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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. Drafters Note: Deleted text shown as thus. Inserted text shown as thus Substitute Bill 2012-76 Page I SUBSTITUTE 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 Drafters Note:Deleted text shown as t#ds. Inserted text shown as thus Substitute Bill 2012-76 Page 2 SUBSTITUTE 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. Drafters Note:Deleted text shown as thus. Inserted text shown as thus Substitute Bill 2012-76 Page 3 SUBSTITUTE 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, > Drafters Note:Deleted text shown as thus. Inserted text shown as thus Substitute Bill 2012-76 Page 4 SUBSTITUTE 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 Drafters Note:Deleted text shown as thus. Inserted text shown as thus Substitute Bill 2012-76 Page 5 SUBSTITUTE 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; Drafters Note:Deleted text shown as thus. Inserted text shown as thus Substitute Bill 2012-76 Page 6 SUBSTITUTE 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 Drafters Note: Deleted text shown as t#44&. Inserted text shown as thus Substitute Bill 2012-76 Page 7 SUBSTITUTE 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 Drafters Note: Deleted text shown as taus. Inserted text shown as thus Substitute Bill 2012-76 Page 8 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 G" l / Al Lc 4 "RE SEP 2 7 2012 r cl- OFFICE OF THE CITY CLERK CITY OF JEFFERSON ne �qy f6 Ll V tl'- D R ��� � 1" SEP 2 7 2012 OFFICE OF THE CITY CLERK CITY OF JEFFERSON (L 4�o tv CA iiiaiiialinbai p?uot7nl Tho - -- needs i 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. -zJ 3 -Z� LIL�4 I(I)J z tL,4Ckjj hu Ll _�410 KF ' f- L- Ll E P 2 7 2:01221 OFFICCIT.E OF ryE CITY C 4-h ; n Ic i - Sao L/t-I d Y�m(-C t 6 Y-c--.,n V-c 11 (A C-,-- P CDrn V( i cd a- - e�o -�D 1x-6�,rc 0, f2 m - -c\t-C n A"D ` kj� � v -c- 0, bcL CA-V\t" w ; -th - - �100 Y' Cl t C-Ck- 1 SCE')C)C) A 5 mtnc k on wl, C E l r -- SEP 2 7 2012 z 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