The nonprofit Aurora Ice Association is fighting the noise ordinance violation notice it received from the village this week.
Association President Anthony DiFilippo IV filed a letter Wednesday with Village Attorney Robert Pierce, insisting the village's noise ordinance lacks objective decibel criteria for a noise violation.
"Our opinion is we're not in violation of the village noise ordinance," he said Wednesday, referring to its refrigerating unit.
The noise violation requires "intent to cause public inconvenience, annoyance or alarm, or recklessly creating a risk," DiFilippo said in the letter. "Aurora Ice Association's intent is to make and maintain ice for our not-for-profit purposes of providing ice sports and ice recreation."
In a sense, the village is selectively enforcing the noise ordinance if it doesn't make other property owners, such as the Hampton Inn, Tops Market, Tantalus and others with outside power units from operating between 10 p.m. and 7 a.m., the letter said.
DiFilippo, an attorney, also said the village's code enforcement officer, Bill Kramer, lacks the authority to issue and self-enforce stop orders. He also pointed out that Aurora Ice took immediate action to try to abate the noise problem, by enclosing the chiller with hay bales by 4 p.m. Tuesday.
Afterward, the chiller was shut down for five minutes so that decibel readings could be taken with and without the chiller on in the immediate vicinity. There was not a substantial difference, he said.
"Should the Village of East Aurora attempt self-help in an illegal stop work order without providing Aurora Ice due process of law, Aurora Ice would be damaged in a sum exceeding $500,000," DiFilippo said.
Aurora Ice officials continued to say they will continue exploring all reasonable options to further mitigate noise concerns tied to the refrigeration unit. Meanwhile, a local person offered to donate an additional 300 bales of hay to the rink, if needed.
Kramer could not be reached to comment.