To From Cc Re Date Council Tony Arnett David Heckler by mrleitner


									To: From: Cc: Re: Date:

Council Tony Arnett David Heckler Noise Ordinance March 1, 2000

Please refer to these sections of the code: Chapter 634, Noise Chapter 1254, Office/Research District Chapter 1260, Light Industrial District The issues I wish to address are two-fold: first, that the present Noise Ordinance (Ch. 634), is inappropriate for dealing with the real everyday noise issues in town, namely car stereos; second, that there would appear to be a conflict between the noise standards in Ch. 634 and the noise standards in Ch. 1254 and 1260. First, the everyday use of Ch. 634. If you review this chapter, you will find very specific technical directions for the measurement of sound and the decibel levels appropriate to various zoning districts. However, I think that common sense tells us that one simply does not have the time or opportunity to fetch and calibrate the meter and measure sound in a situation where car stereos (or loud parties for that matter) are involved. It’ simply s not practical. I suggest we look to other communities for specific examples of ordinances aimed at car stereos in particular (the Manager and the Chief may already have examples.) I respect the rights of individuals to listen to what they want to listen to. However, when their exercise of that right infringes on my equal right to listen to what I want to listen to, then we have a problem. I suggest we find a practical solution to this problem. Second, the possible conflict between 634 and 1254/1260. Chapter 634.04 (a) defines what zoning districts fall under what noise classification (for example, Light Industrial is called ‘ Class 3’ 634.04 (b) then sets out the specific decibel limits for the 3 classes (in ). the case of Class 3, continuous noise at the property line of 75 decibels, or sound impulses of 110 decibels, again, at the property line). However, under Chapter 1260, Light Industrial District, section 1260.02 (a) calls for ‘ that no noise is perceptible outside such premises’ So which is it? 75/110 decibels or ‘ noise’ Chapter 1254, . no ? Office/Research also calls for ‘ noise’ However, in this case, the Office/Research no . District isn’ even mentioned in Chapter 634 (I believe because the Noise Ordinance was t passed in 1975 and the Office/Research District was created in 1981.) I suggest that Council refer this to the Planning Commission. My personal preference at this time would be to remove the ‘ noise’provision from 1254 and 1260, and add no Office/Research into Class 2 of the Noise Ordinance (634.04.a.2).

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