HomeMy WebLinkAboutA001 - Council Action Form dated August 20, 1985 ITEM # �
DATE: AUGUSTX, 1985
COUNCIL ACTION FORM
SUBJECT: DISCUSSION OF REVISIONS TO NOISE ORDINANCE
BACKGROUND:
One of the City Council's targets for 1984-85 was for staff to examine all
existing ordinances and recommend changes which would help staff to enforce
these laws. The staff has determined that the present noise ordinance has
some limitations that create difficulty in enforcement. In particular, noise
emanating fran back yards is disturbing the peace of next door neighbors, but
taking a meter reading fran the nearest street or alley often does not indi-
cate a violation. An option of taking a reading from the complaining party's
property line would aid in these situations. In fact, this is the language
that was included in the original noise ordinance. The addition of this
option along with the present language for reading at the nearest street or
alley would no doubt increase our enforcement capabilities.
The current noise ordinance allows a motor vehicle to emit noise up to 84
decibels when measured at a distance of 25 feet. A study by the Police
Department of vehicle noise enforcement was done on July 7, 1985, and the
results showed that a motorcycle with no mufflers registered only 82 decibels
when read from 25 feet. Therefore, reducing the maximum decibel limit to
approximately 70 decibels may be more effective and serve to satisfy some of
the cottplaints we are getting from our residents.
Section 16.7 of the noise ordinance states that the reading for situations
when a permit has been issued must be taken 50 feet from the source. This
measuring distance seems to be in conflict with other sections of the ordi-
nance. Therefore, in order to eliminate confusion, it may be advisable to
ensure that the reading be taken under the same guidelines for those in-
stances when a permit was not issued.
ALTERNATIVES:
1. Take no action at this time.
2. Direct the City Attorney to revise the noise ordinance to include the
three changes mentioned above.
3. Refer these proposed changes to the University/Student/City Committee as
well as other groups to ensure adequate publicity and discussion regarding
the changes have been accomplished before the ordinance is referred to the
City Attorney for drafting.
MANAGER'S RECOMMENDED ACTION:
The staff believes that the three changes stated above would significantly
improve the noise ordinance and assist the Police Department in enforcement.
However, the staff also realizes that the current ordinance was developed
after extensive review by various groups within our community, including the
GSB, University/Student/City Committee, and Neighborhood Association repre-
sentatives. Therefore, it is believe that before these changes are incor-
porated into the Code, these same groups must have an opportunity to review
and comment on the proposed changes. Hopefully this review could take place
in the coming months and that the matter could be brought back to the City
Council sometime after January 1st for final action. Final passage during
the winter months would allow staff adequate time to publicize any changes in
the noise ordinance prior to the beginning of outdoor parties which commonly
take place in the spring. Therefore, it is the reconmendation of the City
Manager that the City Council adopt Alternative #3 and refer the staff's
proposed noise ordinance changes to the University/Student/City Committee,
the GSB, and the Neighborhood Associations for their review and ccmnent prior
to City Council taking any final action.
COUNCIL ACTION:
MANAGER'S RECOMMENDED ACTION:
The staff believes that the three changes stated above would significantly
improve the noise ordinance and assist the Police Department in enforcement.
However, the staff also realizes that the current ordinance was developed
after extensive review by various groups within our community, including the
GSB, University/Student/City Ccxnnittee, and Neighborhood Association repre-
sentatives. Therefore, it is believe that before these changes are incor-
porated into the Code, these same groups must have an opportunity to review
and comment on the proposed changes. Hopefully this review could take place
in the coming months and that the matter could be brought back to the City
Council sometime after January lst for final action. Final passage during
the winter months would allow staff adequate time to publicize any changes in
the noise ordinance prior to the beginning of outdoor parties which commonly
take place in the spring. Therefore, it is the reccmmendation of the City
Manager that the City Council adopt Alternative #3 and refer the staff's
proposed noise ordinance changes to the University/Student/City Committee,
the GSB, and the Neighborhood Associations for their review and comment prior
to City Council taking any final action.
COUNCIL ACTION: