Noise Ordinance Update. Public Services and Infrastructure Committee 2/22/2018

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1 Noise Ordinance Update Public Services and Infrastructure Committee 2/22/2018 1

2 Why update the Noise Ordinance? Growing mixed use areas Entertainment and culture Noise conflicts in late night/early morning hours Quality of life issues Resident Concerns Developer Concerns Health Concerns Noise Ordinance Update 2

3 Noise Ordinance Update Noise Complaint Data 16,417 noise complaints since : 3, : 3, : 3, : 2, : 2,534 3

4 Noise Ordinance Update Balancing Interests Growing the Entertainment and Cultural Sector Quality of Life Protecting Residents and Hotel Visitors From Excessive Noise 4

5 Noise Ordinance Update Timeline of the update July 28, 2016: PS&I October 26, 2016: Large Stakeholder Meeting May 29, 2017: Second Large Stakeholder Meeting February 22, 2018: PS&I March 6, 2018: Final Large Stakeholder Meeting (16 additional small stakeholder meetings) 5

6 Noise Ordinance Update Current Ordinance Plainly Audible How far the sound can be heard Ranges from Adopted in 2008 Proposed Framework Decibel based Meter readings dba dbc 6

7 Process so far Noise Ordinance Update Research Sound Experts Municipalities Code Enforcement Planning Departments Noise Surveys 1 st Downtown 2 nd Mechanical 3 rd Downtown and Edge District Community Engagement Presentation of proposals Feedback of support or concerns 7

8 Noise Ordinance Update Main elements of the framework Decibel based with dba and dbc Residential limits DC-Core limits Mixed-Use limits Parks and Street Closure limits Street Performer limits Mechanical Equipment Limits Penalties Progressive Administration Noise Enforcement Officers Noise Board Other Considerations Special Noise Site Permit Temporary Use Permit Sidewalk Speaker cut-off times Discernable Vibrations Performance Arts Venue Outdoor 8

9 Decibel Levels Decibel Levels: dba used for measure higher end frequencies, such as the treble. dbc used to measure low frequencies, commonly associated with bass. Ambient noise- the baseline of noise in a neighborhood. Loudness- Most of us perceive one sound to be twice as loud as another one when they are about 10 db apart; for instance, a 60-dB air conditioner will sound twice as loud as a 50-dB refrigerator, or 70-dB dishwasher will sound about four times as loud as the 50-dB refrigerator. 9

10 Decibel Levels Explanation of Decibels Logarithmic scale: Every 10 db's are approximately twice as loud. * 90dBA- OHSA s permissible exposure limit for noise exposure is 90dBA for an 8 hour time weighted average. When noise levels are increased by 5dBA above 90dBA the time is cut in half. 140dB-Instant hearing damage occurs * 10

11 Decibel Levels 85 Non-Residential dba Readings 80 Daytime 70dBA 8am-11pm 12am Fri, Sat, Holiday Nighttime 65dBA 11pm-8am Recorded Levels Ambient Night Level Proposed Day 11

12 Decibel Levels 95 Non-Residential dbc Readings Daytime 75dBC 8am-11pm 12am Fri,Sat,Holiday Nighttime 70dBC 11pm-8am Recorded Levels Ambient Night 12

13 Decibel Levels 95 Jannus Block/DC-Core dba Readings Daytime 85dBA 8am-11pm (1am Fri, Sat, Holiday) Nighttime 65dBA 65 11pm-8am 60 Recorded Levels Ambient Proposed Day Proposed Night 13

14 Decibel Levels 110 Jannus Block/DC-Core dbc Readings Daytime 87dBC 8am-11pm (1am Fri, Sat, Holiday) Nighttime 75dBC 11pm-8am Recorded Levels Ambient Proposed Day Proposed Night 14

15 Decibel Levels Type equation here. 15

16 Decibel Levels Downtown Center-Core (DC-C). The Downtown Center-Core District is the most intensive district in the City's schedule of regulations. The purpose of this district is to create a diverse and vibrant downtown which serves as a center for employment, entertainment and retail activity. This district, hugging Central Avenue, allows the highest densities, intensities and building height. Development in this district provides appropriate pedestrian amenities, pedestrian linkages, ground level retail, and cultural activities. The design of buildings and streetscaping (both hardscape and landscape improvements) promotes a successful people-oriented downtown area as defined in the intown redevelopment plan. Residential uses are allowed as a secondary use within the district. Uses that do not require a central location or those requiring a vehicular emphasis are less appropriate in this location and are discouraged Downtown Center-1 (DC-1). This district provides for intense mixed-use development which creates a strong mixture of uses that enhance and support the core. Office and other employment uses are highly encouraged. Development in this district provides appropriate pedestrian amenities, pedestrian linkages, ground level retail, and cultural activities. Buildings and streetscaping (both hardscape and landscape improvements) are designed in a manner that promotes a successful people-oriented downtown area as exemplified and defined in the intown and intown west redevelopment plans. 16

17 Decibel Levels Proposed Decibel limits: Non-residential db s measured at the property line, 30 second reading 70dBA/75dBC 8 a.m.-*11p.m (12 a.m. Friday, Saturday, before Holiday) 65dBA/70dBC *11p.m.-8 a.m. (12 a.m. Friday, Saturday, before Holiday) Residential - db s measured at the property line, 30 second reading 60dBA/65dBC 11a.m.-11p.m. 55dBA/60dBC 11p.m.-11a.m. DC Core db s measured at prop. line, 30 sec. reading Jannus Block 85dBA/87dBC 8a.m.-*11 p.m.(1a.m. Friday, Saturday, before holiday) Jannus Block 65dBA/75dBC *11p.m.-8a.m.(1a.m. Friday, Saturday, before holiday) 17

18 Decibel Levels Other Considerations: When a property in a mixed-use zoning district abuts a property in a residential zoning district Mixed Use 18

19 Decibel Levels Other Considerations: Mechanical Equipment: 60 dba/60 dbc Future equipment must comply with decibels levels at installation Decibel limits will be provided at time of permitting Concerning situations will be flagged for an acoustical consultant review. Existing equipment that is exceeding decibels and operating outside of manufacturers specifications can lead to an inspection and fine. 19

20 Decibel Levels Other Considerations: Parks and Street Closure Without Permit : Park: 70dBA/75dBC 15 from sound source 11a.m.-11p.m. Park: 55dBA/60dBC 15 from sound source 11p.m.-11a.m. Special Noise Site Permits - determine hours, decibels, and other restrictions Vinoy and City Parks Temporary Use Permits will determine hours, decibels, and other restrictions Performance Arts Venue Outdoor Jannus Live Special Exception 20

21 Other Considerations: Street Performers Subject to db standards measured at 15 feet from performer Sidewalk café speakers Cut off time at noise curfew Discernable Vibrations None after noise curfew Noise Ordinance Update 21

22 Noise Ordinance Update Penalties 1. Residential (MOV process) Warning Class 1 fine ($218.00) Double Class 1 fine ($436.00) Maximum Class 1 fine (in same one year period) 2. Non-Residential/DC Core- Fines written to owner Warning Class 1 fine ($218.00) Double Class 1 fine ($436.00) 30 day suspension of late night permit/sidewalk café permit, or all outdoor music in instances when the previous two do not apply. 6 month suspension of late night permit/sidewalk café permit, or all outdoor music in instances when the previous two do not apply 1 year suspension of late night permit/sidewalk café permit, or all outdoor music in instances when the previous two do not apply 22

23 Noise Ordinance Update Penalties (continued) 3. Outdoor Venue Principal Use- Fines written to owner Warning Class 1 fine ($218.00) Double Class 1 fine ($436.00) 30 day suspension of noise exception Permit 6 month suspension of noise exception Permit 1 year suspension of noise exception Permit 4. Mechanical Equipment (MOV process) Warning Class 1 fine ($218.00) Double Class 1 fine ($436.00) Maximum Class 1 fine (in same one year period) 23

24 Noise Ordinance Update LDR Text Amendments Performing Arts Venue Use Create a Performing Arts Venue Outdoor use Principal Use Special Exception use with use specific standards Monitoring Plan/Annual Event Plan Require a noise mitigation study Section Restaurants and Bars, Indoor and outdoor Additional language regarding outdoor noise standards Sidewalk café section Additional language regarding outdoor noise standards 24

25 Noise Ordinance Update Implementation 1. Noise Enforcement officers 3-4 full time officers dedicated to noise enforcement One member to provide staff reports, and technical recommendations to the noise board American National Standards Institute certified Review Temporary Use permits 2. Noise Board 5 members all ANSI certified 1 professional in acoustics or an engineer 1 representative of the construction industry 3 Citizens at large Review Special Noise Designations Permits Appeal Process 25

26 Implementation (continued) Noise Ordinance Update 3. Effective date delay to allow PD to staff up and allow businesses to adjust noise level or install mitigation (fake violation notices, handouts, etc ) 4. Review of businesses that may have to adjust, or seek an individual permit, based on noise survey information 5. Estimated Costs: $178, total annual personnel expenses (4 officers) $156, total project start up expense 26

27 Thank you Questions? 27