Saturday, March 15, 2014

Review of first term - Allowable Noise Levels


This was an interesting process...the short version - a resident indicated a business was violating the current noise ordinance.  When looking into the issue it was noted that the ambient noise level of the traffic exceeded the current ordinance.  We needed to look at modifying the ordinance and look at the impact on both residents and the business community.  In the end I think we made a good decision, but it was very important to take the time to understand the issue beyond looking to other communities and picking numbers to match.  This took some extra time from me, but that is how "good" decisions are made -taking the time to understand the issues before making judgement-

February 4, 2013
Alder Thomas reported Ordinance 1-13-641 Amending Section 13-1-42 of the Code of Ordinances Regarding Allowable Noise Levels is in response to a noise complaint regarding a local business which has a decibel level of 55. The current Ordinance limit of 40 decibels is about the level of Monona Drive traffic, is far under that of area municipalities, and is nearly impossible to achieve. Alder Busse reported 55 decibels is normal conversation and most community’s limit is 70 to 75, some with different rates for daytime and nighttime. City Administrator Marsh reported the Public Safety Commission’s recommended 24-hour level of 70 would be exceeded on special occasions like football games, Memorial Day Parade, Community Festival, as well as individual Amplified Device Permits, which also carry a time limit. Alder Thomas reported all parties were satisfied with this change. 

February 18th, 2013

A motion by Alder Thomas, seconded by Alder O’Connor to approve Ordinance 1-13-641 Amending Section 13-1-42 of the Code of Ordinances Regarding Allowable Noise Levels for discussion purposes, was carried.
Alder Thomas is willing to take this Ordinance back to the Public Safety Commission, whose next meeting is in March, if the Council wills it. A separation of commercial and residential limits may be considered, but it’s unsure how to regulate commercial noise that enters a residential area. Alder Wood stated excellent points were made by the resident who appeared. In checking the Internet, it is clear that a decibel level of 40 is too low and 70 is too high and a variation between daytime and nighttime levels is a good option.
A motion by Alder Thomas, seconded by Alder Busse to table Ordinance 1-13-641 Amending Section 13- 1-42 of the Code of Ordinances Regarding Allowable Noise Levels to refer it back to the Public Safety Commission, was carried. 

April 1, 1013

A motion by Alder Thomas, seconded by Alder Wood to remove from the table Ordinance 1-13- 641 Amending Section 13-1-42 of the Code of Ordinances Regarding Allowable Noise Levels, was carried.
Alder Thomas reported the Public Safety Commission approved decibel levels of 55 and 65 with a time structure. Alder Holmquist was the one dissenting vote. The day and night, residence vs. commercial information was conflicting and not fully provided. He met with the concerned resident and took readings throughout the City to ascertain realistic levels. Low 60’s and 50’s is realistic. The levels approved seem reasonable. Members agree the new levels may affect the outdoor pavilion discussed earlier. Alder Busse reminded members that plan was to stop play at 9:00 p.m. and have patrons leave the area by 10:00 p.m. Mayor Miller thanked all, especially Alder Holmquist, for his work on this issue.
A motion by Alder Thomas, seconded by Alder Wood to approve Ordinance 1-13-641 Amending Section 13-1-42 of the Code of Ordinances Regarding Allowable Noise Levels, was carried. 

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