Aspinwall Council adopts ordinance regulating outdoor business operations in the borough

Aspinwall Council adopted an ordinance on Oct. 12 that prohibits all outdoor business, commercial and trading activities in the borough from 10:30 p.m. to 7 a.m. Sundays through Thursdays and midnight to 7 a.m. Fridays and Saturdays.

The vote was 5-2 with council President Tim McLaughlin and Councilwoman Mary Hancock dissenting.

The ordinance has been under discussion for months, the idea coming out of talks with the borough planning commission about two years ago. That discussion focused on ordinances that moderated noise and delivery hours. Talks at the council level ramped up about eight months ago.

Prompted by feedback from several businesses, council added a provision that allows businesses to obtain a special permit to stay open beyond ordinance hours for special activities.

“This has been a long process,” council Vice President David Borland said. “I’m not sure what the normal time frame for an ordnance to be passed is, but the first discussions was in February. I believe we gave ample time for people to comment both for and against, and feel this (has) reasonable hours for a residential neighborhood to have outdoor operations (cease).”

McLaughlin said he supports having a law on the books that would have businesses “lower the volume,” but was against forcing them to move everything indoors.

“There has to be a certain time that people should be asked to lower their volume. I think that’s fair. To ask them to go inside when there’s no reason, I didn’t think it was the best use of it. I think everybody else gave thoughtful consideration. We have a good council. This is one that I didn’t see the way other people did.”

Borough officials and residents had called the proposal an “hours of operation” measure, but borough documents recently described it as a “trading hours” ordinance.

Borland said the police will enforce the ordinance. He declined to speculate on special patrols in the business district after 10:30 p.m. and midnight.

“It’s a reasonable expectation to have an objective measure of when things could and should be quiet within earshot of the business district,” Councilman Jeff Harris said. “After 10:30 p.m., someone can call and the business needs to be accountable to noise and whatnot. That’s the spirit of it. As more businesses come to town, and businesses develop, they kind of know what they’re working with here. This should have been done by a previous council. It didn’t start with what’s being implied here.”

Sheri Rice, owner of Luke and Mike’s Frontporch, had said at previous meetings that she felt the ordinance targeted her business.

She did not speak to council Oct. 12, but after the vote, reiterated earlier comments that her restaurant was being singled out.

“I think this ordnance is meant for one business,” she said. “There’s one outdoor restaurant here.”

The ordinance states that it applies to “all outdoor business, commercial and trading activities in the commercial zoning districts of the borough.”

Council members have said at past meetings that no one is singled out.

Rice said she does not expect the ordinance to impact her business.

“Out of courtesy, I’ve followed it throughout the entire summer,” Rice said. “I understand that I am close to my neighbors, so out of courtesy I have not gone beyond those hours this whole summer without any law. It’s been a very slow year … I am really tired of hearing about it. I’m just going to move on and attend to my business.”

Borough officials hosted multiple discussions about the ordinance and reached out to businesses for input several times throughout the year.

Rice had proposed at council’s October workshop meeting to move back the start time of the overnight business ban by a half hour to 11 p.m. Sunday through Thursday and to 12:30 a.m. Friday and Saturday.

Hancock said she thought that council had gone along with Rice’s suggestion. However council made no changes in the ordinance it first advertised in September.

“The ordinance that was put forth today was not that proposed, agreed-upon hours,” she said. “If everybody can agree upon a time, that would be the best time for people to close up. It sounded like everyone had an agreement and that’s not what ended up being voted on tonight.”

She also cited a petition with nearly 200 signatures from residents who opposed the ordinance.

Resident Steve Kochanowski said he and a couple others had circulated a petition in opposition to the proposal to residents and businesses from Sept. 28 through Oct. 10.

“I fear if they’re going to try to do this, is there going to be another thing where they say residents can’t be on their porch past midnight on a Saturday night?” he said. “It’s a slippery slope.

“These businesses are just recovering from covid and coming out from all of that and staffing issues. Now you’re putting something else on top of that.”

Kochanowski said he brought the petition to the borough office prior to the Oct. 12 council meeting.