By Jeremy Carroll
C & G Staff Writer

CLAWSON — City officials backed off regulations that would have restricted the hours fast food restaurants could use speakers in the drive-through amid protests from representatives of various businesses.

The City Council opted against passing the sign ordinance July 1, instead asking city administration and the Planning Commission to give the restriction another look, along with the possibility of allowing businesses outside of the downtown district to display A-frame, or sandwich board, signs.

Under the first reading of the ordinance, passed by the council on June 3, the speakers were scheduled to be restricted between the hours of 10 p.m. and 8 a.m., forcing customers to place their order at the window. In the second reading of the ordinance, Director of Building and Planning James Albus said the restriction would be changed to 11 p.m. to 6 a.m., and the businesses would have until Dec. 31, 2014, to comply.

A new Tim Hortons, set to go in at the corner of 14 Mile and Crooks roads, had agreed to the 11 p.m. to 6 a.m. restriction as part of the site plan approval, Albus said.

Mayor Penny Luebs was critical of the provision, saying there had been zero complaints about noise with the current drive-throughs.

“Putting restrictions on current businesses is a determinant to those businesses,” she said.

Several representatives from various fast food restaurants were at the meeting to discuss their opposition to the provision of the ordinance.

Bob Middleton, one of the co-owners of Del Taco on 14 Mile Road, said they have received zero complaints about the noise of the speakers. He said the late-night business is a significant part of what they do.

“Without that business it would be very difficult for us to make a profit,” he said. “That’s not a fear thing, that’s just a reality.”

Del Taco is open 24 hours.

Middleton said he fears that customers upset about a non-responsive speaker box might cause more noise than would come from simply placing the order.

“They are going to beep their horn and be angry,” he said.

Calvin Sprinkle, managing director for Burger King on 14 Mile, said the restaurant plans to begin to push for late-night business, as that is the current trend. He said the speakers are at 70 decibels, and can be adjusted to as low as 30 decibels, suggesting the restriction could be placed on the volume level at which the speaker can be set.

It was a suggestion that gained traction with the council, as a majority of them signaled their support for a decibel limit as opposed to simply forcing the businesses turn them off.

“I do agree that the noise can be an issue after 11 p.m., but I don’t have an issue with there being a certain decibel level as long as there are no complaints,” Council member Kathy Phillips said.

Council member Howie Airress said he was in favor of establishing a late-night decibel level and getting rid of the other provisions.

Council members sent the issue back to the city administration and Planning Commission for review. Included in the discussion will be A-frame signs for businesses. The ordinance, as proposed, allows the signs in the downtown district, but not outside it.

Among the other proposed changes in the sign ordinance are certain height and size restrictions, changes to how political signs are handled and an attempt to minimize commercial signage around gas station pumps.

According to the ordinance, no commercial messages will be allowed to be heard or displayed, including the banning of televisions at gas pumps, with the exception of a corporate logo.

Political signs will be limited to one sign for each candidate on private property, and must be removed five days following the election. There is no restriction on how early in the election cycle a sign can be put up.

The ordinance also has specific regulations for portable signs for shop owners to put outside on a daily basis and bring back in at the end of the business day.

Businesses with non-conforming signs will have until Dec. 31, 2014, to remove them, if the ordinance is passed on second reading in October.