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Code of Ordinances Amendment - Title 6 Prohibited and Exempt Noises (FINAL Reading) Copyrighted September 17, 2018 City of Dubuque Action Items # 5. ITEM TITLE: Code of Ordinances Amendment- Title 6 Prohibited and Exempt Noises (Final Reading) 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 5 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 - City Attorney Staff Memo Staff Memo - Police and Health Depts. Staff Memo Ordinance Section 6-5-1 Ordinance Ordinance Section 6-5-3 Ordinance 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 CITY OF Dubuque �" ui���neoc�ry DUB E '�II�;' Masterpiece on the Mississippi �°°'��°'� 2013 2017 CRENNA M . BRUMWELL , ESQ. CITY ATTORNEY To: Mayor Roy D. Buol and City Council Members Dare: August 16, 2018 Re: Noise Ordinance Proposed at August 6, 2018 City Council Meeting At the August 6, 2018 City Council meeting amendments to two (2) provisions of the City Code related to noise were considered. The provisions are captioned: 1) Prohibited Noise; and 2) Exempt Noise. The discussion regarding the proposed changes was robust and focused on the exempt noise provision. There were multiple options discussed by the City Council. The items for which I believe there was consensus included: 1) Correcting a typo to read Sunday through Thursday (the provided version listed Monday through Friday); and 2) Changing the exempt time frame for bands and musical performances to 7:00 a.m. to accommodate marching band practice. There were a number of other suggestions mentioned, including, but not limited to: 1) Removing the prohibition on amplified music at sports practices and intramurals; 2) Clarifying what amplified noise means; and 3) Authorizing music so long as it isn't put through a public-address system. I did not interpret any of these options to have consensus from the City Council. A first reading of the ordinance with the two (2) changes referenced above was done and passed. The ordinances are scheduled for the August 20, 2018 agenda with the typo and time change shown in a redline format within the Exempt Noise ordinance for a second reading. However, staff discussion after the August 6, 2018 City Council meeting resulted in the suggestion of some additional changes to remove references to the special event permit process. Staff recommends this as noise is already addressed within the special event ordinance and the packet of materials given to those applying for a special event permit. With this additional change it is my recommendation the City Council abandon the 2"d reading of the originally proposed ordinance. The very next agenda item will then be the prohibited noise and exempt noise ordinances incorporating the original changes, City Council suggestions, and the recent staff change related to special events. 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 CMB:jmm cc: Michael Van Milligen, City Manager Mark Dalsing, Chief of Police Mary Rose Corrigan, Public Health Specialist 2 Police Department Dubuque Law Enforcement Center Dubuque 770 lowa Street THE CITY OF � P.O. Box 875 IIIFIIneMe�City Dubuque, IA 52004-0875 D�� � ������� Office (563)589-4410 Fax(563)589-4497 TTY(563)583-1711 2007•2012 E-mail: police@cityofdubuque.org MGiSteY�112Ce 011 t�le MiSS1SS1p�'II zois•zoi� www.cityofdubuque.org August 13, 2018 TO: Michael C. Van Milligen City Manager FR: Mark M. Dalsing Chief of Police Mary Rose Corrigan Public Health Specialist RE: Noise Ordinance INTRODUCTION This memo will discuss some issues related to proposed ordinance changes. BACKGROUND On August 6, 2018, the Dubuque City Council approved the first reading of changes to sections 6-5-1 Prohibited Noises, and 6-5-3 Exempt Noises. This memo will address some issues discussed during the City Council meeting. DISCUSSION Under the proposed changes, noise emanating from stadiums during sporting events and musical performances and musical practices would become exempt noises with set times. As written, the noise exemption would not cover sports practices or intramural athletics. The exemption times originally proposed were 9:00 am through 10:00 pm, Sunday through Thursday, and 9:00 am through Midnight on Friday and Saturday. These hours/dates were selected for this new section as they are the hours/dates already established in the Outdoor Music and Amplified Noise section of the code. 1 of 3 Council proposed adjusting the suggested start time to 7:00 am for musical practices, due to practices occurring before school starts. 7:00 am was the time approved during the first reading. Several activities listed in the current ordinances have different start times, including construction noise, pile drivers, refuse collection, and lawn mowing. The hours vary by activity and day of the week. The earliest permitted noise is refuse and recycling collection at 6:00 am. Some construction may start at 7:00 am except on weekends when it may start at 9:00 am. Most permitted noises are 8:00 am or 9:00 am. It was discussed that the earlier start time could go through the variance or special event process. Because the early practices would be regular occurrences, they would not meet the criteria for a special event. Existing code also already restricts outdoor music and amplified noise, so this is not a change or addition. We are simply referring to the existing amplified noise prohibition in the new code section on musical performances and musical practices. A codified noise exemption does not give free rein to make noise. The opening words in the ordinance state, "Reasonable sounds emanating..." meaning that those making the noise must remain reasonable. The reasonableness is subjective and based upon what a reasonable person would believe. So, if the noise is excessive, it can be enforced on, even if it is exempt. It will depend on the views of a "reasonable" complainant and the findings of the enforcing personnel. Case law has determined that police officers generally cannot be complainants on noise that results in "public disorder," or, "disturbing the peace," and that it must come from a member of the public, so officers generally can't act on these without a complaint. The same standard would apply for prohibited noises. Just because a noise is prohibited, police will generally need an outside complaint to act. For the current discussion, this would be if a game or practice extended beyond the codified hours, or if amplified music was used. Unless there would be an outside complaint, police generally would not act, and if there was a call for service, the officers would look at the reasonableness of the entire situation. There was a discussion on why 6-5-1 Prohibited Noises, subsection L: Loud, Unnecessary or Unusual Noise, could not be used to enforce on stadium noise and eliminate the need for the new code sections. This section has existed for some time and is one of the base noise ordinances used for enforcement. The existing code is generally effective, but makes no allowances for stadiums and their natural uses, and these limitations are what led us to creating the code changes. There was a brief discussion about 6-5-1 Prohibited Noises, Subsection A: Horns, Signaling Devices. Council discussion covered the fact that railroads are covered under federal statutes and that railroads have their own special challenges. Local 2of3 governments are also often preempted from adding additional rules for railroads. As a matter of clarification, the above section would not apply, as the ordinance specifies vehicles, and trains are not considered motor vehicles under lowa law. City staff are doing more research on train noise. CONCLUSION The proposed ordinance changes were created to give officers direction on noise from stadiums. The existing code neither prohibited or allowed stadium noise, thus lumping stadiums in with all other noises and putting officers between the universities, colleges and schools who are using the facilities as intended, and the neighbors wishing to enjoy their properties. The proposed ordinance does not answer every question or scenario, but goes a long way in giving objective direction to our officers. For issues not explicitly addressed in the ordinance, officers will have to fall back on other ordinances, the reasonableness of complaints, and hopefully on the cooperation of the parties involved. City Attorney Brumwell, Public Health Specialist Mary Rose Corrigan, and I will be at the upcoming City Council meetings to address any questions on this issue. ACTION REQUESTED This is an information memo and no action is requested. cc: Crenna Brumwell, City Attorney Mary Rose Corrigan, Public Health Specialist 3of3 Prepared by: Crenna M. Brumwell, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 589-4381 ORDINANCE NO. 34-18 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 ofnormalsensitivities. 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 merchandise, 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) RM., 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. 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 bud 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) RM. 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 17th day of September 2 8. Attest: Kevin``S. Firnstahl, City Clerk a0Z, Roy D. Bud, Mayor 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. STATE OF IOWA {SS: DUBUQUE COUNTY CERTIFICATION OF PUBLICATION I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: September 21, 2018, and for which the charge is $63.84. to before me, a this 2S day o -sem ail, Lary Public in and for Dubuque County, Iowa, , 20 /8 Notary Public in and for Dubuque County, Iowa. ARY K WESTERMEYER rammission Number 154885 My Commission Exp. Feb. 1, 2020 OFFICIAL PUBLICATION ORDINANCE NO. 34-18 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 6 HEALTH, HOUSING, SANITATION AND EN- VIRONMENT, CHAP- TER . • ; 5 NOISES, SECTION 6-5-1 ` PRO- HIBITED 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 Ordi- nances is , hereby amended to read as follows: 6-5-1: PROHIBITED NOISES:' No person shall cause or permit any loud and excessive noise that re- sults in annoyance or discomfort to a reason- able person of normal sensitivities. Without limiting or precluding enforcement of any other provision of this chapter or this code, the following are here- by prohibited: A. Horns, Signaling Devices: The sounding of any horn or signal- ing device such as that on any automobile, mo- torcycle, bus or other vehicle on any street or public place of the city, except as a danger warning, or the sound- ing 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 residen- tial uses. However, this subsection shall not be construed to prohibit the selling by outcry of merchandise, food and beverages at licensed sporting ; events, pa- rades, fairs, circuses and: other similar' li- censed ' public enter- tainment 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; ani- mal or fowl otherwise permitted to be kept which, by any sound or cry, shall annoy- ance 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 load- ing or unloading,d0y 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 ad- jacent to any school, institution of learning, church or court while same is in use, or adja- cent to any hospital, which unreasonably in- terferes with the work- ings of such institution, or . which disturbs or unduly.annoys. patients in the hospital. F. Construction: The creation' of any loud or excessive noise result- ing from erection,"ex- I cavation, demolition, alteration or repairs re- lated to any structure, infrastructure, or build- ing except between the hours of seven o'clock (7:00) A.M.'and ,'eight, o'clock ` (8:00) P.M.,° Monday through"Fri- day, and nine o'clock (9:00); A.M. and six o'- clock (6:00):P.M. on Saturday and Sunday. G: Pile Drivers, Pneu- matic ''Hammers: The operation of any . pile driver, pipe ramming, pneumatic hammer, or similar construction equipment, except be- tween ` 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 effec- tive muffling device. H. Refuse Or Recy-1 'clables Collection: The collection of garbage, trash, refuse y or 'rec = clables in any area zoned residential ex- cept 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 per- mitted, only in a rnan- ner so as not to create Iia loud or excessive noise. I. Vehicle Repairs: The ,creation of loud and excessive noise result- ing from the repair or rebuilding of any motor 'vehicle within any resi- ' dential 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 man- ner that[a reasonable person of normal sensi- tivities residing in the area will, not be caused lege campuses. discomfort or annoy- Section 2. This Ordi- ance. nance shall take effect J. Exhausts: The dis- upon publication. charge into the open . Passed, approved, air, of the exhaust of I and adopted this 17th any engine, including a day of September•2018. steam engine, internal /s/Roy D. Buol, Mayor'', combustion " engine, Attest: /s/Kevin S. motorboat or motor ve- Firnstahl, City Clerk hicle or the discharge Published officially in of air or other gases the Telegraph Herald except through a mut, on the 21st of of fler or other device September2018. that. will effectively /s/Kevin S. Firnstahl, prevent loud or explo- City Clerk sive noises therefrom. it 9/21 K. Stationary Machin- ery, 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: Not- withstanding any other provision`. of this chap- ter or code, and in ad- dition thereto, it shall be unlawful for any 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 Fri- day 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 per- son making or causing to, make such music or noise knows or reason- ably should know the music or noise would disturb the peace of a reasonableperson; or 2. During the course of sport team and in- tramural practices con- ducted on the grounds of a Dubuque public or parochial school or col - person to make or con- tinue or cause to be 'I made or continued any loud, unnecessary, or unusual .'noise which disturbs the peace or quiet of any neighbor- hood or which causes s. discomfort or annoy- ance to any reasonable person of normal sensi- tivities. M. Outdoor Music Or Amplified Noise: 1. The making or con tinuing to make any outdoor music or am- plified 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'- > I clock (9:00), A.M. on Tuesday, ten, o'clock (10:00) P.M. on Tues- day 'and nine o'clock (9:00) on Wednes- day, ten o'clock' (10:00) P.M. on Wednesday !i and nine o'clock (9:00) Prepared by: Crenna M. Brumwell, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 589-4381 ORDINANCE NO. 35-18 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 or university 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. 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 or university campuses between the hours of 7:00 a.m. and 10:00 p.m. Sunday through Thursday, and 7:00 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. Section 2. This Ordinance shall take effect upon publication. Passed, approved, and adopted this 17th day of September 20 Attest: Kevin S. Firnstahl, City Clerk /ko D. Buol, 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 Sportinq Events. 1 . Reasonable sounds emanatinq from sanctioned sportinq events conducted on the qrounds of a Dubuque public or parochial school or colleqe or universitv campuses within a sports stadium between the hours of 9:00 a.m. and 10:00 p.m. Sundav throuqh Thursdav, and 9:00 a.m. and 12:00 (midniqht) on Fridav and Saturday. 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 or universitv campuses between the hours of 7:00 a.m. and 10:00 p.m. Sundav throuqh Thursday. and 7:00 a.m. and 12:00 (midniqht) on Friday and Saturday. 3. Nothinq in this section shall be read to prohibit a public-address announcer at events durinq the permissible hours. 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 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. STATE OF IOWA {SS: DUBUQUE COUNTY CERTIFICATION OF PUBLICATION I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: September 21, 2018, and for which the charge is $41.72. Subscribed to before me, a , otary Public i and for Dubuque County, Iowa, ,20 /f . thisd1' day o r Notary Public in and for Dubuque County, Iowa. a7-71 AARY KW RMEY Commission Number 154885 My Commission Exp. Feb.1, 2020 OFFICIAL PUBLICATION ORDINANCE NO. 3548 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 6 1 HEALTH, HOUSING,` SANITATION AND EN- VIRONMENT, CHAP- :I TER 5 NOISES, SEC- TION 6-5-3 EXEMPT 'I NOISES NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: r Section 1. Section 6-5- 3 of ' the City of Dubuque Code of Ordi- nances is hereby amended, to read as follows: 6-5-3: EXEMPT NOIS- ES: The., following noises are exempt from = the provisions of this chap- ter:' A. Emergency Opera- tions: Emergency short term operations that are necessary to pro- tect the health and welfare of the citizens, such as emergency utility and street re- pair, fallen tree re- moval or emergency fuel oil delivery, shall beexempt from the prohibition )of section 6-5-1 of this . chapter; provided, that reason- able steps shall be tak- en by those in charge of such operations to minimize noise ema- nating from the same. B. Noise Required By LawrThe+prohibition of section 6-5-1 of this chapter shall not apply to any noise required specifically by law for the protection or safe- ty of people or proper- ty. ' C. Lawn Mowers, Gar- den Tools: Powered equipment, such as lawn mowers, "'small lawn and garden tools, riding tractors and', snow removal equip- ment that is necessary for the maintenance of'. property, if kept in good repair and main- tenance, shall be ex-,, empt from the prohibition of section 6-5-1 of this chapter. No person shall oper- ate ' such equipment, however, with the ex- ception , of snow re- moval equipment, ex cept between the hours of eight o'dlock (8:00) A.M.. and sunset, Monday through Fri- day, and nine o'clock (9:00) A.M. to sunset, Saturday and Sunday. D. Residential Air Con- ditioners: Noise emit- ted 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 prohi- bition of this chapter. F. Bells, Chimes: Bells, chimes and similar de- vices that signal the time of day and oper- ate 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 sanc- tioned sporting events conducted on the grounds of a Dubuque public or parochial school or college or university 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 `; (mid- night) on Friday and Saturday. For purposes of this section Sanc- tioned sporting events are described as com- petitive matches be- tween 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 `intramu rats are not considered sanctioned sporting events under this code. 2. Reasonable sounds emanating from musi-" TelegraphHerald.c cal instruments of marching bands or oth- er musical teams, with- out electronic ampli- fication, engaged in performance or prac- tice, conducted on the grounds of a Dubuque public - or parochial school ` or college or university campuses between the hours of 7:00 am. and ';10:00 p.m. Sunday through Thursday, and 7:00 a.m. and 12:00 (mid- night) .. on Friday and Saturday. 3. Nothing in this sec- tion shall be read to prohibit a .public -ad dress" announcer at events during the per- missible hours. Section 2. This Ordi- nance shall rdi-nance`shall take effect upon publication. Passed, approved, and adopted this 17th day I of September 2018. /s/Roy D. Buol,.Mayor Attest: /s/Kevin S. Firnstahl, City Clerk Published officially in the Telegraph Herald on the , 21st ofof September 2018. '. /s/Kevin S. Firnstahl, City Clerk it 9/21 Kevin Firnstahl From:Citizen Support Center <dubuqueia@mycusthelp.net> Sent:Monday, August 06, 2018 11:19 AM To:Kevin Firnstahl Subject:"Contact Us" inquiry from City of Dubuque website Contact Us Name: Thomas Hoelscher Address: 780 ANGELLA ST Ward: 4 Phone: 5635815987 Email: tomhoelscher@gmail.com City Department: City Council Message: I received an e-mail from the city attorney this morning in response to my previous e-mail. She clarified that the new ordinance would prohibit sport teams from playing loud music during their practices. This was very good news. I confess I read it wrong expecting the worse. I would ask the council to support this change. I appreciate being heard Respectively, Tom Hoelscher Click here to report this email as spam. 1 Kevin Firnstahl From:Citizen Support Center <dubuqueia@mycusthelp.net> Sent:Sunday, August 05, 2018 8:17 PM To:Kevin Firnstahl Subject:"Contact Us" inquiry from City of Dubuque website Contact Us Name: Thomas Hoelscher Address: 780 ANGELLA ST Ward: 4 Phone: 5635815987 Email: tomhoelscher@gmail.com City Department: City Council Message: Council Members, This message concerns the proposed change to the Noise ordinance. This change effectively allows sports teams to play background Music/Noise during their practices. On a given day, the football team can play music throughout their 3 hour practice, followed by the mens 3hour soccer, followed by the womens, 3 hour practice followed by the LaCross team practice. Currently only the Loras football team uses loud background music at their practices. I was hoping to be able to mitigate this problem with the athletic Director. Passing this ordinance change now does not give me hope things will change for better and will only get worse. As neighbors to a college campus we are generally able to take the good with the bad. We know when there is a game there will be music and announcing. We have learned to live with that. I hope the council members will not pass this ordinance as written and allow more input and maybe even stop by to hear just how bad it can get if adjustments are not made by the schools. Thank you for your time. Tom Hoelscher Click here to report this email as spam. 1