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
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*America City
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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.