Noise complaint against Durham church tossed

Durham, N.C. — A Durham County judge on Tuesday dismissed a noise citation against a church, but prosecutors said they plan to appeal the ruling.

Rev. Benji Kelley, pastor of Newhope Church, was cited in December with a violation of Durham's noise ordinance, but a District Court judge dismissed the case when prosecutors asked for a delay.

Residents of the Hills at Southpoint neighborhood in south Durham have complained that amplified music and thumping bass from the church, at 7619 Fayetteville Road, can be heard inside their homes.

They have filed a civil suit against Newhope Church, but a judge last month denied their request for a restraining order to quiet the church's services.

Church officials said they have made several attempts to reduce the sound since 2011, including hiring sound engineers to run tests that concluded the sounds from the church were within limits set by the city. The church also has installed sound-absorbing material inside and plans a major renovation that would line offices along exterior walls to reduce noise levels outside further, officials said.

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"When they stop having “rock” concerts with amplified thumping bass that seems to be above the legal levels at times."

I have not been to the homes, but have hooked my computer up to my stereo system that has 12" woofers and listened to videos posted by one of the neighbors, and I honestly can barely hear any "thumping bass", could be the recording device though. Now in the parking lot, it can be heard, but it is barely audible when in the car. I guess I just find it difficult to believe that houses built so close together and so close to a heavily traveled road have barely detectable church music as their only problematic noise. In the end, I personally just want a peaceful and reasonable resolution that allows for both sides to be satisfied.

kornfan2448
March 14, 2013 10:35 a.m.

“I can't hear anything except crickets on any of these videos.” – Bewitched

Me either, but I think the problem is the amplified bass, which you might not readily hear like loud music, but it will drive you crazy.

“When does it not become the fault of the church” - kornfan2448

When they stop having “rock” concerts with amplified thumping bass that seems to be above the legal levels at times.

“so can I sue someone if they drive by my house with a loud stereo?? ;)” - friendlyman

No, but they could be cited by police.

“that was the most significant.. that is why in every part of the world this observation takes place..Easter that is..” - lexusjones64

Easter is celebrated in other parts of the world because there are Christians there, not because it’s some universal significant event. The mythology is significant to Christians ... and retailers. :)

Lightfoot3
March 14, 2013 8:48 a.m.

to "Iak Hsehpen" as for your reply on my comment..Easter observes the resurrection of Christ and before that the crucifixtion.. Jesus was on trial and persecuted and prosecuted for blasphemy..so yes persecution has been around for a long time..but that was the most significant.. that is why in every part of the world this observation takes place..Easter that is..

lexusjones64
March 13, 2013 6:46 p.m.

so can I sue someone if they drive by my house with a loud stereo?? ;)

friendlyman
March 13, 2013 4:40 p.m.

"You don't need a courtroom to work this out."

The church is not the one that pursued this in court. They have taken many steps and plan to take further steps to appease the neighbors, but nothing seems to be good enough. When does it not become the fault of the church and become possible that no matter what, short of stopping services, nothing will be good enough?

kornfan2448
March 13, 2013 1:54 p.m.