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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 02/14/2017 - AMPLIFIED SOUNDDATE: STAFF: February 14, 2017 Delynn Coldiron, Neighborhood Services Manager Tom Leeson, Director, Comm Dev & Neighborhood Svrs WORK SESSION ITEM City Council SUBJECT FOR DISCUSSION Amplified Sound. EXECUTIVE SUMMARY The purpose of this item is to consider whether staff should move forward with changes to the existing noise ordinance that would specifically address amplified sound. GENERAL DIRECTION SOUGHT AND SPECIFIC QUESTIONS TO BE ANSWERED 1. Does Council want staff to continue doing research or work on this item? 2. Should staff bring forward a formal amendment to City Code to add language to the existing noise ordinance specifically related to amplified sound for Council consideration? BACKGROUND / DISCUSSION Research Many communities have an amplified sound component to their noise ordinance. Staff researched several communities to look for best practices in this regard and found a variety of approaches employed. (Attachment 1) Specifics considered included amplified sound zones, decibel limits, timeframes, noise level monitoring, penalties for non-compliance, related fees, and other general information items. The communities researched included both peer cities, and those identified as music cities that have significant experience and best practices with outdoor music venues and events. Staff visited in person with representatives of three of the music cities researched to further discuss amplified sound, related impacts to their respective communities, and some of the ideas/solutions they are using to help address concerns. Variance Requests Fort Collins’ noise ordinance does not currently contain any language specific to amplified sound. All noise/sounds, whether or not they are amplified, are governed by existing limits found within the ordinance. Generally, when a special event or concert that includes amplified sound is scheduled, the event organizer submits a noise variance request to City staff. A variance is normally granted that allows the organizer to exceed prescribed decibel levels and often provides designated hours that the variance applies, as well as requirements for outreach to surrounding neighbors. The variance typically allows for sound to be at 65 decibels with peaks up to 70 decibels. For large events that also require a special events permit, Compliance Inspectors will attend the event and collect sounds measurements throughout the event. If sound levels exceed what is allowed, they work with the event organizer and/or sound contractor to get the levels adjusted immediately. Noise Monitoring – 2016 Events During the 2016 event season, Compliance Inspectors monitored seven major events. These included:  Realities Ride and Rally  Ride the Rockies Finish Festival February 14, 2017 Page 2  Rio Grande’s 30th Anniversary Celebration  Taste of Fort Collins  Colorado Brewer’s Festival  Tour de Fat  Bohemian Nights at NewWestFest Compliance staff took noise readings at the closest residential property lines outside of the event. In the downtown area, readings are often taken at Meldrum Street, Mason Avenue, Howes Street, and Sherwood Street. Other locations are added if staff hears about concerns. Detail on the noise readings and related code compliance efforts can be found in Attachment 2. The information shows only a couple of instances where enforcement action was necessary and, in those instances, event organizers complied. A check of police records found that no noise complaints were received for any of the seven events. However, Neighborhood Services staff received questions directly from City leaders on a couple of occasions during two of these events. Compliance staff was able to provide noise reading data as well as detail on any response that was taken with the event organizer. Based on this information, it appears that the current variance process and enforcement efforts are working reasonably well. Strategies to Monitor and/or Mitigate Sound As part of this project, staff researched the potential of using stationary sound reading equipment at outdoor public locations that host frequent events such as Washington Park, Civic Center Park, and areas downtown where NewWestFest occurs. This type of equipment would make it possible for 24/7 monitoring in these areas with data available online for anyone who is interested. The cost of this type of equipment is quite high, at $12,000 to $13,000 per station. In addition to 24/7 monitoring, additional benefits of this type of technology include the ability to administer the system remotely, the creation of emailed reports and event notifications, and cell phone notifications to compliance staff if the sound reaches a certain level. Of the communities staff researched, the City of Austin was the only municipality currently utilizing this type of technology. This technology is also being used at the Del Mar County Fairgrounds in California and at several airports and factories. This would provide an innovative way to give residents and leaders a way to track amplified noise at special events that are occurring in these locations and Code Compliance staff some additional tools to assist them with their enforcement efforts. Another strategy to help with noise mitigation efforts is to work with an acoustic consultant or sound engineer to develop guidelines for each downtown venue where frequent events are held. The guidelines would include items such as stage location options, speaker placement options, and any other items that would help mitigate noise levels in surrounding residential areas. Information on the Physics of Sound and Acoustics Updating the City’s existing noise ordinance to include amplified sound would give clear direction, ensure consistency, and could eliminate the need for variance requests related to this item. However, even with these changes, staff anticipates occasional concerns will be raised over amplified sound, based on what people perceive as a nuisance or annoyance and how unpredictably outdoor sound behaves due to atmospheric conditions. An Executive Summary that was developed by Bob Mahoney, an acoustician who assisted the City with sound studies related to proposed amphitheaters in 2007, and provides more information on these items (Attachment 3). More detailed information on these items can be found at: https://www.youtube.com/watch?v=JpJiurHVodA&feature=youtu.be Staff Recommendation Staff recommends moving forward with amendments to the noise ordinance, specific to amplified sound. These amendments will:  Give clear parameters for concerts and events that include amplified sound - Allowable decibel levels February 14, 2017 Page 3 - Permissible hours for amplified sound - Levels and hours may differ by specified zones  Help insure a consistent process specific to amplified sound - Possible permit process - Process for notification to surrounding neighborhoods  Apply to all events with amplified sound within the City Potential Next Steps 1. Work with the City Attorney’s Office to develop ordinance language specific to amplified sound 2. Develop a community engagement plan and move forward with public outreach 3. Finalize amendments to the noise ordinance and bring forward for Council consideration. ATTACHMENTS 1. Municipal Ordinance Comparison Chart (PDF) 2. Code Compliance Readings (PDF) 3. Executive Summary on Noise and Accoustics (PDF) 4. Powerpoint presentation (PDF) CITY AMP. SOUND IN GENERAL DB(A) LIMITS DB(A) LIMITS SPECIFCIALLY FOR AMP SOUND MONITORING PENALTIES FOR NON- AVERAGE NOISE OTHER Fort Collins No • 55-80 dB(A) depending on the zone and time of day • Measured at: o A distance of at least 25ft. from the noise source located within the public right-of-way o At or within the property boundary of the receiving land use if noise source is located on private or public property other than the public right-of-way • Not specified in municipal code Hand-held meters Variance can be revoked Unknown There are specific hours for amplified sound at Washington Park: 12pm-9pm Fri & Sat, 12pm- 8pm Sun-Fri. Palo Alto • Yes (in Open Air Loudspeakers and Parks and Rec Ord.) • Residential: No more than 6 dB above the local ambient at any point outside of the property plane • Commercial and industrial: No more than 8 dB above the local ambient at any point outside of the property plane. • Public property: No more than 15 dB above the local ambient at a distance of twenty-five feet or more • Daytime exception: o Noise that does not produce a noise level exceeding 70 dBA at 25ft. under its most noisy condition of use is exempt from the noise limits above M-F 8am-8pm, Sat. 9am-8pm, and Sundays and holidays 10am-6pm. • Sound amplifiers cannot be operated in city parks or open space lands emitting sound in excess of the general noise limits • Amplifiers not allowed from 11pm-1 hour after sunrise in any public street, park, or grounds, or any other area the public has access to (publicly or privately owned) • Hand-held meters • Used by patrol officers if they're called to noise complaints that may exceed reasonable levels • Issue an administrative cite if necessary • Violations are paid to the Revenue Collections Dept. • Cites are issued to the event planner Under 5 If plan to have any amplified noise or have noise existing outside normal daytime hours, a noise exemption permit application is required. Boise • Yes (in Noise and Parks and Rec. Ordinance) Noise Ordinance only specifies dB(A) limits for amplified sound • Cannot be plainly audible within any place of residence not the source of the sound, or, plainly audible upon a public right-of-way or street at a distance of 100ft. from the sound source • In a park: 62 dB(A) measured at a distance of 20ft. from device except as authorized by permit • Allowable levels in the parks range from 65-75 dB(A) for no more than 4-5 consecutive hours Longmont Yes (in Noise Ordinance) • Night time: (10pm-7am): o Residential: 50 dB(A) o Commercial: 55 dB(A) o Industrial: 75 dB(A) • Daytime: o Residential: 55(A) o Commercial: 65(A) o Industrial: 75(A) • Measured at: o Distance of at least 25ft. from the noise source 80 dB(A) as measured from the perimeter of the area, with a permit • Sound level meters from Extech Instruments • They are checked out by event organizers • Event organizers can also download an app on their phone to monitor sound levels • Can refuse to issue a permit in the future • Police can issue a ticket 3-4 complaints Decibel readers may be checked out from the City Clerk’s Office on a first-come first-served basis upon payment of a refundable deposit of $100. They've only had a few small event organizers check them out and they indicated that they were easy to use. Portland Yes (in Noise Ordinance) • 55-75 dB(A) depending on the zone and time • Measured at: o The property line Depends on the event and where it will occur, but it is usually set at 85 dB(A) with a variance Hand-held meters (Bruell and Kjaer) Up to $5,000. The fine can be charged every 30 min. if event organizer is not complying. Noise variance can be pulled and event ended if necessary. Unknown • They have a Noise Review Board which consists of: 1) a professional in acoustics, 2) one representative of the construction industry, 3) 3 citizens, and 4) the Sound Officer. They develop recs for revisions and long-term objectives for reducing sound levels. Denver Yes (in Noise Ordinance) • 50-75 dB(A) depending on the zone and time • Measured at: o The closest residential property line Code Compliance Noise Readings 2016 Special Events Event: Realities Ride and Rally - May 28 & 29 Location: Washington and Civic Center Park Variance: Variance granted for amplified sound to be 65dBa (peak at 70) on west side of Meldrum Street. In addition, organizer agreed to turn down volume/bass upon request by code compliance if deemed unreasonably loud. This is the typical allowance and location for readings since it’s the nearest residential area. Noise Readings and Outcomes: On both days, noise readings for this event showed that the amplified music never exceeded 60 dB on the west side of Meldrum Street. On Sunday, noise readings from the south side of Mountain Avenue were substantially higher and, when combined with the motorcycles, exceeded what was allowed. Staff asked the event organizer to turn down the sound which they complied with. As well, the music was supposed to end at 4:30 p.m. due to a mass that was scheduled to start at St. Joseph’s at 5:00 p.m. At 4:50 p.m. the compliance inspector talked to the sound staff who were attempting to get the band to stop. At 5:05 p.m. compliance staff stopped the event so the mass was not disturbed. Event: Ride The Rockies Finish Festival - June 17 Location: Odell’s Brewery Variance Specifics: Variance granted for amplified sound to be 65 dBA (peak at 70) on Third Street. In addition, organizer agreed to turn down volume/bass upon request by code compliance if deemed unreasonably loud. Noise Readings and Outcomes: Compliance inspectors did readings and while music was playing, the sound was between 49.9 dBA and 65 dBA. There was a peak at 68.4 when there was crowd noise and music. One reading occurred at 69.2 when there was a loud announcement. No enforcement was needed. ATTACHMENT 2 Code Compliance Noise Readings 2016 Special Events Page 2 Event: Rio Grande’s 30 th Anniversary Celebration - June 18 Location: Mountain Avenue between College Avenue and Mason Street Variance Specifics: Variance granted for amplified sound to be 65 dBA (peak at 70) at Mountain Avenue and Howes Street. In addition, organizer agreed to turn down volume/bass upon request by code compliance if deemed unreasonably loud. Noise Readings and Outcomes: Code Compliance did readings at Mountain Avenue and Howes Street, Mountain Avenue and Mason Street (behind the stage) and Mountain Avenue and College Avenue during the event. Readings at Howes Street ranged from 53.7 dBA to 63.4 dBA. There was a peak when the church bells rang at 76.8 dBA. Mountain Avenue and Mason Street readings were 68.3 dBA to 71.2 dBA and at Mountain Avenue and College Avenue approximately 71.3 dBA. No enforcement was needed since they were within limits at Mountain Avenue and Howes Street. Event: Taste of Fort Collins - June 10-12 Location: Washington and Civic Center Parks Variance Specifics: Variance granted for amplified sound to be 65 dBA (peak at 70) on the west side of Meldrum Street. In addition, organizer agreed to turn down volume/bass upon request by code compliance if deemed unreasonably loud. Noise Readings and Outcomes: Readings throughout the weekend ranged from 58 dBA to 63.8 dBA. There were peaks to 70dBa and the highest readings were on the 10 th when the concert was in Washington Park. Readings were taken at other locations around the event and found the decibel levels within the allowable limit. No enforcement efforts were needed. Code Compliance Noise Readings 2016 Special Events Page 3 Event: Colorado Brewer’s Festival - June 25-26 Location: Washington Park Variance Specifics: Variance granted for amplified sound to be 65 dBA (peak at 70) on the west side of Meldrum Street. In addition, organizer agreed to turn down volume/bass upon request by code compliance if deemed unreasonably loud. Noise Readings and Outcomes: Readings from the west side of Meldrum Street over the weekend ranged from mid-50’s to 66 dBA. No enforcement actions were needed. Event: Tour de Fat - September 3 Location: Washington Park Variance Specifics: Variance granted for amplified sound to be 65 dBA (peak at 70) on the west side of Meldrum Street. In addition, organizer agreed to turn down volume/bass upon request by code compliance if deemed unreasonably loud. Noise Readings and Outcomes: Readings from the west side of Meldrum ranged from 62.6 dBA to 68.4 dBA. Readings from the east side of Sherwood ranged from 63.6 dBA to 71.6 dBA. No enforcement actions were needed. Code Compliance Noise Readings 2016 Special Events Page 4 Bohemian Nights at NewWestFest - August 12-14 Location: Multiple Downtown areas Variance Specifics: Variance granted for amplified sound to be 65 dBA (peak at 70) on the west side of Meldrum Street. In addition, organizer agreed to turn down volume/bass upon request by code compliance if deemed unreasonably loud. Noise Readings and Outcomes: Most readings occurred at Mountain Avenue and Meldrum Street as well as west as far as Mack Street. At Meldrum Street, the readings were 52.4 dBA to 63.3 dBA. At Mack Street, the readings were 48.6 dBA to 60.1. Sound peaked into the mid-60’s later in the evening on the 13 th , and staff requested that the sound be turned down. Event staff cooperated with the request. Additional Information: • The measurements included in this report were taken when music was playing. • Behind the stage at NewWestFest, sound measured 76.1 dBA • Traffic in the neighborhoods near events average 63 dBA to 66 dBA • Noise readings were done randomly for the motorcycles and were found to be over 80 dBA. • The train from a block away is 82-99 dBA Page 1 Noise Ordinances and Environmental Acoustics EXECUTIVE SUMMARY Fundamental Limitations of Noise Ordinances • Annoyance can’t be objectively measured and it is highly individualized. • People’s evaluation of “loudness” only loosely relates to what a microphone can measure; it also depends the nature of the sound being heard, and on the age and health of the person listening. • The variation in hearing abilities among the general population is vast. • The only objective measure that even loosely relates to perceived loudness is Sound Pressure Level (SPL). Microphones can easily measure pressure so SPL’s are the basis for noise ordinances. • The small details of the noise metrics used (duration, averaging and statistical parameters) have an enormous effect on the results obtained. For these reasons it simply isn’t possible to create a noise ordinance based on objective measures that will ensure that a large percentage of any population will be free from annoying sounds. Outdoor sound behaves in an unpredictable fashion due to the manner in which the atmosphere can redirect and focus sounds at large distances from the sound source. Objective Measurements Commonly Used in Noise Ordinances Sounds are measured in decibels (dB). The nearest objective approximation to perceived loudness that can readily be measured are so called A-weighted decibels (db(A)). Because sound measurements vary greatly in time it is necessary to use some sort of statistical means to get useful information. Most commonly used measurements are: Equivalent Sound Pressure Level (Leq), which is averaged over some time interval; Maximum or Peak Level (Lpeak) Levels that are exceeded by some specified percentage over a particular time interval. (Ln) The choice of time interval has profound consequences on the measurements that result and so is central to any discussion of reasonable standards. Significant factors in noise measurement: • Location of the microphone • Nature of the sound being recorded • Ability to clearly and unambiguously identify the noise sources • Use of appropriate metrics. ATTACHMENT 3 Page 2 What Constitutes “Annoyance”? In very general terms, we know sounds that are intermittent, that are “grating,” that have unpleasant associations or contain “information” (like music or speech) are more likely to be considered annoying. But we can’t quantify those characteristics with any precision. By default, noise ordinances have tried to equate annoyance with loudness, and loudness with what can be measured by a microphone. We might be lulled to sleep by a waterfall or breaking surf which is objectively much louder than a siren, a baby’s crying or a block party – things people generally find much more annoying. Outdoor vs Indoor Sound Indoor sound is usually fully contained. It is reflected again and again by room boundaries and objects within a room. In contrast, outdoor sound usually experiences relatively few reflections and so can travel long distances if it is sufficiently strong. At large distances from the source of sound, there may be rapid changes in loudness and clarity. This is due to gradients of temperature, humidity and winds in the atmosphere. These gradients can act as acoustic “lenses,” focusing sound now in one place then another in no predictable fashion. This makes any systematic measurement of noise far from a noise source extremely difficult and often impractical. The intermittent nature of sound at large distances may make the noise more intrusive and more annoying, but it is not likely to make it any louder than at locations closer to the venue that are less affected by atmospheric focusing. Some Vocabulary Noise Ordinances and concert venue agreements are couched in terms of “Levels” derived from the term “Sound Pressure Levels” (SPL) that are what the ear drum and microphones respond to. SPL’s are measured in decibels, written dB. The ear is not equally sensitive to all frequencies – dog whistles are inaudible to humans but do register on measuring microphones. Moreover, how the brain processes the information the ear “hears” to create the perception of sound is quite complex and unique to each individual. When microphone measurements are adjusted to reflect (approximately) the sensitivity of the human ear, the results are given in “A-weighted decibels” written dB(A). Loudness For practical purposes, the “A-weighted levels” measured by microphones are considered analogous to human perceptions of loudness – higher “levels” are assumed to correspond with louder sounds. This relationship is tenuous at best; the A-weighting was based on the responses of young, healthy individuals listening to low levels of pure tones. And that was in the 1930’s – long before the era of rock concerts and ear buds. Furthermore because some sounds “mask” others, Page 3 depending upon their relative strengths and frequency content, sounds that have identical dB(A) values can be perceived to be very different in terms of loudness. Sound Pressure Levels vary rapidly over time. Rather than measure instantaneous Sound Pressure Levels, it is more practical to measure an “Equivalent Noise Level” written Leq and pronounced “L-E-Q”. This can be thought of as the average SPL over a specific time interval. Leq is a means of making a rapidly varying noise source amenable to meaningful measurement The chart below shows how important it is to select an appropriate time interval because it has a significant effect on the resulting Leq. Leq values are very sensitive to the measurement interval. Commonly Used Noise Standards Based on Leq Because concert sound is a rather unique noise source, many of the commonly used standards for community noise that are based on Leq are not useful metrics, especially if the goal is to promote musical activities downtown. Here are some examples of such metrics: Page 4 Ldn (pronounced L –d-n or L day-night) Leq calculated over a 24-hour period, (with noises occurring during the evening hours being specially penalized) gives the value for Ldn. Because it is calculated over an entire day, short-term events like extremely noisy concerts have only a modest effect on the Ldn value. Ldn is useful as a metric for transportation noise that is spread throughout the day. Lpeak (pronounced L peak) In practice, Leq’s are calculated over very short time intervals (on the order of a few seconds) and individually recorded over the entire measurement period to serve as the basis for calculating the overall Leq. The greatest short-term Leq recorded is Lpeak. Noise Ordinances are usually based on Lpeak measurements. It is not a good measure for our purposes because from an artistic viewpoint, concerts should have a considerable dynamic range from soft to loud, with the loudest sounds occurring for a very brief period at the end of each set. If Lpeak is used as the governing metric, then the audio engineers have little latitude in the dynamic range and no tools to proactively avoid an infraction. Usually concerts operating under Lpeak restrictions are monotonous and consistently just below the peak value. Such operation is more annoying to neighbors as well. More sophisticated Noise Metrics Appropriate to Concert Venues Concert venues like the Hollywood Bowl operate under statistical limits that provide both reasonable protection for neighborhoods and the artistic latitude demanded by sophisticated performing artists. Noise limits at the Bowl are defined according to the percentage of time they occur over an agreed upon interval (such as two hours, corresponding to the duration of the concert). These statistical values are called Ln (pronounced “L sub n”) where n is the percentage of time during which a sound of level, L, is exceeded. For example, if the measurement interval were two hours long and 50% of that time the levels exceed 65 dB(A), the L(50) would equal 65 dB(A). If the climax of the concert lasted 1.2 minutes and exceeded 85 dB(A), the L(1) would be 85 dB(A) since 1.2 minutes is 1% of 120 minutes. Any percentage “n” can be specified and often two or three Ln’s are be used. In order to provide a satisfactory concert experience, there should be some spread between the various Ln’s. The graph below shows how a good spread in these values can provide an engaging dynamic range for the performers. Page 5 A modest spread in Ln makes for a better experience than reliance on Lpeak alone The greatest advantage in using Ln is that sound engineers can be proactive and still be creative. They have, in essence, a “budget” of time that can be used to create the greatest effects. In our example monitoring software could give the sound engineer a running tally of how much of the allotted period of 1.2 minutes that can be 85 dB(A) or louder has been used. Noise protocols structured around Ln still have peak limits, but these are not-to-exceed limits that are approached only for very short periods. Consequently, these peak limits are usually higher than Noise Ordinances that do not encompass arts districts would allow. Where Should Noise Measurements Be Made? The Fort Collins Noise Ordinance allows the measurement of levels anywhere within the city limits. This makes it impossible for a concert presenter to respond proactively to situations that are potentially in violation of the ordinance. Accurate noise measurements require special properly calibrated microphones that are quite expensive, must be safe from theft and tampering, and must be linked to the sound operator’s monitoring system. Moreover, the concert presenter must have access to the microphones – something that cannot be guaranteed if microphones are located off-site. Measurement systems cannot distinguish loud music from other loud sounds like barking dogs, thunderclaps, train whistles, etc. There must be some recording system that enables such extraneous noises to be identified and excluded from the noise generated by the music venues. If a system of fines is part of the enforcement agreements, then there must be a record that can be independently evaluated after the fact to determine if a violation occurred. Non-laboratory grade recording systems frequently change the dynamic level of recorded sound automatically and so are not suitable for enforcement purposes. The most useful measuring locations that meet the requirements of an enforceable and proactive noise agreement are those on the perimeter of the concert venue. Microphones around the venue can be secured, calibrated easily before and after each performance and tied via data lines to a monitoring system whose output is useful to the sound system operators. Page 6 There are limitations to this approach: due to atmospheric effects it is possible (but not likely) that noise measured at locations close to the venue would not be as loud as noise measured farther away. However such atmospheric conditions are usually short-lived and impossible to predict. Nor are they present to a significant degree very often. A Framework For Noise Control in the Arts District A useful noise control approach is to define the allowable limits for Lpeak and various Ln’s as measured on the venue property line. The allowable values for each of the noise metrics at specific measuring sites would be based upon the zoning of adjacent properties. The zoning “context” would establish noise limits. Specific microphone location at each adjacency condition would be negotiated with City Staff. Adjusting Permitted Noise Levels in Response to Complicating or Mitigating Factors There might be special conditions where a particularly sensitive area would be close to a concert site but not directly abutting it. Such a condition is illustrated below. Page 7 Permissible noise levels would be reduced if noise-sensitive areas fall within an extended site footprint. In this example, the permitted noise levels monitored on the right hand side monitoring station would be less than those on the left hand station because of the adjacency of the residential area even though both property lines abut industrial land. These reductions would be determined by a system of “debits” to the allowable limits. On the other hand, careful site development may (and should) incorporate mitigating design elements whose benefits may not be reflected in the noise levels measured at the property boundary of the venue. For example, a large earthen berm creates a significant acoustical shadow that reduces noise levels in adjacent properties. However if the property line runs along the top of the berm, such benefits would not be reflected in the measurements made by a monitoring microphone stationed on the property line. Similarly, if audience members seated fairly close to a property boundary are served by a system of “distributed” loudspeakers that are very close to the listeners, the noise measured by the monitoring stations would be fairly high, even though the strength of the amplified sound would fall off very rapidly once it leaves the venue site. An additional mitigating condition occurs when property lines and zoning boundaries do not align. Consider an example: a venue may be in a River Downtown Redevelopment District (R-D- Page 8 R) Zoning that abuts a Residential (R District however a wide public right-of-way separates the venue from the nearest privately held parcel. In this case, the rapidly decaying sound would be further weakened before it entered the nearest neighbor’s property. To account for these mitigating circumstances the allowable noise levels measured at the venue property line would be adjusted by “credits” depending upon the effectiveness of the design elements. Sample Noise Agreement Limits (The actual percentiles for Ln and the dB(A) limits in these examples are for illustration purposes only and so they are shown in red.) Example 1 Take the right hand noise monitoring point in the previous illustration as an example. The adjacent property is zoned Industrial. Residential property is within extended property footprint. Basic Noise Levels Measured at the Venue’s Property Line Basic value for L50 is 75. Adjustments Debits: Residentially zoned property within 250’ of site boundary -5 (Per Table) Credits: Berm (Per Table) +8 Close-in, distributed sound system (Per Table) +3 +6 (The tables referenced have not been developed and so are not included in this example) Adjusted L50 in this example is 75 + 6 = 81 Adjacent Zoning L50 L20 L10 Lpeak Industrial 75 80 83 85 Parkland 70 75 78 80 Residential 60 65 68 70 1 Noise Ordinance Regarding Amplified Sound Delynn Coldiron, Neighborhood Services Manager February 14, 2017 ATTACHMENT 4 Purpose 2 To consider updating the noise ordinance to address amplified sound Direction Sought From Council • Does Council want staff to continue doing additional research or work on this item? • Should staff bring forward a formal amendment to City Code to add language to the existing noise ordinance specifically related to amplified sound for Council consideration? • Does Council want staff to continue doing additional research or work on this item? • Should staff bring forward a formal amendment to City Code to add language to the existing noise ordinance specifically related to amplified sound for Council consideration? 3 Amplified Sound Amplified Sound can be described as a sound that is broadcast by any equipment, machine or device used for the amplification of the human voice, musical instruments, broadcast signals or any other sound. Fort Collins Municipal Code, Article II, does not currently contain any language specific to amplified sound. 4 dB(A) Levels 5 A-weighted decibels, abbreviated dB(A), are an expression of the relative loudness of sounds in the air as perceived by the human ear. Research – Peer & Best Practices Cities 6 Staff Research on Noise Ordinances Peer Cities: Boise, Boulder, Lincoln, Longmont, Palo Alto, Santa Barbara Best Practices Cities: Austin, Denver, Monroe LA, Portland, San Diego, Seattle • All have amplified sound language in their municipal code • All specify allowable dB(A) levels for night time hours vs. day time hours • Where sound level limits are outlined, all identify limits based on the zone in which the sound is being produced and some identify the zone in which the sound is being received • All identify where the sound is to be measured from (i.e. property line) • Majority use hand-held meters to monitor sound levels • Most best practices cities allow between 80-85 dB(A) for amplified sound at special events Noise Variance Requests 7 • Events or outdoor concerts that include amplified sound apply for a Noise Variance from the City • Variance allows the event/concert to exceed prescribed decibel levels for a designated period of time • Code Compliance officers monitor these events 2016 Event Noise Monitoring 8 2016 Monitored Events: • Realities Ride and Rally • Ride the Rockies Finish Festival • Rio Grande’s 30th Anniversary • Taste of Fort Collins • Colorado Brewer’s Festival • Tour de Fat • Bohemian Nights at NewWestFest Minimal enforcement action was necessary No noise complaints were received by Fort Collins Police Department for any event Sound Monitoring 9 Stationary sound reading equipment is available • Large event venues • Round-the-clock monitoring • Remote administration/adjustment of system • Cell phone notifications if sound levels exceed limits • Data accessible on-line • $12,000-$13,000 per station Sound Mitigation 10 Possible strategies to minimize sound levels • Venue specific guidelines • Stage location and orientation • Speaker type and placement • Physical barriers (berms, plantings, sound wall) • Innovative mitigation strategies Summary 11 • Fort Collins’ noise ordinance is similar to other communities, except for no language specific to amplified sound • Variance request process is working for events required to go through the process • Few instances where events exceeded code requirements; event organizers were quick to respond • No noise complaints were filed for any of the 2016 major concert events • Additional noise monitoring and sound mitigation options are available Adding amplified sound language and related processes to the noise ordinance is recommended Recommendations 12 Staff recommends moving forward with amendments to the noise ordinance, specific to amplified sound. These amendments will: • Give clear parameters for concerts and events that include amplified sound • Allowable decibel levels • Permissible hours for amplified sound • Levels and hours may differ by specified zones • Help insure a consistent process specific to amplified sound • Possible permit process • Process for notification to surrounding neighborhoods • Apply to all events with amplified sound within the City Potential Next Steps 13 1. Develop Ordinance language specific to amplified sound 2. Develop a community engagement plan and move forward with public outreach 3. Finalize amendments to the Noise Ordinance and bring back for Council consideration Direction Sought From Council • Does Council want staff to continue doing additional research or work on this item? • Should staff bring forward a formal amendment to City Code to add language to the existing noise ordinance specifically related to amplified sound for Council consideration? • Does Council want staff to continue doing additional research or work on this item? • Should staff bring forward a formal amendment to City Code to add language to the existing noise ordinance specifically related to amplified sound for Council consideration? 14 • 8am-10pm: 80 dB(A) • 10pm-7am: 50 dB(A) • 7am-8am: 55dB(A) • Quest 2900 Type II sound level meters and Quest QC 10 calibrators. • Public Health Investigators trained in environmental and community noise enforcement monitor noise levels Have the ability to issue either criminal violations or administrative citations. Fines go up to $999 or 1 year in jail. 37 noise complaints in 2016, 31 of those during peak event season (may- sept) Seattle Yes (in Noise Ordinance) • Residential sound source: o District of receiving property: residential – 55 dB(A) o District of receiving property: commercial – 57 dB(A) o District of receiving property: industrial – 60 dB(A) • Commercial sound source: o District of receiving property: residential – 57 dB(A) o District of receiving property: commercial – 60 dB(A) o District of receiving property: industrial – 65 dB(A) • Industrial sound source: o District of receiving property: residential – 60 dB(A) o District of receiving property: commercial – 65 dB(A) o District of receiving property: industrial – 70 dB(A) Same as general sound limits • A software program called Smaart Live is required. Programs “substantially similar” to this software can be used with approval. • Smaart Live is accessed on a laptop by a sound monitor. The software tracks dB levels and logs the event and timing of sound levels. Unknown The Special Events Office receives around a dozen general complaints per year. Mayors Office and Noise Abatement receive complaints separately. • A copy of the noise ordinance is always given to the permit applicant • Any event with outdoor amplified sound is required to notify the immediately surrounding neighbors in-person and in writing in advance. • If the outdoor amplified sound is requested to extend past normal hours, neighbor sign-offs are required for a Noise Variance Permit to be considered. Austin Yes (in Noise and Parks Ordinance) • At a business: 85 dB(A) from 10am-2am and cannot be audible at the property line from 2am-10am • Residential area: 75 dB(A) from 10am-10pm and cannot be audible beyond the property line from 10pm- 10 am • Warehouse & Sixth Street District: 85 dB(A) 10-2am • Outside either district: 85 dB(A) 10am-1030pm Sun-Wed, 10am-11pm Thurs, 10-12am Fri and Sat • Within 600 ft. of a property with residential zoning: 85 dB(A), 10am-8pm Sun-Thurs (extension to 10pm possible w/ approval), 10am-10pm Fri and Sat. • Residential area: 75 dB(A) 10am-10pm Stationary units from Bruel & Kjaer which are set up by a sound engineer • Punishable by a fine up to $500. • Paid by applicant who signs off on the Sound Impact Plan or amplified sound permit. Unknown • 3 types of amp sound permits: 1- day, 4-day, and 1-year • Sound permit not available for property zoned residential of prop w/in 100 ft of residential zoning San Diego Yes (in Noise O• 45-75 db(A) depending on zone and time of day • Measured at: o Boundary of the property on which the noise is produced • Cannot disturb the peace, quiet, or comfort of any reasonable person of normal sensitivity • Cannot be operated from 10pm-8am as to be plainly audible at a distance of 50ft from the source • In public parks and beach areas, measured at any point 10ft. or more from the noise source: o 7am-7pm: 65 dB(A) o 7:01pm-6:59am: 55 dB(A) Unknown Unknown Unknown Monroe (Louisiana) Yes (in Noise Ordinance) • Residential: 7am-10pm: 65 dB(A), 10pm-7am: 60 dB(A) • Commercial: 7am-10pm: 70 dB(A), 10pm-7am: 65 dB(A) • Industrial: 7am-10pm: 85 dB(A), 10pm-7am: 80 dB(A) • Measured at: o Approximate location of the property line or the boundary of the public way, at a height of at least four 4ft. above the immediate surrounding surface • Cannot be made heard over any public street or place without permit • With permit, can exceed the general noise limits Unknown Unknown Unknown The City of Austin is updating their Noise Ordinance based off of the City of Monroe's Noise Ordinance BEST PRACTICES CITIES o Measured at: any outside boundary of the park • Other sites requested for amplified sound reviewed on a case by case basis o In general, amplified cannot exceed 75 dB(A) or take place outside the hours of 9am to sunset. • Hand-held meters • Used by park staff and police officers if there is a specific complaint If there is a non- compliant coordinator, they're not allowed to use the city again for their event 2-3, but 1-2 of those are for noise from a private party • There are different sound limits for each park, as well as different allowable hours and durations for operating amplifying equipment. • They distinguish their parks by community parks (where special events can happen) and neighborhood parks (where special events cannot happen because of their proximity to residential areas) Lincoln Yes (in Noise Ordinance) • Receiving land-use category: o Residential: 65 dB(A) 7am-10pm, 55 dB(A) 10pm-7am o Noise sensitive zone or agricultural residential: 60 dB(A) 7am-10pm, 50 dB(A) 10pm-7am o Commercial or business: 70 dB(A) at all times o Industrial: 75 dB(A) at all times o Agricultural: 75 dB(A) 6am-10pm, 50 dB(A) 10pm-6am • Noise sensitive zones: churches, synagogues, mosques; libraries; public and private schools, day care centers, preschools; health care facilities; housing for the elderly; mobile home courts; auditoriums, concert halls, and music shells. • Amplifiers and loud speakers: cannot create a noise disturbance across a residential real property boundary or within a noise sensitive zone, unless permit has been issued o To determine noise disturbance for the residential receiving land use or noise sensitive zone, the following standards are applied: o For amplifiers: 7am-10pm: 60 dB(A), maximum 3 minute Leq, and 10pm-7am: 50 dB(A), maximum three minute Leq o Loud speakers: 7am-10pm: 60 dB(A), maximum 1 minute Leq, and 10pm-7am: 50 dBA, maximum 1 minute Leq • Hand-held meters • Bruel and Kjaer model 2250 • Used by Air Quality Program staff Fine of up to $500 About 3 Boulder Yes (in Noise Ordinance) • 55-80 dB(A) (depending on the receiving zones) from 7am-11pm and 50-75 dBA (depending on receiving zone) from 11pm-7am • Measured at: o Sound from a source on private property measured at or inside the property line of property other than that on which the sound source is located o Sound from a source on public property measured on that property so long as the measurement is taken at least 25ft. from the source, or it may be measured at or inside the property line of property other than the public property on which the sound source is located • 65 dB(A) from the property line during an event o Amplified sound associated with outdoor activities is allowed from 7am-11pm • Cannot amplify any sound which is loud enough to be audible to a person of normal hearing 100 or more feet beyond the line of the property upon which the loudspeakers are located between 11pm-7am Boulder does not currently provide or use monitoring equipment for events with amplified sound. Fine of $30 for each separate violation. $30 increase for each recurring offense, beginning at $30 and up to a maximum of $300. 1-2 complaints received by the Special Events Department, more received by the Police Department • There are specific hours for amplified sound at Pearl Street Mall: o Mon-Fri: 5pm-10pm o Saturday/Sunday: 10am-10pm Santa Barbara Yes (in Noise Ordinance) No person can make any noise disturbance in such a manner as to be plainly audible by a person of ordinary sensitivity at a distance of 50ft. from the noise source • 60 dB(A) when measured outdoors at or beyond the property line of the property from which the sound emanates. • Unlawful to operate loudspeaker or similar device from 10pm-7am if it creates a noise disturbance audible by a person of ordinary sensitivity across a residential real property line • Sound in a public park or place cannot be amplified above the ambient noise level so as to be audible within any hospital, rest home, convalescent hospital, or church while services are being conducted • These limitations do not apply to events with permits o With a permit, allowable level ranges from 60-85 dB(A) • Nagy DSM-1 Digital SPL Meter • Used by a Park Monitor • Withholding the security deposit is the main penalty used. • If it repeatedly happens, might not allow the event to return. Under 5 Santa Barbara City Parks are exempt from the City’s Noise Ordinance because the City wanted the Parks & Recreation Department to deal with that aspect separately when they update their "Parks & Facilities General Use Policy and Special Events Policy." PEER CITIES ATTACHMENT 1