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Regular   6.
Regular City Council Meeting
Meeting Date:
09/25/2017
TITLE
Amendments to City Noise Ordinances
PRESENTED BY:
Brent Brooks
Department:
Legal
Presentation:
Yes

PROBLEM/ISSUE STATEMENT

Pursuant to a Council Initiative by Council Member McFadden, the City Administrator Tina Volek formed an internal staff committee to review and draft recommended revisions to the City's current noise ordinances. Staff met several times to discuss current issues/problems and is providing revisions based on those discussions. City Administrator Volek also submitted the proposed revisions to the Development Process Advisory Review Board (DPARB) for its members to review and comment. DPARB consists of several members from the development community including an engineer, architect, realtor, contractor, utility representative and internal city staff members from Planning and Public Works Departments. No changes were suggested by DPARB. The Yellowstone Tavern Owners Association is also currently reviewing the proposed changes to the ordinances and will provide comments to staff. There are two major changes. The first change concerns time limits on outdoor events that are either exempt under the Billings, Montana City Code, Section 17-105 or have obtained a waiver from the City's noise regulations under Section 17-107.  These time limits are listed in Section 3 in the attached ordinance amendments and are provided here as well as follows:

Sec. 17-104  Hours of Authorized Outdoor Events
 Events exempted from noise level regulations pursuant to Section 17-105 or granted a waiver pursuant to Section 17-106 shall conclude in accordance with the location and times listed below:
Central Business District (CBD) and East Billings Urban Renewal District (EBURD):
Ten (10) O’clock p.m. Sunday Through Thursday
Eleven (11) O’clock p.m. Friday and Saturday
 
Outside The Central Business District:
Nine (9) O’clock p.m. Sunday through Thursday
Ten (10) O’clock p.m. Friday and Saturday
 
The second major change is limiting the number of events where a waiver of the noise regulations may be granted. This new, underlined language is found in Section 6 (17-107 Waiver) of the attached Ordinance and provides in part as follows:

The city administrator may designate representatives from police, parks, building, and engineering to review and grant waivers under this section by administrative order. Each day of an event shall require a separate approved waiver. Except for public construction projects, no more than four waivers may be granted involving the same location within twelve (12) months. Events occurring in the Central Business District (CBD) and East Billings Urban Renewal District (EBURD) shall be exempt from this limit

There are other minor changes to the noise ordinances as shown by underlines and strike-throughs on the attached Ordinance.


 

ALTERNATIVES ANALYZED

City Council may:
  • Approve the Ordinance amending the City's noise regulations on First Reading and Public hearing; or,
  • Not Approve the Ordinance, or
  • Provide further direction to staff.

FINANCIAL IMPACT

There is no financial impact to the City should the changes be approved by the Council.

RECOMMENDATION

Staff recommends that the City Council conduct a public hearing and approve the attached ordinance amendments on First Reading.

APPROVED BY CITY ADMINISTRATOR

Attachments