HomeMy Public PortalAboutORD15033 SUBSTITUTE
BILL NO. 20112-76
SPONSORED BY COUNCILMAN Bray
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 21 AND CHAPTER 35 OF THE CODE OF
THE CITY OF JEFFERSON, MISSOURI, BY CREATING NOISE GENERATION
REGULATIONS.
BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS
FOLLOWS:
Section 1. Chapter 21 (Nuisances) Article VII is hereby deleted and replaced with
a new Article VII in lieu thereof, to read as follows:
ARTICLE V11. NOISE GENERATION REGULATIONS
See.21-110. Nuisance declaration.
It is found and declared that:
A. The making and creation of excessive, unnecessary or unusually loud noises within the limits of the
City of Jefferson is a condition which has existed for some time and the extent and volume of such
noises is increasing.
B. The making,creation, or maintenance of such excessive,unnecessary,or unusually loud noises which
are prolonged, unusual, and unnatural in their time, place, and use affect and are a detriment to
public health, comfort, convenience, safety, welfare, and prosperity and the peace and quiet of the
City of Jefferson and its inhabitants.
C. The necessity in the public interest for the provisions_and prohibitions hereinafter contained and
enacted, is declared as a matter of legislative determination and public poliey, and it is further
declared that the provisions and prohibitions hereinafter contained and enacted are in pursuance of
and for the purpose of securing and promoting the public health, comfort, convenience, safety,
welfare and prosperity and the peace and quiet of the City of Jefferson and its inhabitants.
D. It shall be unlawful for any person to make continue or cause to be made or continued an
excessive, unnecessary, raucous, or unusually loud noise which terms shall mean anv sound which,
because of its volume level, duration and character, annoys, disturbs, injures or endangers the
comfort, health, peace, or safety of reasonable persons of ordinary sensibilities witidn the limits of
the city.
Sec. 21-111. Motor Vehicle maximum levels.
Notwithstanding any other provision of this article,the following noises emanating from motor vehicles shall
be a violation of this article.
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A. Horns,Signaling Devices,etc.-The sounding of any horn or signaling device on any motor vehicle on
any street or public place of the city,except as a danger warning,the creation by means of any such
signaling device for an unnecessary and unreasonable period of time.
B. Exhausts-The discharge into the open air of the exhaust of any stationary internal combustion
engine except through a muffler or other device which will effectively prevent loud or explosive
noises therefrom.
C. Defect in Vehicle or Load-The use of any motor vehicle so out of repair,so loaded or in such
manner as to create loud and unnecessary grating,grinding,rattling or other noise.
D. Automobile audio systems- The using,operating,or permitting to be played of any audio system of
any automobile being operated off private property which is plainly audible at a distance of fifty(50)
feet from the vehicle.
Sec.21-112. Reserved.
Sec.21-113.Specifications.
The City hereby adopts the American National Standard, Specification for Sound Level Meters,
ANSI S1.4-1971 (R 1976), published by the American National Standards Institute, Inc. The provisions of
that standard shall be controlling and shall be the specification for sound level meters within the
jurisdictional area of the City.
Sec.21-114. Calibration
The sound level meter shall be maintained at calibration and good working order. A calibration
check shall be made of the system at the time of any noise measurement.
Sec.21-115. Measurement of noise.
The following provisions regulate noise generation by any use or occupant within a specific zoning district:
A. Scale. All noise measurement shall be measured in units of the frequency-weighted sound level
IdB(A)I, in accordance with the American National Standards Institute specifications for sound level
meters.
B. Point of Measurement. Sound level measurement for all districts shall be taken 50 feet from the
source of the noise and no closer than five feet from any wall. The maximum sound levels shall be
the levels at point of measurement.
C. Instrument of Measurement. Measurements shall be made with a sound level meter maintained at
calibration and good working order.
Sec.21-116. Maximum permitted sound levels
A. Sound levels. Exhibit 21-116.A&B displays the maximum permitted sound levels generated by uses
or occupants in specific zoning districts, taken at the point of measurement set forth in the section
above.
Exhibit 21-116.A
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Hours of Operation Zonin2 District Adiacent to Measured Use
Sundav through Thursday Commercial& Industrial Residential
Da time: 7:00 a.m.to 8:59 p.m. 80dBfA) 64dB(A)
Ni httime: 9:00 p.m.to 6:59 a.m. I 75dB A SSdB A
Exhibit 21-116.B
Hours of Operation Zonine District Adiacent to Measured Use
Friday& Saturday Commercial& Industrial Residential
Da time: 7:00 a.m.to 9:59 .m. 80dB(A) 60dB A
Nighttime: 10:00 mm.to 6:59 a.m.1 75dB(A) I S BA
B. Ambient noise. If the ambient noise level measurement exceeds the maximum permitted sound level,
the maximum permitted sound level shall be increased to equal the ambient noise level.
C. Exemptions. The following uses and activities shall not be considered in determining compliance with
these standards and shall be exempt from these regulations:
1. Noises emanating from construction and maintenance activities between the hours of 7:00
A.M.and 10:00 P.M.
2. Noise of safety signals,warning devices,or emergency pressure relief valves.
3. Transient noises from moving sources, including automobiles, trucks, airplanes, and
railroads.
4. Activities conducted on public parks.
5. Activities conducted by churches,public or private schools upon their property.
6. Outdoor events, provided such events are conducted pursuant to an appropriate license or
permit issued by the proper city department.
7. Noise from any construction or maintenance activity performed between the hours of 10:00
PM and 7:00 AM. when approved by the city administrator,and has a copy of the permit to
provide to any law enforcement officer inquiring of a noise violation.
8. Occasional household maintenance activities utilizing power equipment including but not
limited to lawn mowers,chainsaws,snow blowing,a home generator and power washer.
9. Noises from agricultural activities conducted on property properly utilized for agricultural
activities.
10. Noise from a business who has been granted a variance, and has a copy of the variance to
provide to any law enforcement officer inquiring of a noise violation.
Sec.21-117. Requests for Variance.
A. Variance Procedures. A person may seek a variance to increase the maximum allowable levels from
strict application of Article VII by filing an application for a variance to the Board of Adjustment.
The applicant shall document all actions taken to comply with these performance standards and shall
state the reasons why he/she is unable to come into full compliance.
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B. Criteria for Variances. In acting upon an application for a variance, the Board of Adjustment shall
consider the following criteria:
1. The degree of nuisance caused by the violation.
2. The uses of surrounding properties affected by the violation.
3. The amount of time required to study the violation and increase the level of compliance.
4. Economic considerations, including an analysis of costs and benefits produced by full
compliance.
5. The health,safety,and welfare of the public.
6. Compliance with the levels creates an actual hardship.
Sec.21-118. Penalties.
Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor
and upon conviction thereof shall be fined in any amount not exceeding Five Hundred Dollars ($500.00), or
be imprisoned in the City or County *ail for a period not exceeding six (6) months, or by both such fine and
imprisonment. Each day such violation is committed or permitted to continue shall constitute a separate
offense and shall be punishable as an offense. Violations of this ordinance shall be prosecuted in the same
manner as other violations of the City's code.
Sec.21-121. Severability.
It is the intention of the City Council that each separate provision of this ordinance shall be deemed
independent of all other provisions herein, and it is further the intention of the City Council that if any
provision of this ordinance be declared to be invalid, all other provisions thereof shall remain valid and
enforceable.
(Ord.No. 12573, §l, 1-21-97)
See 21 110 Nu4s nee deel.,,•et..,,,
It:S f,.,..1 Mild derlaFed that'
A. The making and er-eatien of emees F)'OF HHUSHallY leud noises mithin the limits of the Gity 0
jeffeFSOR is a eendition A,hirh has existed feF some time and the extent and volume of suah a
> GFeatien OF maintenanee of sueh e s
> unusual time, plaee and use affeet and are a det:Fiment to public health,
somfeFt,eanvenience,saky,
inhabitants
peaee and quiet of the Gity efieffer-sen and its inhah-it—ants.
it shall be unlawful feF an), peFsen to > 650fltiflUe, >
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sa", of reasonable per-sens ef eFdinmy sensibilities -within the limits of the eity. The tem inelude
kindr, Afnaise generated by the activities enumemted in seutien-1. The Wms shall he limited to noise heafd
m,hile in use, in any ehur-eh OF WSpital of upon the grounds theFeef whiie in use, upen any parking lot open
to fnembeFs of the publie as invitees AM Ike I ec-6upied residential unit A,hish is net the S
of the noise or-upon the gFounds thmof-,and in any eVeRt fr-A-M A- IAWAMiA-A AA-t 16MOS, than fifty(50)feet fr-AFA
SEMFee.
A. Hems,Signaling Deviees,ete. The sounding of any hom eF signaling deviee en any ,
fneter-eyele,stfeet car-or-ethef Yehicle efl W15'StFeet OF publie place efthe city, eKeept as a dangeF M'
The use of any signaling device emeept one epefatOd b5'hand OF eleetFieity;the use ef any hem,whistle er-
Feas a held up.
phonograph,B. Radios,Phenogmphs,ete. The using,opeFating,eF peffAit4ing to be played,used eF epeFated any Fadie
systems for-the producing or-Feffeducing efs-e-und-im Such mamer-ar,tA diskwb the peaee quiet afid-
CvA-M.fA-#efthe fieighbeFifig inhah-itumn-t-1s;Aar.-At any time with leuder-velume than is neeessmy for-oenveni
Aff device, jflOjtjdjHg PAAtAr-A'RhiSIA udie systems in sueh a MaRROF as te be plainly audible at a
dic-4—RAC-pe A-fr4k'(50)feet fFOFfl the bUilding,stfuetur-e OF vehisle in whielk it is le-e-ated-shall be prima
eFt1 is seetion (tl..1 Ne 12911, R 1,A C 99)
G. Leud >Amplifiers feF AdyeFtising The using, played,used,
>musirsal instFument,phenegaph, , ,
D. Veiling,Shouting,ete. Yelling,shouting, hooting, whistfing, er-singing on the public,streets,pmfieulafl
betNveen the heur-s of 11 P.M.and 7 A.M. eF at any time OF plac;e so as to annOy eF diswr-b the quiet,
comfeFt, or-r-epose 4per-SOR&in any office, of in any d-welling,hotel er-ether-type efr-esidenee,E)F Ofaa5'
peFSORS in the vioinity.
F. Stem; Vihistles The blewing efany leeemetiye steam whistle or-steam whistle aaaehed to any staienaFy
beileF emeept to give notice of the time to begiR OF StOp'AWk Aff-as; a vffiarning eff4e or-danger-, er-upen
G. Exhausts The disehaf�ge into the apen aif of the exhaust of any steam engine,stationafy inte
eembustioa engine, fneter-beat, er-meter-vehiele eKeept through a FauffleF of:ether-de-Wee A,hieh A411
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14. Defeet in Vehieie or-Lead The use of any autemobile,metemyele,or-vehiele so out of r-epaiF,SO leaded Of
ish manner-as W Mate laud and unnecessary gating,gfinding,ranling or Ather nni,;@
L Leading,Unloading,Opening Bemes The Gmatien efa laud and e*eessive noise in eenneetien with
leading OF unloading any vehide OF the opening and destfuetien of bales,boxes,in the hespiW,PFOvided cen _e displayed in such iiidicating that the same is a,and eentaine
,
and quiet and of the neighbeFheed.
M. Metal Rails, PillaFs and Columns,TmnspoFtatien Thereof The tffinspei4atien of mils,pillmrs eff relumm;
steel or-other-material, eveF and along streets and ether-pubk plaees upen eaFts,",s,eafs,Wdeks,eF
.
der-,ubli,.places.
0. Pile Dr-Wers,Hammm,ete. The eper-atien between the heuFs often(10)P.M.afid seveft(7)A.M. of any
pile dF;,.,eF,steam shevel,pneulml-atio h-am-m-Aff,der-Fiek,steam or-eleetFies hoist OF OtheF applianee,the us
sueh b!eWeF er-fan is muffled and sueh engine is equipped vAth a muffler
use:
Seems' 112. Penalties.
Any POFSOn vielating any of the PFOViSiORS of this erdinanee shall be deemed guilt), of a misdemeaner.and
upen eenNietion thereof shall fined in any afneunt not exeeeding Five 141-ind-re-d-DA-11-APS, ($500.00), OF be imprisoned
Bede,
See.21 113. injunetion;
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See,2-1-1-1-rc eve::b
E I�ty.
independent of all ether pr-A-viSions her-ein,and it is fuFtheF the intention ef the Git),Geuneil that if any pFevisiefl a
this or-dimance be deelaFed to be invalid,all OtheF PFOViSiGHS theFeef shall remain valid and enfer-eeable;
!ll..d Ne 12573, R 1> 1_2 1_D7\
Section 2. Chapter 35 (Zoning) Section 41 (Specific use standards) Subsection
B-28 is amended as follows:
Sec.35-41. Specific use standards.
B. Specific Use Standards.
28. Performance Standards for Industrial Service, Assembly, Distribution,Manufacturing,
Production,Processing, Printing,and Publishing Uses.
f. reserved.
Noise. Noise shall be fneasur-ed at the property line of the tFaet on which the eper-atien is
beat 4equeney,shrillness or-intensity. At the prepeFt),line,the sound pr-eSSUFe level of
value given in F—A-hib-its,
PvAl shall
be measured with a sound level meteF and an eetave band anal)'ZeF that G0Rffi__FR;to I-ate-st
speeifleatiens published by the USA Standards Inst4ugg-_ Q etave band aflalyzef:s shall be
lib + d in the D f FFed G'..equensien/r SAS S1.6 1967). PFe f f:Fe l FFequeneies and
Band Numbers for Aeoustioal MeaSffeffiffitfs shall be used-, if the neise is net smeeth and
�h*b*r35-41 lr 1 Table 1 of i S A c S1.6 1 967
Center-Fr-equenoy Gyeles Per. Maximum d Sound Level;
Seeen T
�1-5 -79
63 -4
C 74
its b7
—
29 64
Y2-nVbv
n 4-7
4940909 43
n 49
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Exhibit 35 41.11-2:Table 3 of USAS SI A M-7
Type of Operation or QaFaeteF of Noise GeFfeotiens i
Decibels
Noise less thaH 59; 9 PIUs 10%*
° r plus i5,010
Noose of peFiedie character(hurn, sereech, etc.) Minus
*Apply one effliese caffeetiens only.
Section 3. This Ordinance shall be in full force and effect from and after the date
of its passage and approval.
Passed: t Approved.
Presiding Officer Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk City Counselor
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EXCERPT OF UN-APPROVED MINUTES
JEFFERSON CITY PLANNING AND ZONING COMMISSION
September 13, 2012
5:15 p.m.
COMMISSION MEMBERS PRESENT ATTENDANCE RECORD
Jack Deeken 4 of 4
Bob George 4 of 4
David Nunn 3 of 4
Ralph Robinett, Chairman 4 of 4
Dale Vaughan 3 of 4
Chris Jordan,Vice Chairman 2 of 4
Bunnie Trickey Cotten, Alternate 4 of 4
COMMISSION MEMBERS ABSENT
Dean Dutoi 2 of 4
Michael Lester 3 of 4
Chris Yarnell 3 of 4
EX-OFFICIO MEMBERS PRESENT
Rick Mihalevich, City Council Liaison
STAFF PRESENT
Janice McMillan, Director of Planning & Protective Services
Drew Hilpert, City Counselor
Matt Morasch, City Engineer
Eric Barron, Senior Planner
Anne Stratman,Administrative Assistant
New Business/Public Hearings
Case No. P12015—Zoning Text Amendment. Request filed by City Staff to amend the text of
Chapter 35, Zoning, by removing standards relating to noise (Section 35-41.B.28.f). The purpose
of the request is to consolidate regulations regarding noise into Chapter 21, Nuisances, of the
City Code. The complete text of the amendment is available for review at the Department of
Planning and Protective Services, 320 E. McCarty Street, or may be viewed at the Planning
Division webpage at www.jeffcitymo.org.
Mr. Hilpert explained that the purpose of this request is to remove standards relating to noise in
Chapter 35 Zoning and consolidate them into Chapter 21, Nuisances. He stated that we would keep
the declaration that noise is a nuisance, which gives us an opportunity to address any issues as
they arise. Mr. Hilpert explained that Section 21-115.6 addresses the measurement of noise. He
stated that we would direct our officers to measure the sound five (5) feet from the boundary line
from which the noise is emanating or from the point where a citizen is complaining. Mr. Hilpert
explained that sound level measurements would be taken no closer than five (5) feet from any wall
because the sound bounces off those walls. He stated that Roger Schwartze, Public Works
Director, measured noise levels using the City's sound meter and compiled a chart that shows the
noise type and decibel level. Mr. Hilpert explained that Mr. Schwartze also included the OSHA
maximum allowable noise exposure for an eight (8) hour workday. He stated that Section 21-116.B
addresses adjustments to the maximum sound levels based on certain conditions. Mr. Hilpert
explained that Section 21-116.0 addresses exemptions from certain uses and activities when
determining compliance. Mr. Hilpert explained that the Board of Adjustment would hear any
variances for increases in the maximum allowed levels.
Mr. Deeken commented that some of the noise levels, especially the maximum level for operating
a 6 H.P. lawnmower, may be too restrictive.
Mr. Vaughan inquired whether these changes would affect Delong's or the quarry. Mr. Hilpert
explained that Mr. Schwartze measured the noise level at Midwest Block and Brick and they were
in compliance.
Excerpt of Un-Approved Minutes Page 2
September 13, 2012
Mr. George inquired whether these changes would affect companies like Hentges Tree Service.
He stated that they were at his house today with two chainsaws and a chipper. Mr. Hilpert
explained that those situations could be clarified as an exception along with lawnmowers.
Mr. Robinett suggested looking at an exemption for farm operations, as well.
Mr. Stan Idell, 319C Ash Street, spoke on this request and explained that he and his band play
music in Jefferson City and surrounding communities. He stated that there were complaints about
the noise level when his band played on the outdoor patio at Prison Brews. Mr. [dell explained that
the band was well within noise levels on the decibel chart provided by Mr. Schwartze. He stated
that ground noise level for cars going by on Ash Street is somewhere between 70 and 76 decibels.
Mr. Idell explained that noise levels while playing inside a restaurant were anywhere from 50 up to
and above 80 decibels. He stated that there will be more venues that want to provide outside
music.
Mr. Michael Brownstein, 320 Ash Street, spoke on this request and distributed a decibel
comparison chart. He explained that he is often disturbed by the music from the outdoor patio at
Prison Brews located at 305 Ash Street. Mr. Brownstein stated that when he measured the outdoor
music from Prison Brews it was 85 decibels. He stated that he does not mind Prison Brews being in
his neighborhood because they bring needed commerce to the City, however, he suggested that
they bring the music back inside.
No correspondence was received.
Ms. Cotten moved and Mr. Vaughan seconded to recommend approval of the zoning code
amendment to the City Council. The motion passed 6-0 with the following votes:
Aye: Cotten, Deeken, George, Jordan, Nunn, Vaughan
From the desk of Dorothy Clemens
325 Ash Street
Jefferson City, MO 65101
To whom it may concern:
I have to take medicine because of a variety of health issues. One of my most important
medications requires rest immediately after I take the recommended dosage. When Prison
Brews has amplified performances outside on their patio—or on the street—I am not able
to take this very important medication because I cannot rest. The noise will not allow me
this privilege.
I feel very strongly that my health and my health issues are more important than
individuals drinking and listening to loud music on the Prison Brew's patio. It not only
disturbs me, it keeps me from staying healthy. I go for physical therapy throughout the
week and have frequent consultations with my doctors. I feel very strongly that the sound
ordinance should be observed and enforced. In my case, my health—and perhaps my
life—are at risk.
Thank you.
Dorothy Clemen
jai
12
Ir MHE C FIVE-1D
SEP 2 7 2012
OF VICE OF THE CITY�CLERK
CITY OF MT
912 East High St Apt 201 R E G E I V D
Jefferson City MO 65101
SEP 2 7 2012
OFFICE OF THE CITY C1_ERK
CITY OF JEFFERSON
August 21, 2012
To Whom It May Concern:
Due to other obligations I am unable to attend the administrative hearing scheduled for
Wednesday, August 22, 2012,but I wanted my voice to be heard. I am fearful of not
having any recourse as a tenant should the noise level become intolerable at Prison Brews
and The Misson. I have resided at 912 East High Street for over 3 years. I am concerned
that without a strong sound ordinance in affect the sound level and hours of operation by
both businesses will present a severe problem for other residents and myself in the area.
I personally have not had any problems with the Prison Brew's noise level; however I
have had to call upon law enforcement a number of times to complain about the
Mission's noise level, during regular business times, not during a festival. Law
enforcement remedies the problem by having them turn down the volume and close their
door. The tenants of the neighborhood deserve to have, and need to have, some means of
insuring a sense of reasonable and tolerable sound level that can be achieved and
maintained on a regular basis. I am not anti-business in any way and have no other issues
with the businesses other than the noise levels. Since we all have to be neighbors, lets all
be amicable and respectful to each other. I ask that the City Council enact a strong sound
ordinance in this area that can and will be enforced by law enforcement if called upon by
neighbor tenants, so that residents can maintain some source of normalcy while living in
their own homes. Speaking only for myself as a tenant residing across the street from
The Mission, I lost a sense of normalcy in my own home. When The Misison's front
door was opened and combined with the extreme volume level I could not enjoy the
simple comforts of home. Such as: visiting with a friend, talking on the phone, listening
to my own television without constant interruption, or taking a nap. I cannot afford to
move to another location and I like my home. I do not believe it is proper to have
personal rights infringed upon when living in my own home. Thank you for allowing
me the opportunity to state my opinion about this important matter and I hope you take
this into consideration.
Respectfully,
Elosia Gabaldon
1
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SEP 2 7 2012
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CITY OF JEFFERSON
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itor are welcome. All a sense
is.The author's name each stt
le name, address and first inte
IAcation. Letters that Disturbing flaws in to stress i
Q not be published. proposed sound ordinance student ti
bons shot
Michael H. Brownstein ior,and acs
Jefferson City Charactt
;s i o n's deep within
I's Lake Dear Editor: many lessor
The new draft sound ordinance proposed to take the ed daily wit
place of the current one has three serious flaws I believe twice by stall
should be of concern for all residents of Jefferson City. part of the wa.
The most prominent one is the lack of an enforce- our building t
x ment clause in the sound ordinance.Police officers will students, staff,
residents that the have to make readings, yes you read that right, over community.
t r tine the homeown- a 15-30 minute period (Sec. 21-116.B.) Do we really Our teache.
+! o `p 9"it made with the want our police department to be mandated to spend character eves
� t- ktion th?t the resi- 30 minutes just to deal with a sound complaint?The students. They
LU ,County,to"pay"is present sound ordinance states that if you can hear the ingly instilling ii
w Ps ill-2:dvised act sound 50 feet away it is too loud. A simple measure. importance of be;
Ul the taxpayers of This will no longer be possible with the proposed sound model for others,
j f w O Q gal claims that the ordinance. decisions inside a-
6-5 Ser. Secondly the new ordinance defines the hours of day school, and.contin
Q m, owned the lake from 7 a.m.-10 p.m. (Sec.21-116.)Are these new hours others with respect
nation. Residents going into effect because as the News Tribune reported Over the years we 1.
ggoMrs.Renn was in a recent article one owner of a beer establishment how big of an impa,
Ients,that the dam wants the longer hours? This is a family town and a plays in the issues ti
gained.That same place that prides itself as a good place for retirees.Chit- schools. This awaren,
li association and dren and retirees live around that particular establish- us to increase the imp(
Ithat offer. When ment.Is it fair to make daytime so long?Wouldn't it be have placed on characi
Tally absolved the better to define daytime from 7 a.m.-7 p.m. or at most tion.
taxpayers of Cole 7 a.m.-8 p.m. For JCAC, this incr,
vision. Lastly the new draft ordinance proposes sound shown positive results.C
`ideal", a group of decibels at levels the EPA and other agencies define as all dailyattendancehasin
actors to re-build potentially dangerous to our health and hearing (Sec. individual attendance
secure financing, 21-116.A.) Commercial soundings will be placed at ages have increased, t
association. Even 80-85 with allowable spikes to 90-95. Residential and referrals have decreased,
f these efforts, it industrial will be 65 decibels or less. overall climate and cull
its with regard to Since when do commercial establishments need changed.That the staff;
ihich allowed the louder, in this case 20-30 decibels louder, than indus- dents demand a sense ai
and property.So, trial use?Isn't this why industries plan their businesses from each other, which
+as its settlement away from residential areas?Every beer establishment has established an envii
nnsider taking a will be able to blast their music.In fact in one specific where students are both t
e Renn family to block a restaurant will be able to have live bands on ically and socially succes
their parking lot, a bar will be able to use their back When students tall
hat, in order to deck and a beer establishment will be able to utilize school they refer to it
3n,the residents their patio. secure, and nurturing 4
ied on behalf of I believe uniformity is the key here. Make 65 the ment to learn. They f
'be undertaken level for all three segments of our city;residential,com- teachers to be caring ar
ined from expe- mercial and industrial. An 85 reading with allowable ing.They find the progra
i requirements, spikes to 95 will make Jefferson City the only city of its individualized, privilege
luisition by the size based on reviews of sound ordinances in similar opportunistic.
sized municipalities to be allowed to be this loud and More importantly o
lays in consult- 85 is loud. dents would say they feel.
d to do nothing Is this what we want?To-be known as the city with ed by all as soon as they e
I as it may have the loudest allowable decibel readings? A city where doors; our school has b(
ity's action was commercial businesses can blast their minds without place where students fee
as left all of the fear of enforcement, time constraints and sound level? as individuals. That cor
den. Please see Your Opinion,p.11 in themselves has helper
lish a culture where "Cl
Counts."
Diamond Lujan, s
si�t4t Z R�N,EMB�R _ Character Counts days
} Wi{ENTfaE Qui:SttoiauSED are so much fun. All the
To SE "C�iNG1=R
oR tY au?� ties we do really ►n^,
togeth-
Discord brewing
over neighborhood noise
Bob Boldt
Jefferson City
Dear Editor:
When Prison Brews opened I was delighted. Here
was a venue with a friendly,neighborhood atmosphere
arid a great selection of beers:About a year ago I spoke
with a friend who lives less than a block away from the
establishment.When I invited him to join our group
for a meet-up at the pub his countenance darkened.
He explained that the Brews was not a good neighbor,
that patrons cars,instead of parking in the adjacent lot,
blocked up the residential street.The city even refused
to designate the spot in front of a handicapped woman's
house as a handicapped parking-only location.
But that wasn't the worst of it, my friend explained.
The noise of the music, especially during fair-weather
summer nights, was especially loud, disturbing.the .
peace of what used to be,quite a mice,quiet residential
neighborhood.
Initial requests directly to the owner to tone it down
a little were met'th denial,.hostilityanal intimidation
It is.unfortunate that,my.friend has had to resortAa
making a 9%ft pokce'call,just to get tile estab]xshtuent :
to be aOod neighbor; v z
eI'v G w
ary Cow
rcetailish��v�' 'tptbe;.
levels an'd times for souWs eorr}rng`lrr tl eg ru
Cr
,,-friend sat-s_these nex� regulations i�Il ,alloeti Then
LU
make noise at propose&mmmercial 85 decibel levels'
..(not,the residendal,.55-decibels) from 7 a.m.-10 p_mZ x U I Lu
This appears tome to be unsatisfactory,for people_
-living in the neighborhood trying to�get.ldds to do 0— o
homework-and to sleep, not to mention.senior xesi= l w o
dents who are disturbed by the racket. What,is- the " cr>
purpose of zoning if the reasons for ordinances that
protect the health and safety of citizens are sacrificed
to commercial.interests?The neighborhood was there
before Prison Brews opened its doors.It behooves there
to fit in with citizens already.there, not the other way
around. .
Surely there must be a way that the two can co-exist.
There is.no reason the music can't be moved indoors
and the amps•turned down a bit.So far the pub and the
City Council seem to be completely disregarding the
legitimate rights of the neighborhood.
I and my friends have decided to boycott Prison
Brews until they become a good neighbor. I suggest
i others do the same.
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OFFICE QF THE Cl T y CLERK
Cln' G'F �FFFEIZSQN
This is an actual email I received when I made a request through the Sunshine Laws. I asked for pertinent data on
August I&when Prison Brews had a very loud band playing on their patio:
Frotn: Schroeder,Roger
Sent:Tuesday, August 28,2012 9:46 AM
To: Cynova,Robert
Cc: Kcency,Douglas
Subject: FW: Sunshine Request
Doug–Please give this for Phyllis.I don't know if you run this through Dre or n ,,. et i plus 5�Veitis in
from Chicago, who wants to create as much hardship as possible for Prison B ews Ldt6ekntiv -ivi at Iou
find.Thank you.
Roger Schroeder is the Police Chief of Jefferson City, MO S E P 2 7 2012
Robert Cynova and Doug Keeney do Sunshine requests.
Phyllis is the City Clerk. OFFICE OF THE C,TY CLERK
Drew is the City Attorney CITY i j'-FF[� iI
Weinstein of Chicago is me,Michael Brownstein
At issue here is the sound ordinance and Prison Brews failure to follow it—and the police's refusal to enforce it.
This is from the actual police report Case Number:2012-00042395(paragraphs three and four,items in parenthesis
are mine):
"I(Twelker--the police officer who took lie complaint)drove to Prison Brews and contacted Brown(Debra Brown,
the owner of Prison Brews) about the complaint. Brown stated she had been in contact with zoning and the Jefferson
City Police Department about this issue.
"After speaking to Brown, I re-contacted Brownstein. I informed Brownstein,per my superiors,the noise ordinance
was being cliangcd and we had no clear direction to proceed with charges for the noise complaint. Brownstein stated
his peace was being disturbed and wished to rile a peace disturbance report."
The reason I was so adamant to sign a complaint was because of the promise Debra Brown made on May 24"'when
Rebecca Buschman and I made a complaint against the loud music playing on the patio at Prison Brews. Ai that time
Officer McDowell wrote the following:
ORI Number: M00260100
CAD Narrative
Last entry: "Owner Debra Brown moved the music inside shortly after 2030. She has advised that until zoning issues
are worked out she will have all of her bands inside the establishment. Contacted both RP's and they agreed they
will not sign a complaint at this time as long as the owner keeps her end of the agreement_"
On August 10th,Debra Brown broke her agreement, On August 10`h,the police claimed they could not enforce the
existing law because a draft law was in the works. My question:Since when does a draft law supersede a law on
the books?Why was she allowed to continue playing very loud music on her patio on August 10th7 Why was she
not told to cease—or at least lower the volume?Why viere the polite not allowed to enforce the existing sound
ordinance? J p
94
KLULIVr—Ull
SEP 2 7 2012
Dear Editor: OFFICE OF THE CITY CLERK
CITY OF JEFFERSON
Next Monday, October 1,Jefferson City Council will take up two proposed ordinances
that were discussed at the September 13th Planning and Zoning meeting.
First,there is a proposed noise ordinance that intends to replace the current noise
provisions with enforcement based on decibel readings. The allowable decibel level varies
depending on whether the noise is in a residential, commercial or industrial zone. Comparing
the proposed ordinance to others of cities of similar size, Jefferson City's is well out of line,
allowing unreasonably high decibel levels in commercial zones. Furthermore, under the
proposed ordinance, to immediately abate an offending noise would require a court order.
At the present time there is a particular establishment, Prison Brews,the city
government appears peculiarly eager to please, Prison Brews has occasional outdoor concerts
that are extremely loud. An article in the paper in August, shortly after the latest outdoor
concert, stated that music did not exceed 79 decibels, according to a reading by Public Works
Director Roger Schwartze. The article also said that Mr. Schwartze measured the sounds of the
cicadas in the trees that evening, which measured about 81-82 decibels. I'm not sure where
Mr. Schwartze took the readings, but I cannot see how anyone in the neighborhood during the
concert would not think the music was entirely too loud. I was visiting a friend on Ash Street
and the music was very loud and very irritating. I spoke over the phone later that evening with
one of the residents on Ash Street who lives about 120 feet from Prison Brews and could still
hear the music over my phone. Incidentally, I could not hear the cicadas.
If the proposed noise ordinance passes, Prison Brews will be allowed to continue the
music at that level ALL NIGHT LONG. Levels at night (which starts at 10:01, per request of
Prison Brews), may legally stay at 80 decibels and spike to 90— louder than the concert noise
level that Mr. Schwartze measured.
Many commercial areas lie next to residences in the city. Another proposed ordinance
to be taken up Monday night aims to add a new commercial zone behind a strip of residences
on Tanner Bridge Road. Several businesses plan to move in there, and the speaker at the
Planning and Zoning meeting assured everyone that the area residents were in favor of the
rezoning. Would these residents be so willing to welcome the commercial area if one of the
new businesses has the same privileges and policies of Prison Brews?
A. E. Rosenthal Smollen
2005 Meadow Lane
Jefferson City, Missouri 65109
19 3
Decibel(Loudness)Comparison Chart
Here are some interesting numbers,collected from a variety of sources,that help one to
understand the volume levels of various sources and how they can affect our hearing.
Environmental Noise
Weakest sound hoard OdB
Whisper Quiet Library at 6' 30dB
Normal conversation at 31
Telephone dial tone 8OdS
City TWf i F (Inside-car)
Train whistle at 500',Truck Traffic
Jackhammer at 50' 95dB
i Subway train at 200' 95dB
Level at welch sustained exposure may result
in hearing loss 90-95dS
Hand Drill 9MB
I Power mower at 31 f 107dB
Snowmobile,Motorcycle IWO
Power saw at T 11 OdB
Sandblasting, Loud Rock Concert 115dB
Pain begIns 125dS
Pneumatic riveter at 4'
Even shod term exposure can cause i
permanent damage-Loudest recommended 1400
exposure—WM hawing protection
Jet engine at lOO'
2 Gauge Shotgun Blast I65dB
Death of hearing tissue IiOdg
Loudest sound possible IMB
( MIOSH Me Nadqj;!Tnsfaitute for Qpational Safety and Health),Daily Permissible Noise Level
Exposure
Hours per day Sound 1;vW
86dBA
4 88dBA
89dBA
196dBA
2
Distributed by Mr. Michael Brownstein an
911312012
1.5
100dBA
Sound Levels of Music
j Symphonic music peak ( 120-137dB
Amptif'ier.rock,4-6'
Rock music peak - i 15046
85dB Hearing damage after approximately 8 hours.
IWO Jackhammer(pneumatic drill)at close range 1,000,000,000
100dB Hearing damage after about 15 minutes.
110dB+Jet engine at about l 00m 10,000,000,000
120dB Threshold of pain. Hearing damage after very brief exposure.
NOTES
Aging causes gradual hewing loss,mostly in the high frequencies.
• Hypertension and various psychological difficulties can be related to noise exposure.
• The incidence of hearing loss in classical musicians has been estimated at 443%,in rock
musicians 13-300/&
At what Intensity does noise start to become painful?
That depends on the sort of sound and the listener.
In hearing,the threshold of pain is the sound pressure or sound pressure level beyond which sound
becomes unbearable for a human listener.This threshold varies only slightly with frequency.Our ear drums
use moved only by sound pressure and not by acoustic intensity.
120 dBSPL n 20 Pa
The INTENSITY LEVEL of a loud sound which gives pain to the ear,usually between 115 and 140 dB