City Commission Update June 19, 2013 PROPOSED CITY NOISE ORDINANCE

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1 City Commission Update June 19, 2013 PROPOSED CITY NOISE ORDINANCE

2 WHAT IS NOISE? SOUND; especially: one that lacks agreeable musical quality or is noticeably unpleasant Any sound that is undesired or interferes with one s hearing of something An unwanted signal or disturbance electromagnetic radiation that is composed of several frequencies and that involves random changes in frequency or amplitude Proposed City Noise Ordinance

3 HISTORY Traditionally TPD used state statutes to enforce excessive noise complaints. In the past City has used Public Nuisance Ordinance On December 13, 2012, the Florida Supreme Court struck down , Operation of radios or other mechanical sound making devices or instruments in vehicles (Traffic Violation) Local Judge has ruled that the City could no longer use , Florida Statutes, often referred to as the breach of the peace or disorderly conduct statute to arrest persons based on loud music alone. (Criminal Violation) Proposed City Noise Ordinance

4 PROCESS OF NOISE ORDINANCE In , a citizen committee was formed to come up with a solution for noise complaints by residents next to commercial establishments. August As a result an ordinance was proposed that set the maximum noise level for residential and commercial. It was rejected by LRPTI. March 2012 Tallahassee Police Department bought 2 decibel meters and began compiling data. August 2012 TPD presented data and initial language; staff began drafting proposed ordinance. March/ April 2013 presented to LRPTI; staff made revisions Proposed City Noise Ordinance

5 GOALS OF PROPOSED ORDINANCE Creating an objective standard for determining what is excessive noise that will withstand constitutional scrutiny. Regulate commercial venues that have outdoor amplification, especially near residential neighborhoods. Regulate Extension of Use and Special Events Parking Lot Parties and Pool Parties Address House Parties - Residential and Apartment Parties Encourage commercial/entertainment related businesses in special areas. Proposed City Noise Ordinance

6 CURRENT PROPOSAL MAIN ELEMENTS General - definitions, exceptions, how to measure, tables of decibel levels in different zones. Setting Decibel Level Tables Defining Daytime and Nighttime Defining 3 types of noise areas: o residential o non-residential o special entertainment areas (SEA) Proposed City Noise Ordinance

7 CURRENT PROPOSAL - MAIN ELEMENTS Special Areas Multiple Housing, Mixed- Use Properties, Entertainment Districts Different ways to measure Process for designating the SEAs Later Hours and Higher dbas for SEAs Special Events parades, block parties, community events Special Event Permitting City-wide input on exception and terms for special events Consideration of surrounding areas Prohibiting permits for noise offenders Proposed City Noise Ordinance

8 CURRENT PROPOSAL - MAIN ELEMENTS Enforcement and Penalties Decriminalize Warnings for 1 st Time Offenders Citation Process with Fines Progressive Fines for Repeat Offenders Prohibit Permits for Repeat Offenders Proposed City Noise Ordinance

9 RESIDENTIAL Daytime 8:00 a.m.-10:00 p.m. Nighttime 10:00 p.m. -8:00a.m. 70 dba 65 dba

10 NON-RESIDENTIAL Daytime 8:00 a.m.-10:00 p.m. Nighttime 10:00 p.m. -8:00a.m. 80 dba 70dBA

11 SPECIAL ENTERTAINMENT DISTRICT Weekend Daytime 8:00 a.m.-12:00 a.m. Weekday 8:00a.m -10:00 p.m. Weekend Nighttime 12:00 a.m. -8:00 a.m. Weekday 10:00 p.m. 8:00 a.m. 85 dba 70 dba

12 HIGHEST COMPARABLE JURISDICTIONS TAMPA 85 dba special areas (Ybor City, Historic District, Channel District) ORLANDO 85 dba/90 dbc CLASS B (Entertainment/Industrial) AUSTIN 85 dba permanent business location SAN ANTONIO 85 dba entertainment zone LOS ANGELES Inside bars/clubs to 95 dba

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14 ADVANTAGES 1. The complainant does not have to be identified. 2. Law enforcement personnel do not have to enter a private property or residence to enforce the ordinance. 3. Club owners and others can self-regulate sounds made at their establishments by measuring sound levels immediately outside their place of business. DISADVANTAGES 1. Clubs can reduce the sound levels of amplified music systems as they see enforcement officials approaching. 2. Unusual sound propagation paths such as lakes, mountains or large building are not taken into account noise level between the source and complaining source. 3. The complainant does not have to be identified. MEASURING AT SOURCE

15 ENFORCEMENT ISSUES SOUND PATROL 2200 SOUND LEVEL METER AND THERMAL PRINTER Field testing of noise levels and documentation of measurement results. A simple system that requires minimal training to be easily deployed in the field by enforcement officers. Credible data and convenient methods for field calibration and printing of test results in the field. Officers must first be trained and certified. Plans are to purchase an additional 8 devices at a cost of $2, per unit ($20,000.00) for a total of 10 units. Noise disturbances remain a lower priority call for service and will be responded to based on available police staffing and higher priority, in-progress criminal activity.

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17 PROPOSED SPECIAL ENTERTAINMENT AREAS Midtown/Midtown Northeast West Tennessee Street Corridor (part) Cascades Park/Downtown Overlay (part) Florida State Florida A&M Market Square Goodwood Museum & Gardens Parkway Commercial Corridor

18 TIMELINE OF PROPOSED ORDINANCE June 19, 2013 Release Proposed Ordinance Start Public Meetings Summer (June August 2013) Public Meetings and Input and Revisions Chamber of Commerce, Builders/ Realtors Groups, Music Venues CONA, Public at Large Prepare Citation Forms September 2013 Present final noise ordinance to City Commission October 2014 Soft Effective Date and Awareness Campaign January 2016 Review and Revise if Necessary

19 MORE INFORMATION / PUBLIC COMMENT