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Going Batty From the Noise of Summer : Baseball: The owner of a 25-year-old batting center, charged with violation of the city’s noise limits, faces trial next month.

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TIMES STAFF WRITER

The crack of bat against ball may be music to the ears of baseball fans. But the sound is triggering cries of “foul” from Glendale city officials and neighbors of the Glendale Batting Cage, who complain that batters practicing for America’s traditional pastime are driving them batty.

“You can’t sleep and you can’t relax,” said Robert P. Paone, a salesman who lives in an East Elk Avenue apartment behind the batting center. “You get four or five batters out there, and you’ve got a headache.”

Paone and other residents have waged a two-year campaign to persuade David R. Johnson, operator of the baseball business, to curtail hours, install sound-muffling material and take other noise-reduction measures.

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Johnson is scheduled to stand trial in Glendale Municipal Court on May 16 on two misdemeanor counts of violating the city’s noise limits, plus misdemeanor charges that he has an illegal advertising sign and that his now-closed snack bar is an illegal building. The maximum penalty for each violation is a $500 fine and six months in jail.

Johnson’s attorney, Robert A. DePiano, complained that his client “is being characterized as a bad guy.”

He said Johnson has already taken steps to reduce noise, shutting down the two rear batting cages closest to the neighbors, covering exposed metal parts and encouraging patrons to use quieter foam-filled bats.

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Regarding the other violations, DePiano said Johnson has applied for the required sign permit and has asked city officials what would be an acceptable use for his former snack bar. In both cases, he said, the city has failed to reply.

“We’re willing to make changes if they’d work with us,” the attorney said. “The Batting Cage has no interest in being a problem.”

Assistant City Atty. Ron Braden said taking Johnson to court was a last resort after city officials made repeated efforts to persuade him to correct code violations.

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“The philosophy of the city of Glendale is to try to get compliance and not go through the criminal process,” he said.

Braden said Johnson “would say he would comply--and he didn’t”

A conviction and the threat of jail would force Johnson to correct the problems at his business, Braden believes.

The Glendale Batting Cage has been operating at 620 E. Colorado St. for 25 years, becoming something of a local institution, DePiano said. Little League players and older athletes hone their hitting skills in the five baseball and two softball cages.

The 14-unit apartment building where Paone lives was built about four years ago almost directly behind the batting center.

Residents have complained about the noise generated by the hitting, the machinery and by some of the youthful batters. They say the center’s hard-rubber balls create a particularly annoying sound when they bounce off the metal bats that have become increasingly popular.

Residents have also collected stray balls that have slipped through holes in the surrounding safety net, sometimes damaging vehicles or utility connections on the building.

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Vince Cameron, manager of the building, said the noise makes it difficult for him to attract and retain tenants.

But Albert W. Sanderson, who owns the land on which the batting center operates, wrote in a 1988 letter to Cameron, “I think the main problem is that the fellow who built your apartment house did not consider the noise or any other nuisance inherent in the batting cage.”

He added, “At this stage of the game, I can only recommend that when a person wants to rent one of these apartments, he should be informed that there might be some noise from the batting cage at certain times.”

Four sound experts have been enlisted to find out whether the batting cage noise exceeds the city’s noise control rules.

One hired by Johnson said the batting center did not violate the noise law. Another hired by the residents showed that the cages significantly exceeded the limits.

Glendale city officials had to throw out two of their noise tests because the measuring devices were improperly adjusted.

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Last July, city officials were finally satisfied that they had conducted a valid test, showing the batting center exceeded the 65-decibel noise limit in commercial zones. As a backup, the city hired an independent expert in October, who also detected violations.

The charges were filed Jan. 9.

Chris De Santis, who owns a retail complex just west of the Glendale Batting Cage, said neighbors are losing patience.

“The netting is so old and deteriorated that balls are somehow getting through,” he said. “They’re all over the roof of our shopping center. They’ve broken some glass in the skylight windows, and they’ve hit cars in the parking lot.”

De Santis said Johnson has not responded to his letters requesting compensation and repair of the netting.

Like some of the other neighbors, he feels a twinge of guilt for picking on a piece of Americana.

“The kids need a place to bat,” De Santis said. “I wouldn’t like to see him out of business. But I’d like to see him fix his place up and comply with the law.”

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