Agenda Packets - 2013/09/03 - Laserfiche WebLink

Home Browse Search

Noise Control Regulations Report September 3, 2013 Page 2 (2) Loud noises between the hours of ten o'clock (10:00) P.M. and seven o'clock (7:00) A.M. of such volume as to be plainly audible at a distance of one hundred feet (100') from the residential premises wherein such loud party or gathering is located shall be prima facie evidence of a violation of this Section. (3) No persons shall visit or remain within any residential dwelling unitwherein such loud party gathering is taking place, except the owner, persons residing in that unit or persons who are there for the sole purpose of abating the disturbance. c. Stereos, Radios, Tape Players, Disc Players, Etc.: Operation of a stereo, radio, tape player, disc player, or any such device at anytime in a motor vehicle in such a manner as to be plainly audible at a distance of fifty feet (50') from the vehicle shall be prima facie evidence of a violation of this Section. As evidenced by the first subdivision in Section 706.08, the Code takes a broad, comprehensive approach to defining a code violation, providing for discretion on the part of the enforcement official: "It shall be unlawful for anyperson to make or cause to be made any loud, unnecessary or unusual noise which either annoys, disturbs or affects the comfort, repose, health or peace of others." The regulation makes no distinction between a residential or non-residential district. The question, it would seem, is whether amplified music could be considered a "loud, unnecessary or unusual" noise. While certain musical genres could be considered noise by some, unless the music is occurring after 10 pm, it is generally not cited as such. In his appearance before the City Council, Mr. Love referenced an ordinance that had been adopted in 2008 that addressed outdoor special events but was repealed the following year after being found overly onerous and restrictive. (See attached Ordinance 808.) Mr. Love suggested that a rock concert is not appropriate in a residential district regardless of the time of day. While his position is understandable, crafting a regulation that promotes peaceful and quiet neighborhoods would be a challenging proposition. Some of the questions to consider may include: • Would all amplified music prohibited? • What about a wedding reception or a grad party? • What about "unplugged" music? • What about the Festival or Music in the Park? • Should a car show or motorcycle rally be prohibited? • Should neighbors to a proposed event be noticed? • Should outdoor events require a permit? CUP? • How would an outdoor event be defined?