|
||||
|
Date
|
March 24,
2008
|
||
|
Agenda Item No. 47 Roll Call No. 08- Communication No. 08-166 Submitted by:
Richard A. Clark, City Manager |
||||
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 add the following permits:
- Type “F” permit – Simon Estes Riverfront
Amphitheater. A type “F” permit may
be issued for sound equipment to be used in the Simon Estes Riverfront
Amphitheater in conjunction with a lease agreement entered into with the Parks
and Recreation Department, emitting music or human speech registering not
more then 100 dBAs when measured at the soundboard area at the cement
crosswalk. All forms of amplified
sound must be turned off by 10:00 p.m. Sunday through Thursday and 12:00
midnight on Friday and Saturday.
- Type “G” permit-Special Event Live Performances. A Type
“G” permit may be issued for sound amplification equipment to be used for
live performances at events that require either a street use permit or a
contract for use of public property, emitting music or human speech,
registering not more than 100 dBAs when measured 50 feet from the amplification
equipment. Amplification permitted
under a type “G” permit will be issued for one or two days in
succession. All forms of amplified
sound must be turned off by 10:00 p.m. Sunday through Thursday and 12:00
midnight on Friday and Saturday.
- Type “H” permit- Farmer’s Market. A Type “H” permit may be issued to
Farmer’s Markets, which have a street closure, for sound amplification
equipment allowing music up to 85 dBAs for the duration of the street
closure.
FISCAL IMPACT: NONE
ADDITIONAL INFORMATION:
At
the February 11, 2008 Council meeting, Council amended the ordinance by:
·
Adding
a Type “E” permit for background sound equipment registering not more than 65
dBAs;
·
Adding
a month-long sound permit to be used on eight days designated by the permit
holder in a one month period;
·
New
permit fees:
-
One day or less $40.00
-
Over one day through one week $100.00
-
Permits for one month to be used on
eight
designated days $200.00
-
Background sound permit (this
permit
is allowed for one year) $300.00
·
Decreasing
allowable decibel levels and hours for Type A permits to 85 dBAs from the hours
of 9:00 a.m to 10:00 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.
·
Changing
the process by which a sound permit may be revoked from two violations in a
24-month period to two violations in a 12-month period. Revocation of a sound
permit will now be through an administrative hearing process.
·
Changing
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.
·
Decreasing
the distance when measuring detectable sound vibrations from a vehicle between
the hours of 7:00 p.m and 7:00 a.m. from fifty (50) feet to twenty-five (25)
feet from the vehicle.
The City Council also directed staff to meet to review
changes to the Downtown area and other entertainment venues to allow higher
decibel levels for live music events.
Staff has recommended the addition of three sound permits as in the Synopsis. The Type “G” permit for Special Event Live Performances will be
issued for events that are tied to a street closure and will allow amplified
sound to register not more than 100 dBAs when measured 50 feet from the
amplification equipment. Staff felt that the Simon Estes Amphitheatre
is a unique venue in the City of
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 approved a moratorium on the issuance of year-long
sound permits. Staff
had received numerous complaints from residents regarding noise from sound
equipment used in conjunction with sound permits causing noise disturbances at
their residences throughout 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.
PREVIOUS COUNCIL ACTION(S):
Date: February 11, 2008
Roll
Call No.: 08-240
Action: Amending Chapter 42 of the Municipal Code
regarding noise control. (Council Communication No. 08-048) Moved by Kiernan that this ordinance be
considered and given first vote for passage, amended as follows: 1) The
city-wide Type A Permit to be allowed from 9:00 A.M. to 10:00
P.M. 2) The downtown permit for Sunday through Thursday to be
allowed from 9:00 A.M. to 10:00 P.M. 3) Appeals of the Hearing
Officer decisions will be heard by the City Council; refer to the City Manager
to review changes to the Downtown area and other entertainment venues to allow
higher decibel levels for live music events. This recommendation will be
forwarded to Council at a later date. Motion Carried 5-2.
Nays: Coleman and Meyer.
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.
For more information on this and other agenda items,
please call the City Clerk’s Office at 515-283-4209 or visit the Clerk’s Office
on the second floor of City Hall,