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Date
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February 11, 2008
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Agenda
Item No. 39 Roll
Call No. 08- Communication No. 08-048 Submitted by: Richard
A. Clark, City Manager |
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AGENDA HEADING:
Amending Chapter 42, Article IV of the Municipal Code regarding noise.
SYNOPSIS:
Recommend
approval of the amendments to Chapter 42, Article IV of the Municipal Code
regarding noise. The proposed amendments
would do the following:
·
Add a Type “E” permit for background
sound equipment:
A
Type “E” permit may be issued for sound equipment emitting music or human
speech, excluding live music, registering not more than 65 dBAs, or below the
ambient level when measured at the property boundary, edge of designated
seating area or 50 feet from the sound equipment, which ever is closer. Sound equipment permitted under a Type “E”
permit may be used only during regular hours of business operation.
·
Add a month-long sound permit:
Month-long permits may be issued for
amplified sound for use on eight days designated by the permit holder in a one
month time period. There is no limit to
the number of month-long permits a person can be granted.
·
Increase permit fees: Proposed: Current:
-One
day or less: $40.00 $20.00
-Over
one day through one week $100.00 $40.00
-Permits
for one month to be used on
eight designated days: $200.00 N/A
-Background
sound permit (this $300.00 $200.00 (for year-long permits)
permit is allowed for one year)
·
Decrease allowable decibel levels and
hours for Type A permits:
Type
A permits are issued for commercial or mixed-use areas. The allowable decibel levels will be set at
85 dBAs from the hours of 9:00 a.m to 11:00 p.m. Sunday through Thursday and
between the hours of 9:00 a.m. and 12:00 a.m. on Friday and Saturday, the
Sunday of Memorial Day weekend, Labor Day weekend and the Fourth of July should
it fall on a Sunday. This is a decrease from the allowed limit of 100 dBAs
measured at 50 feet from the property line.
·
Change the process by which a sound
permit may be revoked:
A
permit may, upon hearing, be revoked upon the second notice of violation issued
in a 12-month period. If a permit is
revoked, the applicant cannot apply for another permit for 180 days. This is a decrease from two notices of
violation in a 24-month period. Revocation
of a sound permit will now be through an administrative hearing process.
·
Change the process in which decibel
readings are taken:
Decibel
readings will be taken at the property boundary, edge of designed seating area
or 50 feet from the sound equipment, whichever is closer, rather than from 50
feet from the property line.
·
Decrease distance when measuring
detectable sound vibrations from a vehicle between the hours of 7:00 p.m and
7:00 a.m.:
No person operating or in control of a
motor vehicle, recreational vehicle, watercraft, or vessel shall operate or
permit the operation of a sound system in the vehicle so as to produce a
vibration or sound that is clearly detectable at a distance of fifty (50) feet
from the vehicle between the hours of 7:00 a.m. and 7:00 p.m. or clearly
detectable at a distance of twenty-five (25) feet from the vehicle between the
hours of 7:00 p.m. to 7:00 a.m.
FISCAL IMPACT:
Amount: Additional revenue is anticipated due to the
recommended increase in the sound permit fees.
Funding Source: FY07-08 Operating Budget, GE001, CDD070100, pg.
96
ADDITIONAL INFORMATION:
At the Council Workshop of October 29, 2007, staff presented amendment
recommendations to Council regarding the City’s Noise Ordinance. At the November 5, 2007 Council meeting, by
Roll Call No. 07-2153, Council placed a moratorium on the issuance of year-long
sound permits. Staff had received
numerous complaints from citizens regarding noise from sound equipment used in
conjunction with sound permits causing noise disturbances at residences
throughout the City of
The
current noise ordinance allows for the issuance of year-long sound permits for
amplified sound in C-3 Central Business Districts to be measured at no more
than 100 dBAs at a distance of 50 feet from the sound equipment. Staff believed that these sound levels and
the year-long permits are excessive, and a review of the sound ordinance as it
relates to sound levels, length of time permits are allowed to run, as well as
other provisions in the ordinance was necessary. Staff has spent the last
several months amending the entire noise ordinance to insure that the City of
As
directed by Council, staff held a public hearing on November 15th and
invited business establishments, neighborhood associations and holders of year-long
sound permits to provide their input on the recommended ordinance changes. Staff took into consideration all the
suggestions and comments that were given at this public hearing as they were
amending the ordinance.
Staff
is also recommending that the Council review this ordinance in one year to ensure
the amendments are providing the proper balance between entertainment areas and
residences.
PREVIOUS COUNCIL ACTION(S):
Date: November
5, 2007
Roll Call
No.: 07-2153
Action: Resolution establishing a temporary moratorium
on issuance of year-long sound permits. (Council Communication No. 07-669) Moved by Hensley to adopt.
Motion Carried 7-0.
BOARD/COMMISSION ACTION(S):
NONE
ANTICIPATED ACTIONS AND FUTURE COMMITMENTS:
Second and
third readings of the ordinance.