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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 10/16/2001 - FIRST READING OF ORDINANCE NO. 154, 2001, AMENDING AGENDA ITEM SUMMARY ITEM NUMBER: 12 FORT COLLINS CITY COUNCIL DATE: October 16, 2001STAFF: Brain Woodruff SUBJECT: First Reading of Ordinance No. 154, 2001, Amending Chapter 20, Article II of the City Code Regarding Noise. RECOMMENDATION: Staff recommends adoption of the Ordinance on First Reading. FINANCIAL IMPACT: Amending the noise control ordinance would not itself incur financial impact. Enforcement resources are limited, however, and in the future, budget resources may be requested to increase them. EXECUTIVE SUMMARY: As part of an effort to improve noise enforcement, the City Manager initiated review of the City's noise control ordinance (codified in Chapter 20, Article 11 of the City Code), which was originally implemented in 1981. A staff team reviewed the ordinance and proposed modest amendments to bring it up-to-date. The Council Health and Safety Committee reviewed the proposed amendments and made some changes. Following are highlights of the draft amendments: UNCHANGED PROVISIONS • Numerical decibel limits based on zoning districts and/or vehicle speed limits would not be changed. These standards are widely used in local noise ordinances. • Police Officers would continue to judge noise disturbances without a meter reading. This has been the most effective and most used defense against noise disturbances — it's simple lipand flexible, and it keeps the need for meter readings to a minimum. DATE: October 16, 2001 2 ITEM NUMBER: 12 NEW PROVISIONS • A Code Compliance Inspector would be defined as a City employee with noise measurement training and authority to issue summonses and to grant variances. This makes it clear who is responsible for meter-based enforcement, correcting an omission of the original ordinance. • Noise disturbances originating in Larimer County would be covered under certain conditions. Although the County and City have similar noise ordinances, this would fell a gap in enforcement coverage that now occurs when noise originating in the County causes a nuisance within the City. • Impulse noises would be covered. This would specifically recognize nuisance sounds that have sudden onset and rapid decay, such as clanging pipes. • Pure tones would be covered and would have a five-decibel stricter noise limit. This would specifically recognize nuisance sounds such as the whining or humming ofheavy machinery. • Sound originating and received in different parts of a multiple-use building would be covered. This would cover occupants of buildings that have mixed-uses such as retail, commercial, and residential. • Lawn/garden equipment and snow handling equipment would have a limited exception. An exception is needed for these common, necessary home and business activities. • Golf course mowing would have a limited exception. Although mowing may be louder than residential standards,people who live adjacent to golf courses tacitly accept, by their choice of residence, the noise from necessary golf course mowing. MODIFIED PROVISIONS • A Code Compliance Inspector would approve variances, with appeal to the City Manager (currently, the Manager approves variance requests, with appeal to Council). This would simplify the variance procedure for both applicants and City staff. • Day-time noise limits would be allowed for an extra hour in the evening (currently: 7 a.m. to 7 p.m. — proposed: 7 a.m. to 8 p.m.). This would provide added evening time for common activities such as lawn mowing. DELETED PROVISIONS • Council authority to designate certain areas as quiet zones would be deleted. This authority has never been used since it was created in 1981. • Sounding a vehicle horn for purposes other than danger warning would no longer be a violation. This would recognize reality: only Police Officers can stop a vehicle, and they have much more important priorities than vehicle horn enforcement. BACKGROUND: Noise hurts. Exposure to noise in community settings can result is physiological, biochemical, and psychological impacts which can be roughly termed stress. Residents of Fort Collins are entitled to the peaceable enjoyment of their private property and should be able to conduct conversations uninterrupted and to sleep undisturbed. City Council addressed these issues in 1981 by adopting an ordinance establishing noise control. The ordinance allowed City staff to respond to noise disturbances in a flexible manner: DATE: October 16, 2001 3 ITEM NUMBER: 12 • Nuisance approach. Police officers were empowered to make a prima facie determination as to whether a noise is unreasonable. Although subjective, this approach continues to be the most frequent and effective enforcement method for sounds associated with inconsiderate behavior. For example, an officer has the flexibility to break up a loud party at midnight and to allow an identical party at noon to continue. • Performance standard approach. Maximum permissible noise levels were set for each zoning district. Rarely used, this approach is useful for mechanical noises, where a more objective standard is required. It allows staff to take readings with a sound level meter to determine whether a sound source is in compliance. Meter-Based Noise Enforcement By the 1990s, the City's ability to enforce the performance standards had nearly lapsed. Residents sometimes got a run-around when they asked for meter readings. While the ordinance makes clear that Police Officers can make a prima facie judgement that noise is unreasonable, it does not say who should take meter readings. Recent noise investigations discovered certain technical gaps in the current ordinance: it fails to cover impulsive sounds such as clanging pipes and pure tones such as an exhaust fan. As in many other communities, the City's noise ordinance fell into disuse partly because it was unwieldy to enforce. In 1997, the City Manager directed that noise ordinance enforcement be updated in two steps: • Identify who would be responsible for enforcement of the meter-based noise ordinance, and to give them proper equipment and training. • Convene a staff team to update the noise ordinance. The first step was completed in Spring 1998, when the City Manager assigned meter-based noise enforcement to the Health and Safety Division. Division staff members have been equipped with industry-standard noise meters and have received training in community noise enforcement. Ordinance Review A staff team was formed with representation from several affected departments. A consultant analyzed the current ordinance and offered suggestions. In addition, the team used the Model Municipal Noise Ordinance published in the handbook of Environmental Acoustics as a pattern for its proposed amendments. The team completed its review in Spring 1999 and presented its recommendation to the Council Health and Safety Committee. In performing its review, the team kept several principles in mind: • Bring the ordinance in line with modem community noise enforcement (e.g., using the model noise code as a guide) • Make it easy for citizens to understand and comply (e.g., prefer time-of-day restrictions over DBA restrictions) • Make it easy to enforce in the field (e.g., restrictions based on standard meter readings...no need to average readings over several minutes) DATE: October 16, 2001 4 ITEM NUMBER: 12 • Keep meter-based enforcement to a minimum (e.g., continue to rely on Police Officer judgement as the first line of defense against noise disturbances) • Make it reasonable — avoid interference with necessary home and business activity (e.g., exceptions for mowing and snow-blowing) • Make it workable— avoid specifying technical procedures in the ordinance (e.g., rely on trained Code Compliance Officers to apply good professional practice when evaluating noise complaints) The Health and Safety Committee considered the draft amendments between Fall 1999 and Spring 2001. The Committee recommended going forward with the draft ordinance with the following amendments: • Latimer County. The amendments address a gap that was created with the adoption of Latimer County's noise ordinance. Although the County ordinance has the same decibel limits for residential areas, the ordinance specifies that it is applicable only within the unincorporated area of the county. This means the County would not enforce against a noise source in the County that was causing a problem within the city—a gap that the City noise ordinance needs to fill. Committee members were concerned that this provision could stress the City-County relationship. They agreed that the City should fill the gap by taking jurisdiction over cross-boundary noise nuisances, however, the County should be given an opportunity to enforce its regulation first. These provisions are contained in Section 20-26 (Extraterritorial noise source). • "Coming to the nuisance". Sometimes noise complaints arise when someone builds or buys a home adjacent to an established business. The Bredero-Price Company, for example, found itself the target of complaints from its residential neighbors over the midnight clanging of steel pipes. Although they violated the City noise ordinance, Bredero-Price argued that the company had been in business at that site since the mid-1960's— long before the housing was built nearby —and was entitled to continue their noise level as before. Committee members were concerned that such noise complaints could be unfair and wanted to provide some protection for long-established businesses. The staff Land Use Code Team and the Council Growth Management Committee also considered the matter. All encountered the difficulty that any exception for pre-existing noise sources would have to be stated in the ordinance itself, i.e., it could not be handled in a more-flexible guideline document. A GIS map was prepared that showed that the situation that Committee members were concerned about would not occur very often. After considering a number of alternatives, Committee members decided not to create an exception for long-established business, because it is not appropriate to adopt special laws for such a rare situation. • Multi-dwelling-unit buildings: Staff had proposed a new provision that would employ meter readings for sound originating and received in different parts of a multi-dwelling-unit building. Committee members decided to delete this provision because it would be inappropriate to use inflexible, meter-based enforcement in such DATE: October 16, 2001 5 ITEM NUMBER: 12 cases. Rather, they argued, the affected neighbors should first address noise problems using common sense and courtesy. Landlords also have a role, and, finally, Police officers can be called upon to determine whether a noise is unreasonable. Outreach Because of the modest nature of the amendments, the staff team proposed to limit citizen outreach only to those affected by amendments, and the Council Health and Safety Committee concurred. Groups contacted by staff included: • Motorcycle riders (vehicle noise limits would not change) • Rental property managers (proposed coverage of multi-dwelling-unit buildings) • County businesses adjacent to the City boundary (proposed coverage of cross- boundary nuisances) Recommendation These amendments would bring the noise ordinance up-to-date, while retaining most of its features. Of course staff or citizens could propose many new ideas. Rather than add new material at this 'point, however, staff recommends that Council adopt this package of amendments and give staff and citizens a couple of years to gain some experience with them. At that point in time any problems with the ordinance would become evident, and new issues may arise, which could be addressed by City Council in future amendments to the noise ordinance. • ORDINANCE NO. 154, 2001 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 20, ARTICLE II OF THE CODE OF THE CITY OF FORT COLLINS REGARDING NOISE WHEREAS,Chapter 20,Article II,of the Code of the City of Fort Collins,contains various provisions relating to the regulation of noise in the City; and WHEREAS,various issues have arisen with regard to the substance of those provisions and the City's ability to effectively enforce the same; and WHEREAS,a staff committee has recommended revisions to these provisions which would eliminate certain provisions that are outdated and seldom utilized,while adding other provisions that would allow for more effective enforcement of the noise regulations in situations that have proved in the past to be problematic; and WHEREAS,a draft ordinance containing the staffs recommended changes to the City Code has been reviewed by the Council Health and Safety Committee, which has suggested certain changes to the draft ordinance and,with these changes,has approved the submission of the ordinance to the City Council for its consideration; and . WHEREAS, City Council has reviewed the proposed amendments and believes them to be in the best interest of the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that Chapter 20, Article II of the Code of the City of Fort Collins, be, and hereby is, amended to read in its entirety as follows: ARTICLE II. NOISE Sec. 20-21. Definitions. The following words and terms,and phrases,when used in this Article,shall have the following meanings ascribed to them in this Section: Ambient sound level shall mean the total sound pressure``level in the area of interest including the noise source of interest. A-weighting shall mean the setmd ptessere level in level so read is designatedthe eientronic filte"t",- .ist sound level meters that models human hearing frequency sensitivity; . Background sound level shall mean the total sound pressure.level in the am&of ntereai eiuding noise source of interest. t4ie eity Manager- ! ; OOV h rectr► �-,� « i94 apt emplayem of th6� aitY f iW nt ., engkiwe ass ,ast uao •fot vtutaUonsof§204-3 ax „ Construction shall mean any site preparation, assembly, erection, repair, alteration or similar action, burexelnai T demolition, for orof peblie or private rights ef-�, stmetwes, efilities or f buildinga..oc structures. eyeReaHy wevying noise shall mean steady or fittetuating mise whieh varies intervals of ti O(A) shA mean the A weighted t*tof sound.pressure.level Decibel ld l shall mean twenty (29) times the legarithm to the base 10 of the ratie of the pressttre of the . ,*ut df , slit for.sgtad pressure levee ata.specified INation. struetures, utilities,Fttblie or F ;;e rights of-way, su'rfaees or similar properties. Emergency shall mean any oeeumnee or set of eiretunstanees invol-ving aetttL14 Emergency work shall mean any work performed for the purpose of Froteeting peneris or property From immirtent expaswe to 4anger or resteritig property%a safe een44ior17oraefi0!iMeCMatytodelVet.ematiaLse ios include bttnotlimited m*1epairing watery gas;eteetrio,telepli©nesewer facilities;or'public tians ' . facilities,removingfallen trees on public rights-of-way,or abating life-threatening conditions: G�-&" vehicle �Peighf rewhtg (6;4VR) shall mean the value SFeeified by the vehiele. in eases where trailers and traeters are seFarable, the gross eembinatio weight rating (GGlhqk) whieh is the valtie SFeeified by the rnantA�e�er as the reeenuviended maximum leaded weight of the earribinMiart velliele Shail be used. Impulsive sound shall mean a noise eentaining emeursions usually less than one (1) seeen4 of sound Fresswe levei twenty (-20) dB(A) ever the arnbient mise level " , . 'W 4hiervWWW noise AW!inean a noise whose setind presswe level equa4s or is less thftn the ambient noise level two (1-2)or more times dwing the Feried of ebservmien Motor vehicle shall mean any vehicle motor, gueh as but riot litnited tO FOSsenger ears,trideks,trttek trailers, , is.ptvpj iled,or dtawn'`on. .OY a© engine or motor. Muffler shall mean asound-dmipativedeviceorsystemforattenuatingthe sound of escaping gases of an:'internal combustion engine: Multi-rise property shall,wea►a,any, districtparcel of land that is:used for more tharx ones(1)category o axiYj'k ale mcltide;beit aroano€;lnnite to: (1) A commercial, resrdemial, imi al ar public service PmP Y.having boilers, incinerators;elevators,autotitatia garage door,air conditions, laundry rooms,utiprovisions,or health and recreational facilities,or other similar devices or areas,either in the interior or on the exterior ofthe building, which maybe a source of elevated sound levels at another category on the same distinct parcel of land;or (2) A commercial building wbich has a residential use located above,behind, below or adjacent to the.commercial use. Noise disturbance shall mean any sound or health of Itumem or attirneig or s or disturbs a n of normal . . . . es sensit or endangers or injures personal or real-properef-.0 'gJ (b)disturbs a reasonable person of normal sea or(o)eratapgdnrpefsmsal or real property.. Person shall mean any individual, asseeiation partnership or eerperatie , 3 In _T -�ggy�psyy ON MO tho owned by anether vertieal extens on,whielt separates the real property owned by one (1)Fersen frern but wt ineluding kitrabuilding real property divisions. Public right-of-way shall mean any street, avenue, boulevard, road„highway, sidewalk, or alley or similar place which is leased, owned, or controlled by a governmental entity. Public space shall mean any real property or structures thereon whieh are that is owned, or controlled by a governmental entity. Prue.taaxxe ll,mean an d that c is judged as a single pitch or, t'of single pitches by the Code casipliance for. L9uiet zone shall mean my area for the purpose of ertsm4rtg emeeptional quiet. Real prtiperE{, Me shall. " eitlrea= Iluc,.inclt iEs vertical eapepsion, that"-'' ,VqC94, , ._ 't W a ),}tI ,ve#CE and horttal "s`ofa' ,. ihtguit .. eoumeiutthir�smulti-usehuildmg. Sound shall mean an eseillation in pressure, partiele dispitteetneft p&r6ele veleeity or my other physieei Formeter irt a meelimn with internal farees that eauses Sound level shall mean the weighted satintl Fresswe level obtained by the use o the seunti level meter and frequeney weighting network,as speeified in theAmeriean e iu€ tatitatieoiis sound pressure.level m in decibels with.a sound level meter set for A-weighting on slow or fast iut3egration speed: Sound level meter shall mean an instrument whieh irteltides a mierephone, a"lifier,root mean-stleare deteeter, integrator or time averager, autput meter Md weighting networks uset!to measwe sound .used to measure sound Presst .le"4000 �mingtostandardsasspediWisAl�1I .SfandardSI,4,-I or tht�"Ikst�teicut#I►ereaf. pressere and the average or'barametrie pressure fft tt given Faint in spaee,as predueed by setmd energy. 4 ,�kt�e� �tnTcrojted�b�eto tTt Atha n a asscct -m the threshalc )amasrF�eac�ff tttits.o£dezabels; Unref4 *!4,,w#e shallmeau•anY. mw s eicl h auutdttca " ' err lt1t? °' yarin! fdi ..' ten . . . : , un M ti s All . . . l f itleett t4$ _arnOoyee re . E ��s ,a,'t�g ca "ace of employmeriY, Sec. 20-22. Unreasonable noise prohibited. No person shall make, continue or cause to be made or continued any unreasonable noise; and no person shall knowingly permit such noise upon any premises or in or upon any vehicle owned or possessed by such person or under such person's control or operation. For purposes of this Section, members of the Police Department Services are empowered to make a prima facie determination as to whether a noise is unreasonable. Sec. 20-23. Maximum permissible noise levels (a) A noise measured or registered in the manner provided in § 20-24 from any source at a level which is in excess of the dB(A)established for the time period and land uses zoning districts listed in this Section is hereby declared to be exeessive and-unusually a noise disturbance and is unlawful. When a noise source can be identified and its noise measured in more than one (1) zoning land useeategery district, the limits of the most restrictive zoning elassi€eatien district shall apply. Aaxi mfm noise Lmid uses fdB6 , nr. r w.r T.T NI wR n4,?i nr AT G TT 13, T e in, i] G '1..!, !T _T CC . . zonedBusiness wtd eenunereiatl me areas T T T T, !.!3 G G, LT , L 7!90 w^ 5 90. 4!90 65 industrial use areas 2aned 1 . go . 75 ., the noise levels Fermitted yw#M Zobft sfricts ; Apeas:oa#od:' L"PO#„w idd#W(R:L) Urban W(€ 7E) Foothills Residthtial(R-F) I��h Dcr�� �pd=€3se,1'�eighborhood�€=M�N) Liw F�n�# -(use l�leighborhoo�(Y,-M`l �iEbr' �hts�roh�Lo� I�-C=L) 1w oulydedwr�r IDe�it (l�C-Ivl) Neigtftili a o r�atitin Buffer(N=CAB) Public apbwLands(P O-L) River Conservation'(R-C) Transition(T) 7.00 a.m. to 8:00 p.m. 55 8UQ.p:m to 7t00 am. 50 6 3 3 pity:- Fitt ' ) .R pyfttj nent College(C+C-N) (I-C-? Ndghhothood Commercial(N-Q L` Camen ia((C-L) Harmony CsrEtidor(H=C) . Otl p m 60 8 At1 ai .OQ a.m.. 54 Any�ne:l Implayrnent(E) 7'.00 a m tt:8:tlO p.m 70 8:00 p.m.to 7:00 am. 65 Areas zoned: Ittdustrlalfi ) 7akh &tOtip.m 80 800 pm.°ttt.7:00 am. 75 (b) If the noise source in question is a pure tone,the limits set forth above shall be reduced by five(5)dB(A). (c) In multi-use buildings, when noise originates in one (1) unit and is received in another unit within the same building, tho,;n domm dB(AY for such noise shall bo'the same;as the maximum dB(Ayfor thezoning',disttiet4av tioh the building is located. Sec. 20-24. Classification and measurement of noise. For the purposes of deterntinimg--and-classifying any noise as-emeessiae a , disturbance and determining wheClter it is in violation of§20-23,the following test measurements and requirements may shall be applied; provided, however, that a violation of § 20-22 may occur without the following measurements being made: (1) Noise hall be measured at a distance of at least twenty-five(25)feet from a noise source located within the public right-of-way, and if the noise source is located on private 7 property or public property other than the public right-of-way,the noise shall be measured at or within the property boundary of the receiving land use. (2) The noise shall be measured on a weighing sevAe en it setmd level meter " level meter. (3) Fer the purposes of t�hs Artiele, meastiremerAs with seun4 le-eel meters measwernent is not more thm five (5)miles Fer hour or twenty five (25) pkea�l+icr.ott �#ri� ettbtk �E - ,� ►ot�.n�,'q€3�111 semen recciuimended'bjr s itteter ttiaaatutet,or, t: when wind speeds,including gusts;exeda it(15)miles per hour. Sec. 20-25. Exceptions. *The provisions of this Article shall not apply to: (1) to an ernergeney eed! or neting in time of oise from emergency signaling-devices; (2) Noise from agricultural activities; (23) The operation of aircraft or other activities which are subject to federal law with respect to noise control,,and the generation of sound in situations within the jurisdiction;of the Federal Occupational, Safety,and HrAth Administration; (4) Noise from domesticpowertoo[sand lawn aiid'gardenequiprnentoperated between 7:00 a iii.;ar :8 Qft pcm provided that such tools or equipment generate less than eighty-five'(85}dl3(A}at of within any real property line of a residential property; (5) Soundfromchurchbells and cbimes when apart of areligious observance or service; (6) Any tools or equipment used. n' const< a ta#t dxtlling,:"thmoving, excavating,or demalition,provided that all niotorized equipment used in such activity iS equipped with firnetioning.nriiMers,and further provided that such wor&.Mites,place between 1:00 s ni;,and 8s00 p.m.; 8 x i o u �u s ��, a 3 �w -H a.� 61 s .Ina va.a ! A • • i HI -aB ;-.t Idl la 1l9� - > tl��' a'31 a-a K•.. i '11 k Nu • i i � }i • 9 b 1 -f 1 11 I 1 / f1 � � 1 9 ON.:3A i P: ! :I 1 1 I1 II 1 3 61'.�: ' 41 :� a s•: A a 1 1 1 fl - el 1^.-1 a - AA an! iul i �'.00 i3?.':A A = i X14�: f A >:ii#:] tl � 1 Ii /1 i A • A dg- 1 • II �1 �Ad' a � f {1a 1?: I A % ' 1 1 � 10 " 1A ' 9 . 1 : • f A Bill 8 ` f _ : 0 0 1 : 1 1 I B 1 1 1 . ' 1 � 1 �f B Ili W :il • 1 :1# ��'+ ; 9L1 9" Iki ' i A IA' AI - 9119 -:11! 1 -i ' '• IiY Lt.l�i 9 '� 1 1 0 vr.f ai • ' l � I b' I 1 A :1 f . f' '01 1 �1 • 1 tttta I � 1 1 1 � , Afl 1 • t' -'A v i :• 1 A • 1 1 B .! A I • " ' A + It 11 • A 9 1 1'�Y. l O t41 : B 111 � 1 t4 8t # it 1 --------------------- � 1 A . f ' 1 sBA • B1 1 A # +' .A 1 Y 91 . AB '0 { 11 : : 9f t 1 1 t o X 0 1 A 1 1 : 111 t 1 1 I1!Yi d i A B A iA ' f' Ie e + a . 41 t f 1 t a 'e i t a i I f1 ar.AX al It (2) TNAMW ►? tt emu.. tithe OWA- df (3) Thet level of noise=thatwill occur dur ng the period of the variance; (4) Thesecuton oxdl this Art' whrelt tlfari9uee shallIy*, A rdesption cif km�nm,uorse Y fob be tak the applicofit to minimize noise ah6thd k pali is occurring therefrom;ill (6) A specific schedule o€the noise control measures that shall be taken to bring the source into compliance witli this Article within a reasonable time: (b') Fad'.to supply the Of 0rmat �Mqufted by th Zode COOOfiffike Inspector shalt because for rejection of the application. (c) The Cc}deComplitinceInspectormaychatgetheapplicantafee,maceordancewith §7.5-1 of this Code,to cover expenses resulting from the processing of the variance application. (d) Tho Code Compliance;Inspector ma:ty at his or her diaeretion,lim#Ae daftdon of thq variance, which shall be no longer than one.(I)dear. Any`p"n avariaSxcGarialrequestivgan:extension of time shall appLvfora newvatiance under the proms oftbis Seetion. (e) No variance shall be approved unless the applicant presents adequate proof that: (1) Noise levels occurring during the period of the variance will not constitute a danger to public health;and (Z) Compliance with this Article would impose an unreasonable hardship on the applicant without equal or greater benefits to the public. (f) Under no circumstances shall the noise level of an activity for which a variance is granted for a period of time inexcess of eight(8),hours exceed ninety (9t1),decibels: (g) Indeterminingwhetherto grant avaria= the Code Comphancelnspector shall consider: (1) The character and:degree of injury to, or interference with, the public health and,welfare and the reasonable use of property that is caused or threatened.to"be caused; 11 (3) Then ,6f ,,. � . tD, ;best prastteal rioise�tt! O ,_ marltavblceby the�e tes spetP, is: (1) V l t► tme mare terms o eandrt<o s of t]t .. e (2) Matetl niisrt presetttatiorvof baialthe varianee app-heatiori;,or (3) M ..._ change m of the ;circumstances relied on€.b the Code ��ienee () Vmqpwdecigeans appealed to the Gtt ,n er by#kz ffiddrit or any affectetVoersdn... Sec. 20-28. Motor vehicle maximum sound levels. (a) No person shall operate or cause to be operated a public or private motor vehicle or motorcycle on a public right-of-way at any time in such a manner that the sound level emitted by the motor vehicle or motorcycle exceeds the levels set forth below: 12 • Speed limit w �oeted ef35 mph Speed limit or less 1t Posted Ora" i of greater �aAOMKW.akr than 35 mph § r () fsoundAres- f(sound pres- sure level Vehicles class (GVWR) sure level dB(A)] dB(A)] Motor vehicles with a manufacturer's 86 90 gross vehicle weight rating (GV WR) of 10,000 pounds (4,536 kg)or more, or by any combination of vehicles towed by such motor vehicle Any other motor vehicle or any 80 84 combination of vehicles towed by any motor vehicle, to include but not to be limited to automobiles, vans, light trucks or any motorcycle with a gross vehicle weight rating (GV WR) . less than 10,000 pounds (4,536 kg) dwiger is deelared to be in vialatiort of this Article. (eb) No person shall operate or cause to be operated any motor vehicle or motorcycle off a public right-of-way in such a manner that the sound level emitted exceeds the limits set forth in§20-23. This Section shall apply to all motor vehicles, whether or not duly licensed and registered,including but not limited to commercial or noncommercial racing vehicles,motorcycles,go-carts,snowmobiles,amphibious crafts, camper and dune buggies. (dc) Noise shall be measured at a distance of at least twenty-five(25)feet from the rtear side of the nearest lane being monitored and at a height of at least fattr (4) feet above the immediate surretmding s from the lane beirr raon tored.. (d) The noise shall be measured on,a sound level meter.. (e) No outdoor measurement shall be',taken without a wind screen . recommended by the sound level meter manufacturer,or during periods when wind speeds,including gusts,exceed-fifteen(15)rn lies per hour. 13 Sec. 20-29. Violations and Penalties. (a) Any person who violates any provision of this Article, upon conviction, shall be subject to the penalty in § 1-15. (b) Violation of any provision of this Article shall be cause for a summons to be issued by authorized enforcement officials according to adopted procedures. Introduced and considered favorably on first reading and ordered published in summary form this 16th day of October, A.D. 2001, and to be presented for final passage on the 6th day of November,A.D. 2001. Mayor ATTEST: City Clerk Passed and adopted on final reading this 6th day of November, A.D. 2001. Mayor ATTEST: City Clerk 14 • Clerk's Changes/Questions: 1. Compared existing Code language to language in ordinance. Found discrepancies primarily in the definitions section. Since we had to make some guesses about the intent behind those discrepancies, please review all definitions. 2. Changed all references to dBA to dB(A) for consistency. 3. Question: What, if any, is the difference between"dB(A)"and"decibel"? The definitions of each imply a difference,but the definition of decibel has dB(A)in brackets following the word decibel. 4. Eliminated the new definition of"County"since it is defined in Chapter 1. 5. Question: Why was the definition of"City Manager" eliminated? City Manager is not defined in Chapter 1,and does seemed to be defined in other Chapters/Articles when the City Manager has a role. 6. Eliminated (SLM) and (SPL) after the phrases "sound meter level" and "sound pressure level'in the definitions. I searched the entire ordinance for use of those acronyms,and none will exist in the revised text. 7. Question: In Sec. 2-22,there is reference to "members of the Police Department". Does that exclude officers from other entities (Sheriffs Department or State Patrol) from that power? Is that the intent? Also, should check with Ingrid on the desired phrase to describe the Police Department—she is working on cleaning up those references. 8. In Sec. 20-23,changed the references to the zone districts to conform to the Land Use Code. (I consulted Paul Eckman on this.) 9. Made changes to punctuation,capitalization,etc. to conform to the standards applied to the City Code. 10. Changed one reference to"Code Compliance Officer"and one reference to"CCI"to"Code Compliance Inspector". 11. Changed references to "this ordinance"to "this Article". 12. Question: Sec. 20-27(c)requires a copy of the variance to be kept on file by the City Clerk. What is the significance of having it with the Clerk? The Clerk does not keep other variances(such as zoning variances). Also,it is unclear if the language means the(granted) variance is to be kept on file or whether the variance application is to be kept on file. How long does it need to be kept? 15 13. Question: Sec. 20-27(d) says the Code Compliance Inspector may charge a fee. How much? Is this an administrative fee under Chapter 7.5,Article I? If so,shouldn't it say that? 14. Question: Couldn't 20-27(i) and 0)be combined? 15. Question: What is the process for appealing a variance decision to the City Manager [20- 27(k)]. 16