is set for council’s next meeting on July 7 at 7 p.m.
In other action Monday, City Council:
— determined the historic downtown fire station, owned by the City of Shelby, be sold and designated the Shelby Community Improvement Corporation as the city’s agent in the sale of the property.
— amended Chapter 1042 of the city’s codified ordinances, which is related to local limits on permitted wastewater strength.
— adjusted the septage receiving rate schedule for residential and commercial accounts.
— adopted an annual revenue budget for the year 2026.
