Loading...
Code of Ordinances Amendment - Title 6 Prohibited and Exempt Noises_1st Reading Copyrighted August 6, 2018 City of Dubuque Action Items # 3. ITEM TITLE: Code of Ordinance Amendment-Title 6 Prohibited and Exempt Noise SUMMARY: City Manager recommending approval of an update to the prohibited noises and exempt noises ordinances to update some terminology in the prohibited noises ordinance and add provisions and sections that further clarifying the use, prohibitions and exemptions of outdoor music or amplified noise. ORDINANCE Amending City of Dubuque Code of Ordinances Title 6 Health, Housing, Sanitation and Environment, Chapter 5 Noises, Section 6-5-1 Prohibited Noises ORDINANCE Amending City of Dubuque Code of Ordinances Title 6, Health, Housing, Sanitation and Environment, Chapter 65 Noises, Section 6-5-3 Exempt Noises SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Motion B; Motion A ATTACHMENTS: Description Type Noise Ordinances-NNM Memo City Manager Memo Staff Memo Staff Memo Ordi nance- 6-5-1 Ordi nance Ordi nance- 6-5-3 Ordi nance Ordinance Corrections from Meeting Ordinance Suggested Nbtion Wording Supporting Documentation THE CITY OF Dubuque � AIFA�erlwGh UB E '�� III► Masterpiece on the Mississippi Z°°'�w'2 7A13 2017 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Noise Ordinances DATE: August 2, 2018 City Attorney Crenna Brumwell recommends City Council approval of an update to the prohibited noises and exempt noises ordinances to update some terminology in the prohibited noises ordinance and add a provision further clarifying when the use of outdoor music or amplified noise is prohibited. Additionally, new sections are being added to the exempt noise ordinance clarifying the regulations for sanctioned sporting events and musical performances/practices, identifying sanctioned sporting events, clarifying the regulation of public address announcers, and adding a provision exempting events for which a special event permit or courtesy event permit are authorized. I concur with the recommendation and respectfully request Mayor and City Council approval. �� � ��� Mic ael C. Van Milligen� � � MCVM:jh Attachment cc: Crenna Brumwell, City Attorney Teri Goodmann, Assistant City Manager Cori Burbach, Assistant City Manager Mark Dalsing, Chief of Police Mary Rose Corrigan, Public Health Specialist THE CTTY OF Dubuque �" ui���eNe�ary DUB E 'il��i;' Masterpiece on the Mississippi Z°°' Z°'Z 2013 2017 CRENNA M . BRUMWELL , ESQ. CITY ATTORNEY To: Michael C. Van Milligen, City Manager Date: August 1, 2018 Re: Noise Ordinances A recent review of the prohibited noises and exempt noises ordinances with city staff indicated a need to update some terminology in the prohibited noises ordinance and add a provision further clarifying when the use of outdoor music or amplified noise is prohibited. Additionally, new sections are being added to the exempt noise ordinance clarifying the regulations for sanctioned sporting events and musical performances/practices, identifying sanctioned sporting events, clarifying the regulation of public address announcers, and adding a provision exempting events for which a special event permit or courtesy event permit are authorized. cc: Mark Dalsing, Chief of Police Mary Rose Corrigan, Public Health Specialist OFFICE OF THE CITYATTORNEY DUBUQUE, IOWA SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944 TELEPHONE (563)589-4381 /Fnx (563)583-1040/Ennni� cbrumwel@cityofdubuque.org Prepared by: Crenna M. Brumwell, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 589-4381 ORDINANCE NO. -18 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 6 HEALTH, HOUSING, SANITATION AND ENVIRONMENT, CHAPTER 5 NOISES, SECTION 6-5- 1 PROHIBITED NOISES NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1 . Section 6-5-1 of the City of Dubuque Code of Ordinances is hereby amended to read as follows: 6-5-1 : PROHIBITED NOISES: No person shall cause or permit any loud and excessive noise that results in annoyance or discomfort to a reasonable person of normal sensitivities. Without limiting or precluding enforcement of any other provision of this chapter or this code, the following are hereby prohibited: A. Horns, Signaling Devices: The sounding of any horn or signaling device such as that on any automobile, motorcycle, bus or other vehicle on any street or public place of the city, except as a danger warning, or the sounding of any such device for an unnecessary and unreasonable period of time. B. Crying Of Wares: The sale by outcry within any area of the city zoned for residential uses. However, this subsection shall not be construed to prohibit the selling by outcry of inerchandise, food and beverages at licensed sporting events, parades, fairs, circuses and other similar licensed public entertainment events, nor to prohibit the selling of newspapers by outcry. C. Animals And Fowl: The keeping of, upon any premises owned, occupied or controlled by any person, any animal or fowl otherwise permitted to be kept which, by any sound or cry, shall cause annoyance or discomfort to a reasonable person of normal sensibilities. D. Loading, Unloading, Opening Boxes: The creation of any loud and excessive noise in connection with loading or unloading any vehicle or the opening and destruction of bales, boxes, crates and containers. E. Schools, Courts, Churches, Hospitals: The creation of any loud and excessive noise on any street adjacent to any school, institution of learning, church or court while same is in use, or adjacent to any hospital, which unreasonably interferes with the workings of such institution, or which disturbs or unduly annoys patients in the hospital. F. Construction: The creation of any loud or excessive noise resulting from erection, excavation, demolition, alteration or repairs related to any structure, infrastructure, or building except between the hours of seven o'clock (7:00) A.M. and eight o'clock (8:00) P.M., Monday through Friday, and nine o'clock (9:00) A.M. and six o'clock (6:00) P.M. on Saturday and Sunday. G. Pile Drivers, Pneumatic Hammers: The operation of any pile driver, pipe ramming, pneumatic hammer, or similar construction equipment, except between the hours of eight o'clock (8:00) A.M. and six o'clock (6:00) P.M., Monday through Friday, and nine o'clock (9:00) A.M. and six o'clock (6:00) P.M., Saturday and Sunday, and when so permitted, only if equipped with an effective muffling device. H. Refuse Or Recyclables Collection: The collection of garbage, trash, refuse or recyclables in any area zoned residential except between the hours of six o'clock (6:00) A.M. and nine o'clock (9:00) P.M. of any day and, when so permitted, only in a manner so as not to create a loud or excessive noise. I. Vehicle Repairs: The creation of loud and excessive noise resulting from the repair or rebuilding of any motor vehicle within any residential area of the city except between the hours of nine o'clock (9:00) A.M. and nine o'clock (9:00) P.M. daily but only in such a manner that a reasonable person of normal sensitivities residing in the area will not be caused discomfort or annoyance. J. Exhausts: The discharge into the open air of the exhaust of any engine, including a steam engine, internal combustion engine, motorboat or motor vehicle or the discharge of air or other gases except through a muffler or other device that will effectively prevent loud or explosive noises therefrom. K. Stationary Machinery, Equipment And Fans: The operation of any immobile machine, equipment, pump, fan or similar mechanical device in any manner so as to create any loud and excessive noise. L. Loud, Unnecessary Or Unusual Noise: Notwithstanding any other provision of this chapter or code, and in addition thereto, it shall be unlawful for any person to make or continue or cause to be made or continued any loud, unnecessary, or unusual noise which disturbs the peace or quiet of any neighborhood or which causes discomfort or annoyance to any reasonable person of normal sensitivities. M. Outdoor Music Or Amplified Noise: 1 . The making or continuing to make any outdoor music or amplified noise between the hours of ten o'clock (10:00) P.M. on Sunday and nine o'clock (9:00) A.M. on Monday, ten o'clock (10:00) P.M. on Monday and nine o'clock (9:00) A.M. on Tuesday, ten o'clock (10:00) P.M. on Tuesday and nine o'clock (9:00) A.M. on Wednesday, ten o'clock (10:00) P.M. on Wednesday and nine o'clock (9:00) A.M. on Thursday, ten o'clock (10:00) P.M. on Thursday and nine o'clock (9:00) A.M. on Friday, twelve o'clock (12:00) midnight on Friday and nine o'clock (9:00) A.M. on Saturday and twelve o'clock (12:00) midnight on Saturday and nine o'clock (9:00) A.M. on Sunday, when the person making or causing to make such music or noise knows or reasonably should know the music or noise would disturb the peace of a reasonable person; or 2. During the course of sport team and intramural practices conducted on the grounds of a Dubuque public or parochial school or college campuses. Section 2. This Ordinance shall take effect upon publication. Passed, approved, and adopted this_ day of , 2018. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk EFFECT OF AMENDMENT 6-5-1 : PROHIBITED NOISES: No person shall cause or permit any loud and excessive noise that results in annoyance or discomfort to a reasonable person of normal sensitivities. Without limiting or precluding enforcement of any other provision of this chapter or this code, the following are hereby prohibited: A. Horns, Signaling Devices: The sounding of any horn or signaling device such as that on any automobile, motorcycle, bus or other vehicle on any street or public place of the city, except as a danger warning, or the sounding of any such device for an unnecessary and unreasonable period of time. B. Crying Of Wares: The sale by outcry within any area of the city zoned for residential uses. However, this subsection shall not be construed to prohibit the selling by outcry of inerchandise, food and beverages at licensed sporting events, parades, fairs, circuses and other similar licensed public entertainment events, nor to prohibit the selling of newspapers by outcry. C. Animals And Fowl: The keeping of, upon any premises owned, occupied or controlled by any person, any animal or fowl otherwise permitted to be kept which, by any sound or cry, shall cause annoyance or discomfort to a reasonable person of normal sensibilities. D. Loading, Unloading, Opening Boxes: The creation of any loud and excessive noise in connection with loading or unloading any vehicle or the opening and destruction of bales, boxes, crates and containers. E. Schools, Courts, Churches, Hospitals: The creation of any loud and excessive noise on any street adjacent to any school, institution of learning, church or court while same is in use, or adjacent to any hospital, which unreasonably interferes with the workings of such institution, or which disturbs or unduly annoys patients in the hospital. F. Construction : The creation of any loud or excessive noise resulting from erection, excavation, demolition, alteration or repairs e#related to any structure, infrastructure, or building except between the hours of seven o'clock (7:00) A.M. and eight o'clock (8:00) P.M., Monday through Friday, and nine o'clock (9:00) A.M. and six o'clock (6:00) P.M. on Saturday and Sunday. G. Pile Drivers, Pneumatic Hammers: The operation of any pile driver, pipe ramminq, pneumatic hammer, or e#+�e�similar construction equipment, except between the hours of eight o'clock (8:00) A.M. and six o'clock (6:00) P.M., Monday through Friday, and nine o'clock (9:00) A.M. and six o'clock (6:00) P.M., Saturday and Sunday, and when so permitted, only if equipped with an effective muffling device. H. Refuse Or Recyclables Collection: The collection of garbage, trash, refuse or recyclables in any area zoned residential except between the hours of six o'clock (6:00) A.M. and nine o'clock (9:00) P.M. of any day and, when so permitted, only in a manner so as not to create a loud or excessive noise. I. Vehicle Repairs: The creation of loud and excessive noise resulting from the repair or rebuilding of any motor vehicle within any residential area of the city except between the hours of nine o'clock (9:00) A.M. and nine o'clock (9:00) P.M. daily but only in such a manner that a reasonable person of normal sensitivities residing in the area will not be caused discomfort or annoyance. J. Exhausts: The discharge into the open air of the exhaust of any engine, including a steam engine, internal combustion engine, motorboat or motor vehicle or the discharge of air or other gases except through a muffler or other device that will effectively prevent loud or explosive noises therefrom. K. Stationary Machinery, Equipment And Fans: The operation of any immobile machine, equipment, pump, fan or similar mechanical device in any manner so as to create any loud and excessive noise. L. Loud, Unnecessary Or Unusual Noise: Notwithstanding any other provision of this chapter or code, and in addition thereto, it shall be unlawful for any person to make or continue or cause to be made or continued any loud, unnecessary, or unusual noise which disturbs the peace or quiet of any neighborhood or which causes discomfort or annoyance to any reasonable person of normal sensitivities. M. Outdoor Music Or Amplified Noise: 1 . The making or continuing to make any outdoor music or amplified noise between the hours of ten o'clock (10:00) P.M. on Sunday and nine o'clock (9:00) A.M. on Monday, ten o'clock (10:00) P.M. on Monday and nine o'clock (9:00) A.M. on Tuesday, ten o'clock (10:00) P.M. on Tuesday and nine o'clock (9:00) A.M. on Wednesday, ten o'clock (10:00) P.M. on Wednesday and nine o'clock (9:00) A.M. on Thursday, ten o'clock (10:00) P.M. on Thursday and nine o'clock (9:00) A.M. on Friday, twelve o'clock (12:00) midnight on Friday and nine o'clock (9:00) A.M. on Saturday and twelve o'clock (12:00) midnight on Saturday and nine o'clock (9:00) A.M. on Sunday, when the person making or causing to make such music or noise knows or reasonably should know the music or noise would disturb the peace of a reasonable personL.- 2. Durinq the course of sport team and intramural practices conducted on the qrounds of a Dubuque public or parochial school or colleqe campuses. Prepared by: Crenna M. Brumwell, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 589-4381 ORDINANCE NO. -18 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. 1 . Reasonable sounds emanating from sanctioned sporting events conducted on the grounds of a Dubuque public or parochial school or college campuses 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. For purposes of this section Sanctioned sporting events are described as competitive matches between teams from different institutions. Sanctioned sporting events includes one-hour prior to the event and one half-hour after the event. Sports team practices and intramurals are not considered sanctioned sporting events under this code. 2. Reasonable sounds emanating from musical instruments of marching bands or other musical teams, without electronic amplification, engaged in performance or practice, conducted on the grounds of a Dubuque public or parochial school or college campuses 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. 3. Nothing in this section shall be read to prohibit a public-address announcer at events during the permissible hours. 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 , 2018. 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 Sportinq Events. 1 . Reasonable sounds emanatinq from sanctioned sportina events conducted on the arounds of a Dubuque public or parochial school or colleqe campuses within a sports stadium between the hours of 9:00 a.m. and 10:00 p.m. Mondav throuqh Fridav, and 9:00 a.m. and 12:00 (midniqht) on Fridav and Saturdav, unless such events have received a noise variance from the Citv of Dubuque under section 6-5-7 of this chapter. For purposes of this section Sanctioned sportinq events are described as competitive matches between teams from different institutions. Sanctioned sportinq events includes one-hour prior to the event and one half-hour after the event. Sports team practices and intramurals are not considered sanctioned sportinq events under this code. 2. Reasonable sounds emanatinq from musical instruments of marchinq bands or other musical teams, without electronic amplification, enqaqed in performance or practice, conducted on the qrounds of a Dubuque public or parochial school or colleqe campuses between the hours of 9:00 a.m. and 10:00 p.m. Mondav throuqh Fridav, and 9:00 a.m. and 12:00 (midniqht) on Fridav and Saturday. 3. Nothinq in this section shall be read to prohibit a public-address announcer at events durina the permissible hours. H. Events qranted Special Event permits or Courtesv Event permits bv Title 10, Chapter 4, or section 6-5-7 of this code. Prepared by:Crenna M.Brumwell,Esq.300 Main Street Suite 330 Dubuque IA 52001 563 589-4381 ORDINANCE NO. -18 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) f 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. 1. Reasonable sounds emanating from sanctioned sporting events conducted on the grounds of a Dubuque public or parochial school or college campuses within a sports stadium between the hours of 9:00 a.m. � and 10:00 p.m. � _'-= ->- through -,, 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. For purposes of this section Sanctioned sporting events are described as competitive matches between teams from different institutions. Sanctioned sporting events includes one-hour prior to the event and one half-hour after the event. Sports team practices and intramurals are not considered sanctioned sporting events under this code. 2. Reasonable sounds emanating from musical instruments of marching bands or other musical teams, without electronic amplification, engaged in performance or practice, conducted on the grounds of a Dubuque public or parochial school or college campuses between the hours of 9:00 a.m. and 10:00 p.m. `-'- =--; through ?'c - ,r, and 9:00 a.m. and 12:00 (midnight) on Friday and Saturday. 3. Nothing in this section shall be read to prohibit a public-address announcer at events during the permissible hours. 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. � `� � ' ���� �,���������.�� fi��� �, ���5 �. ����t4r a�'-,��.,��.t'�x�� Passed, approved, and adopted this_day of ,2018. � � ��; �s t., :� ,,�����,`������;> � �.-.' �..�.z.. .-�.s�a'�F���s�x.''�`��-t�'�"s"':��a, Roy D. Buol, Mayor. Attest: # g" 4 c4 �'s^'9g`., 'y�3.. �+'�.?.. t t� � �'��, ���,�:�' �� � a��F �,y���„�a������� �"�°��'*����'��'a�;�`��'"'� ��.``.���` � s�� ��.saa��,�����*'���� +• Kevin S. Firnstahl, City Clerk $ � ` x�� � �,�'������� �: � s� ' x,� ��" ��` ¢ �,� r rit u` _ts s�, . �?,t��ct,'&e.a?y,�^#1 �'p ���:u x� a.�."vx,� a,�i��,�`2 , r€x �;,�.�,x��`rte�c��"`-���+ ;"�''�i�,'� .�� � P'�,` , '�a EFFECT OFAMENDMENT 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 Sportinq Events. 1. Reasonable sounds emanatinq from sanctioned sportina events' - - Formatted:Indent:Left: 0.5",Hanging: 0.5", No conducted on the qrounds of a Dubuque public or parochial school or bullets or numbering colleqe campuses within a sports stadium between the hours of 9:00 a.m. and 10:00 p.m. Sunda�i�,�v throuqh Thursc!a������c�� and 9:00 a.m. and 12:00 (midniqht) on Fridav and Saturdav unless such events have received a noise variance from the Citv of Dubuque under section 6-5-7 of this chapter. For purposes of this section Sanctioned sportinq events are s described as competitive matches between teams from different institutions. Sanctioned sportinq events includes one-hour prior to the event and one half-hour after the event. Sqorts team practices and intramurals are not considered sanctioned sportinq events under this code. 2. Reasonable sounds emanating from musical instruments of marchinq bands or other musical teams, without electronic amplification enqaqed in performance or practice, conducted on the qrounds of a Dubuque public or parochial school or college_camquses between the hours of 9:00 a.m. and 10:00 p.m. =� throuqh _._ -- - _ � = -'-a�, and 9:00 a.m. and 12:00 (midniqht) on Fridav and Saturday. ' --- - Pormatted:Indent:Left: 1", No bullets or numbering 3. Nothinq in this section shall be read to prohibit a public-address`--- Formatted:Indent:Left: 1" announcer at events durinq the permissible hours. ' - - Formatted:Indent:Left: 0.5",Space After: 0 pt,Line .H. Events �ranted Special Event permits or Courtesv Event permits bv Title-„\ spacing: single 1 0, Chapter 4,OI'S,@CtlOfl 6-5-7 Of tI11S COd2. , ,;�.,� Formatted:Font:(Default)Arial,12 pt,Font color.Auto Formatted:Indent:Left: 0.5",Font Alignment:Baseline Formatted:Font:(Default)Arial,12 pt,Font color:Auto Formatted:Font:(Default)Arial,12 pt,Font color:Auto Formatted:Font:Not Hidden � a: , - � �i Prepared by: Crenna M. Brumwell, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 589-4381 ORDINANCE NO. -18 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. 1 . Reasonable sounds emanating from sanctioned sporting events conducted on the grounds of a Dubuque public or parochial school or college campuses within a sports stadium between the hours of 9:00 a.m. and 10:00 p.m. Sunday through Thursday, 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. For purposes of this section Sanctioned sporting events are described as competitive matches between teams from different institutions. Sanctioned sporting events includes one-hour prior to the event and one half-hour after the event. Sports team practices and intramurals are not considered sanctioned sporting events under this code. 2. Reasonable sounds emanating from musical instruments of marching bands or other musical teams, without electronic amplification, engaged in performance or practice, conducted on the grounds of a Dubuque public or parochial school or college campuses between the hours of 9:00 a.m. and 10:00 p.m. Sunday through Thursday, and 9:00 a.m. and 12:00 (midnight) on Friday and Saturday. 3. Nothing in this section shall be read to prohibit a public-address announcer at events during the permissible hours. 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 o , 2018. ,� � 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 Sportinq Events. 1. Reasonable sounds emanatinq from sanctioned sportinq events conducted on the qrounds of a Dubuque public or parochial school or college camauses within a s�ort� st�dium h�t�een the hours of 9;0� �.►�. and 10:00 p.m. Sunday throuqh Thursday, and 9:00 a.m. and 12:00 (midniqht) on Fridav and Saturdav, unless such events have received a noise variance from the Citv of Dubuque under section 6-5-7 of this chapter. For purposes of this section Sanctioned sportinq events are described as competitive matches between te�ms from different institutions. Sanctioned sportinq events includes one-hour prior to the event and one half-hour after the event. Sports team practices and intramurals are not considered sanctioned sportinq events under this code. 2. Reasonable sounds emanatinq from musical instruments of marchinq bands or other musical teams, without electronic amplification, enqaqed in perFormance or practice, conducted on the qrounds of a Dubuque public or parochial school or college campuses between the hours of 9:00 a.m. and 10:00 p.m. Sunday throuqh Thursday, and 9:00 a.m. and 12:00 (midniqht) on Fridav and Saturday. 3. Nothinq in this section shall be read to prohibit a public-address announcer at events durinq the permissible hours. H. Events qranted 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. Prepared by: Crenna M. Brumwell, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 589-4381 ORDINANCE NO. -18 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. 1. Reasonable sounds emanating from sanctioned sporting events conducted on the grounds of a Dubuque public or parochial school or college campuses within a sports stadium between the hours of 9:00 a.m. and 10:00 p.m. SundayMonday through Thursday -Pr -44y, 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. For purposes of this section Sanctioned sporting events are described as competitive matches between teams from different institutions. Sanctioned sporting events includes one-hour prior to the event and one half-hour after the event. Sports team practices and intramurals are not considered sanctioned sporting events under this code. 2. Reasonable sounds emanating from musical instruments of marching bands or other musical teams, without electronic amplification, engaged in performance or practice, conducted on the grounds of a Dubuque public or parochial school or college campuses between the hours of 9:00 a.m. and 10:00 p.m. SundayMonday through ThursdayFay, and 9:00 a.m. and 12:00 (midnight) on Friday and Saturday. 3. Nothing in this section shall be read to prohibit a public-address announcer at events during the permissible hours. 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 , 2018. 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. 1. Reasonable sounds emanating from sanctioned sporting events - conducted on the grounds of a Dubuque public or parochial school or college campuses within a sports stadium between the hours of 9:00 a.m. and 10:00 p.m. SundayMten-el-ay through ThursdayF-ricd-ay, 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. For purposes of this section Sanctioned sporting events are Formatted: Indent: Left: 0.5", Hanging: 0.5", No bullets or numbering described as competitive matches between teams from different institutions. Sanctioned sporting events includes one-hour prior to the event and one half-hour after the event. Sports team practices and intramurals are not considered sanctioned sporting events under this code. 2. Reasonable sounds emanating from musical instruments of marching bands or other musical teams, without electronic amplification, engaged in performance or practice, conducted on the grounds of a Dubuque public or parochial school or college campuses between the hours of 9:00 a.m. and 10:00 p.m. SundayMonday through Thursday, and 9:00 a.m. and 12:00 (midnight) on Friday and Saturday. 3. Nothing in this section shall be read to prohibit a public -address ----- announcer at events during the permissible hours. Formatted: Indent: Left: 1", No bullets or numbering fFormatted: Indent: Left: 1" H. Events .ranted S.ecial Event .ermits or Courtes Event .ermits b Title.., 10, Chapter 4, or section 6-5-7 of this code, Formatted: Indent: Left: 0.5", Space After: 0 pt, Line spacing: single Formatted: Font: (Default) Arial, 12 pt, Font color: Auto Formatted: Indent: Left: 0.5", Font Alignment: Baseline l Formatted: Font: (Default) Arial, 12 pt, Font color: Auto Formatted: Font (Default) Arial, 12 pt, Font color: Auto Formatted: Font: Not Hidden Prepared by: Crenna M. Brumwell, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 589-4381 ORDINANCE NO. -18 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. 1. Reasonable sounds emanating from sanctioned sporting events conducted on the grounds of a Dubuque public or parochial school or college campuses within a sports stadium between the hours of 9:00 a.m. and 10:00 p.m. Sunday through Thursday, 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. For purposes of this section Sanctioned sporting events are described as competitive matches between teams from different institutions. Sanctioned sporting events includes one-hour prior to the event and one half-hour after the event. Sports team practices and intramurals are not considered sanctioned sporting events under this code. 2. Reasonable sounds emanating from musical instruments of marching bands or other musical teams, without electronic amplification, engaged in performance or practice, conducted on the grounds of a Dubuque public or parochial school or college campuses between the hours of 9:00 a.m. and 10:00 p.m. Sunday through Thursday, and 9:00 a.m. and 12:00 (midnight) on Friday and Saturday. 3. Nothing in this section shall be read to prohibit a public-address announcer at events during the permissible hours. 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 o , 2018. Roy D. Buol Attest: Kevin S. Firnstahl, City Clerk Mayor 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. 1. Reasonable sounds emanating from sanctioned sporting events conducted on the grounds of a Dubuque public or parochial school or college campuses within a sports stadium between the hours of 9:00 a.m. and 10:00 p.m. Sunday through Thursday, 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. For purposes of this section Sanctioned sporting events are described as competitive matches between teams from different institutions. Sanctioned sporting events includes one-hour prior to the event and one half-hour after the event. Sports team practices and intramurals are not considered sanctioned sporting events under this code. 2. Reasonable sounds emanating from musical instruments of marching bands or other musical teams, without electronic amplification, engaged in performance or practice, conducted on the grounds of a Dubuque public or parochial school or college campuses between the hours of 9:00 a.m. and 10:00 p.m. Sunday through Thursday, and 9:00 a.m. and 12:00 (midnight) on Friday and Saturday. 3. Nothing in this section shall be read to prohibit a public-address announcer at events during the permissible hours. H. Events granted Special Event permits or Courtesy Event permits by Title 10, Chapter 4, or section 6-5-7 of this code. Kevin Firnstahl From:Citizen Support Center <dubuqueia@mycusthelp.net> Sent:Tuesday, August 07, 2018 7:57 AM To:Kevin Firnstahl Subject:"Contact Us" inquiry from City of Dubuque website Contact Us Name: tim doser Address: 1440 altura drive Ward: Phone: Email: tdoser@aol.com City Department: City Council Message: Mr. Mayor and Council Members, Regarding the subject of excessive noise emanating from the sports venues in the City of Dubuque: I live a mile from Senior High School. Although I can hear the public address system, it is not loud enough to bother me. However, I have often wondered how the residents in the vicinity of the school could tolerate the volume of noise. I certainly sympathize with them. And how can the students at Clarke University study? As for the argument that the complaint has come from only a few people, I suspect that there are many more residents that object to the noise, but feel that their complaints would be met with strong opposition of sports fans, and therefore remain silent. Limiting the hours for the noise is the least the city council can do. Also, I see no reason why the P.A. has to be at such a high volume. Thank you for addressing this issue. Please do what you can to keep this a peaceful city. Tim Doser Click here to report this email as spam. 1