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Code of Ordinances Amendment - Title 6-5-3 Exempt Noises_Referred to StaffCopyrighted November 20, 2017 City of Dubuque Action Items # 1. ITEM TITLE: Code of Ordinances Amendment Title 6-5-3 Exempt Noises SUMMARY: City Manager recommending an amendment to the noise ordinance related to the noise coming from school stadiums including, but not limited to, marching bands and athletic events, and would exempt events on campuses within a sports stadium during hours already contained in the code restricting amplified music or noise consistent with the noise variance provisions of the Code. ORDINANCE Amending City of Dubuque Code of Ordinances Title 6 Health, Housing, Sanitation and Environment, Chapter 5 Noises, Section 6-5-3 Exempt Noises SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Motion B; Motion A ATTACHMENTS: Description Type City Code 6-5-3 - Exempt Noises Amendment -MVM City Manager Memo Memo Staff Memo Staff Memo Ordinance Ordinance Suggested Motion Wording Supporting Documentation THE CITY OF Dui Masterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Amendment to Code Ordinance, Exempt Noises 6-5-3 DATE: November 16, 2017 Dubuque kittri *America City �inrn.crx, i:'x 11111' 2007.2012 2013.2017 There are currently activities in the stadiums of the colleges and high schools that it is clearly known that there will be noise that spills over into the community. The existing noise ordinance language does not recognize this fact, putting the Police Department in an awkward position. Police Chief Mark Dalsing is recommending an amendment to the noise ordinance related to the noise coming from school stadiums. This would include, but is not limited to marching bands and athletic events. The amendment would exempt events on campus within a sports stadium during hours already contained in the code restricting amplified music or noise consistent with the noise variance provisions of the code. I concur with the recommendation and respectfully request Mayor and City Council approval. Michael C. Van Milligen' MCVM:sv Attachment cc: Crenna Brumwell, City Attorney Teri Goodmann, Assistant City Manager Cori Burbach, Assistant City Manager Mark Dalsing, Police Chief Mary Rose Corrigan, Public Health Specialist Mark Murphy, Emergency Communication Manager THE CITY OF Dubuque DUB Eek Masterpiece on the Mississippi 11111! I�! 2007 • 2012 • 2013 TO: Michael C. Van Milligen City Manager FR: Mark M. Dalsing Chief of Police Police Department Dubuque Law Enforcement Center 770 Iowa Street P.O. Box 875 Dubuque, IA 52004-0875 Office (563) 589-4410 Fax (563) 589-4497 TTY (563) 583-1711 E-mail: police@cityofdubuque.org www.cityofdubuque.org November 16, 2017 RE: Amendment to Code Ordinance, Exempt Noises 6-5-3 INTRODUCTION This memo will address a proposed amendment to section 6-5-3 of the City of Dubuque Code of Ordinances, Exempt Noises. BACKGROUND A gap has been identified in the current code of ordinances related to the noise coming from events occurring within school stadiums within the community. This would include, but is not limited to, marching bands and athletic events. A modification to the code of ordinances is included with this memo. The modification would exempt events on campus within a sports stadium during the hours already contained in the code restricting amplified music or noise or consistent with the noise variance provisions of the code. ACTION REQUESTED Review of this memo and recommendation to City Council to approve the amendment. cc: Crenna Brumwell, City Attorney Prepared by Crenna M Brumwell, Esq 300 Main Street Suite 330 Dubuque IA 52001 563 589-4381 ORDINANCE NO. -17 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 6 HEALTH, HOUSING, SANITATION AND ENVIRONMENT, CHAPTER 5 NOISES, SECTION 6-5- 3 EXEMPT NOISES NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 6-5-3 of the City of Dubuque Code of Ordinances is hereby amended to read as follows: 6-5-3: EXEMPT NOISES: The following noises are exempt from the provisions of this chapter: A. Emergency Operations: Emergency short term operations that are necessary to protect the health and welfare of the citizens, such as emergency utility and street repair, fallen tree removal or emergency fuel oil delivery, shall be exempt from the prohibition of section 6-5-1 of this chapter; provided, that reasonable steps shall be taken by those in charge of such operations to minimize noise emanating from the same. B. Noise Required By Law: The prohibition of section 6-5-1 of this chapter shall not apply to any noise required specifically by law for the protection or safety of people or property. C. Lawn Mowers, Garden Tools: Powered equipment, such as lawn mowers, small lawn and garden tools, riding tractors and snow removal equipment that is necessary for the maintenance of property, if kept in good repair and maintenance, shall be exempt from the prohibition of section 6-5-1 of this chapter. No person shall operate such equipment, however, with the exception of snow removal equipment, except between the hours of eight o'clock (8:00) A.M. and sunset, Monday through Friday, and nine o'clock (9:00) A.M. to sunset, Saturday and Sunday. D. Residential Air Conditioners: Noise emitted by residential air conditioners shall be governed by section 6-5-4 of this chapter. E. Airplanes: Aircraft operations that are controlled specifically by federal law shall be exempt from the prohibition of this chapter. F. Bells, Chimes: Bells, chimes and similar devices that signal the time of day and operate during the daytime hours for a duration of no longer than five (5) minutes in any given one hour period shall be exempt from the prohibition of section 6-5-1 of this chapter. G. Entertainment and Sporting Events. The provisions of this Title shall not apply to those reasonable sounds emanating from authorized school bands, school athletic and school entertainment events, public or private entertainment conducted on campus within a sports stadium between the hours of 9:00 a.m. and 10:00 p.m. Monday through Friday, and 9:00 a.m. and 12:00 (midnight) on Friday and Saturday, unless such events have received a noise variance from the City of Dubuque under section 6-5-7 of this chapter. H. Events granted Special Event permits or Courtesy Event permits by Title 10, Chapter 4, or section 6-5-7 of this code. Section 2. This Ordinance shall take effect upon publication. Passed, approved, and adopted this day of , 2017. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk EFFECT OF AMENDMENT 6-5-3: EXEMPT NOISES: The following noises are exempt from the provisions of this chapter: A. Emergency Operations: Emergency short term operations that are necessary to protect the health and welfare of the citizens, such as emergency utility and street repair, fallen tree removal or emergency fuel oil delivery, shall be exempt from the prohibition of section 6-5-1 of this chapter; provided, that reasonable steps shall be taken by those in charge of such operations to minimize noise emanating from the same. B. Noise Required By Law: The prohibition of section 6-5-1 of this chapter shall not apply to any noise required specifically by law for the protection or safety of people or property. C. Lawn Mowers, Garden Tools: Powered equipment, such as lawn mowers, small lawn and garden tools, riding tractors and snow removal equipment that is necessary for the maintenance of property, if kept in good repair and maintenance, shall be exempt from the prohibition of section 6-5-1 of this chapter. No person shall operate such equipment, however, with the exception of snow removal equipment, except between the hours of eight o'clock (8:00) A.M. and sunset, Monday through Friday, and nine o'clock (9:00) A.M. to sunset, Saturday and Sunday. D. Residential Air Conditioners: Noise emitted by residential air conditioners shall be governed by section 6-5-4 of this chapter. E. Airplanes: Aircraft operations that are controlled specifically by federal law shall be exempt from the prohibition of this chapter. F. Bells, Chimes: Bells, chimes and similar devices that signal the time of day and operate during the daytime hours for a duration of no longer than five (5) minutes in any given one hour period shall be exempt from the prohibition of section 6-5-1 of this chapter. G. Entertainment and Sporting Events. The provisions of this Title shall not apply to those reasonable sounds emanating from authorized school bands, school athletic and school entertainment events, public or private entertainment conducted on campus within a sports stadium between the hours of 9:00 a.m. and 10:00 p.m. Monday through Friday, and 9:00 a.m. and 12:00 (midnight) on Friday and Saturday, unless such events have received a noise variance from the City of Dubuque under section 6-5-7 of this chapter. H. Events granted Special Event permits or Courtesy Event permits by Title 10, Chapter 4, or section 6-5-7 of this code. Suggested Motion Wording for Ordinances - Motion B / Motion A Motion B I move to receive and file the communications and further move that the requirement that a proposed Ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which is to be finally passed be suspended. Second & vote called; then: Motion A I move final consideration and passage of the Ordinance. Second & vote called If Motion B does not pass: I move to receive and file the communications and I move first (or second) consideration of the Ordinance. Upon third reading: I move final consideration and passage of the Ordinance.