RAYMOND – By a 324-302 vote, Raymond residents on Tuesday narrowly defeated a proposal that would have imposed fines on owners whose animals make noise lasting longer than 10 minutes.

The noise ordinance was proposed by Leach Hill Road resident Wayne Gelston, who approached town officials last summer for a solution when his neighbor, Julie Sutherland, brought home 25 roosters to her 3.8-acre hobby farm across the street.

Through many public meetings and even mediation by the town’s former fire chief, Denis Morse, Sutherland maintained that the ordinance, which would have exempted farm animals used for agricultural purposes, was an overreach by local government, and that her roosters were being unfairly targeted.

Raymond residents, who approved a barking-dog ordinance in 1984, agreed with Sutherland’s take for several reasons.

“I voted not to change it,” said Webbs Mills Road resident John Forest. “I think there are more important things to do around here than worry about changing an ordinance because someone has roosters. I think it really should be handled in a way other than creating an ordinance. Because once that ordinance goes in, it’s going to sit on the books forever. And it’s always harder to take them off than it is to put them on.”

Another Raymond resident, Richard Ashley, had similar feelings.

“I just feel the ordinance should stay the same as it’s always been,” he said. “I don’t have any issue with it and I don’t think it’s needed. The gentleman [Gelston] knew that it was a farming area and should have known not to build his house there. That’s the way I feel.”

Voters willing to share their thoughts were split down the middle.

John Penpraese voted yes on the ordinance saying, “I’ve been watching the board [of selectmen] meetings on TV and I wouldn’t want to be that neighbor having to deal with the roosters. That’s what it comes down to.”

Doris Sandell found the topic “extremely interesting,” and contemplated how she would vote while the matter was discussed for months.

“I think it has merit,” she said. “No one wants their sleep interrupted. I’m fine where I am, but other people are having a problem. I think everyone deserves a good night’s sleep. This is a residential area and things ought to be quiet.”

Eugene Laughlin also supported the ordinance, saying the existing dog ordinance is unenforceable, a topic that was routinely raised at selectmen’s meetings during public comment time on the ordinance.

“I’ve got dogs on all three sides. A few nights ago, one barked incessantly well into the evening. But the existing dog-barking ordinance is not enforceable. I voted for it to be amended because that’s the only way evidently that would put any teeth in the existing law,” said Laughlin.

Don Alexander, former Raymond animal control officer who served for 20 years until last year, said after voting Tuesday that during his two decades, he had no trouble enforcing the law.

“Some I gave warnings, some I wrote tickets. I don’t know if the [proposed] animal noise ordinance is enforceable or not, but I don’t feel that it’s necessary for the simple reason that we’ve got a working ordinance. If it ain’t broke, don’t fix it,” he said.

SUTHERLAND, GELSTON REACT

Sutherland, who had complained to town officials in the lead-up to the vote that she felt unwanted and mistreated in Raymond, is satisfied with the result. Sutherland, who has many animals on her hobby farm, said she has no intention of removing her roosters, which now number 16 due to animal attacks and are useful for tick and insect control, to appease her neighbor.

“I feel good for the townspeople because it shouldn’t have gone as far as it did. It shouldn’t have been put as a burden on the Raymond residents. And I feel really relieved that they’re not going to be pressured into paying for the ACO’s budget to increase, which right now is at $16,000 [a year]. That’s a huge concern. It would have significantly increased that budget if it had passed since [the ACO] would have been very busy.”

Sutherland said the ordinance, which called for a 10-minute limit on constant animal noise and 30-minute limit on intermittent noise, was unfair to animal owners and hobby farmers like her.

“And the only town I could find in Maine with a similar 10-minute limit was York,” she said.

Gelston, who said he has had to wear earplugs to stay asleep through the roosters’ daily early-morning crowing, is remaining positive despite Tuesday’s results, and is already planning a second effort.

“I think we did very well. What we’re going to do at this point is move forward with what the selectmen suggested and that will be a petition to limit the amount of roosters that a homeowner can own,” Gelston said. “In order to get on the next ballot, all we need to do is get a petition signed by 250 registered voters, and if we can do that, we don’t even have to go before the selectmen, it automatically goes on the ballot. That’s our plan at this point.”

Gelston said he figured the ordinance failed since some voters were worried that the rules would affect their animals. But, he said, “if we make it rooster specific, I think we have a better opportunity. But we’re certainly not going to quit.”

When asked whether he’d pursue a civil suit – as some have suggested – against Sutherland for what he thinks would qualify as disturbing the peace, Gelston said, “That’s certainly an option. She’s says this is an overreach of government power, so does that mean there should be no disturbing-the-peace laws? It doesn’t matter if you’re in the city or the country. If you disturb the peace, you can call the police on somebody.”

Sutherland said she has already talked to lawyers, who “laugh” when she asks them if a civil case brought by the Gelstons could be successful, due to the rural neighborhood. However, Gelston isn’t deterred.

“Every lawyer or person is entitled to their opinion, but I think that’s why we do have a court system, so that both sides can be heard. I’ve never heard of one lawyer being able to tell how a case is going to be adjudicated. Even the attorney general doesn’t have that power,” Gelston said.