The Minot City Council wrapped up an updated noise ordinance Tuesday and turned its attention to a different type of neighborhood concern – sparked by an unruly resident with behavioral health issues.

The council had heard a complaint about an electrical generator during first reading of a new noise ordinance Feb. 3. The council on Tuesday adjusted the proposed new ordinance to address some concerns but kept the new criminal infraction penalty of $150 for violations.

The adopted ordinance maintains existing, permitted decibel levels rather than increasing them slightly.

“I don’t see a good reason for us to move away from what I believe the other cities in the state are sticking with, with their noise ordinances, which is at the 55 (decibel) level during the day and then down to 50 overnight,” council member Mike Blessum said in reference to residential districts.

The council also voted to remove examples of exempt residential equipment, such as lawnmowers or snowblowers. It left language stating the operation and testing of standard residential equipment in proper working order is exempt.

Assistant City Attorney Corbin Dickerson said the noise ordinance uses a “reasonableness” standard, of which decibels are a factor in determining a violation.

On a separate matter, Craig Gerhart brought neighborhood concerns related to a resident whose troublesome behaviors have escalated in recent years, resulting in 116 law enforcement calls in nine years, including 59 calls last year. The calls have included harassment as well as posing threats to children. Incidents have involved some violence, including an incident not reported to law enforcement in which a man’s leg was broken, Gerhart said.

He said law enforcement has responded to calls but when charges are brought, the court dismisses them because the violator is not criminally responsible due to behavioral health issues.

“Everything that we’ve tried, to protect our children, has failed through the court system because he’s not responsible for his own behavior,” Gerhart said. “I don’t know how a person that’s not responsible for themselves can live on their own and behave the way they want to, and other people be at risk, which is why I am asking for help,” he said.

Acting Police Chief Capt. Dale Plessas and City Attorney Stefanie Stalheim said their offices also have experienced frustrations. Stalheim said her office has reached out to various agencies that work with people with disabilities, as well as the Attorney General’s Office.

“From our stance, it’s really difficult to figure out where we can stand as a city and where we can help in these situations because so many of these other organizations that are founded to help people that have disabilities look at it as voluntary services,” she said.

House Bill 1032, which addresses municipal courts, includes provisions related to referring defendants whose fitness to proceed or criminal responsibility is in question.

“It’s something that I hope passes because it’s going to give us an avenue that we didn’t have available here before,” Stalheim said.

She added a guardianship petition was filed for the referenced Minot individual by a charitable agency. Working with the State’s Attorney on an involuntary commitment is another step if the guardianship doesn’t prove to be adequate, she said.

The neighborhood had the support of the council.

“”I can’t believe that it’s gone on this long without something very, very bad happening,” Blessum said.

Mayor Tom Ross said the matter is on the City of Minot’s radar, and for now it will play the option it currently has, which is the guardianship request.