It’s New Ballgame in Batting Cage Dispute : Noise: City attorneys drop the charges because they say the regulation is outdated. But they may file a new complaint after the ordinance is revised.

City attorneys on Wednesday dropped noise-level violation charges against the owner of a Glendale batting center, saying the city’s law regulating noise is too outdated.

But prosecutors said they will file new charges if the batting cages violate an updated ordinance expected to be drafted by Friday.

In exchange for the dismissal of the charges, David Johnson, owner of the Glendale Batting Cage, agreed to pay $1,152 to cover some of the costs the city incurred in the case, said Ron Braden, senior assistant city attorney.

Two misdemeanor counts of violating the city’s noise limits were filed in January against Johnson after apartment dwellers behind the batting center complained to city officials. Two charges of displaying an illegal advertising sign and operating an illegal snack bar also were filed.

All four charges were dropped Wednesday. Johnson acquired a permit for the sign and closed the snack bar, Braden said. He said the noise violations were dropped because the ordinance, enacted in the early 1960s, specified outdated noise measurement methods.

Robert DePiano, Johnson’s attorney, said Johnson has reduced noise by shutting down two batting cages closest to neighbors, covering metal surfaces frequently struck by baseballs and using quieter foam-filled bats and balls. Johnson will also meet soon with disgruntled neighbors to discuss the conflict, DePiano said.

But, he added, Johnson maintains that he never violated noise levels.

“I feel bad for my client in this case because he has spent thousands and thousands of dollars showing the city they made a mistake,” DePiano said.

Braden said it is uncertain whether those modifications brought the cages into compliance with the current ordinance because officials have not tested the cages since the charges were filed. But the facility most likely will be tested again once a new ordinance is drafted and approved by the City Council, he said.

Residents said Wednesday that they are upset by the agreement between Johnson and the city. They said they are considering legal action to compel city attorneys to enforce the current ordinance and prosecute Johnson. They also said they will press for new noise-violation charges against the owner once an updated ordinance is in place.

The dismissal of the charges “had all been agreed to privately, behind closed doors, without any consultation with the complaining parties,” said Robert Paone, who lives in an apartment building behind the batting cages. “The noise situation has hardly abated.”