Regular 8.
Regular City Council Meeting
- Meeting Date:
- 05/14/2018
- TITLE
- Noise Ordinance Amendments
- PRESENTED BY:
- Brent Brooks
- Department:
- Legal
Presentation:
Yes
PROBLEM/ISSUE STATEMENT
During the City Council Worksession of April 16, 2018, a brief update on the status of the City's noise ordinances was presented to the Council. Council directed staff to proceed with a Scope of Work prepared and conducted by Dan Autenrieth, Ph.d, Assistant Professor, Industrial Hygiene Program Manager, Safety, Health and Industrial Hygiene Department, Montana Tech University. Dr Autenrieth estimates his review and presentation to the Council will be ready by late August 2018. While his review is in progress, Council directed staff to proceed with minor amendments to the current noise ordinances that will assist in enforcing such ordinances. These amendments to City Code Sections 17-106 and 17-107 were briefly reviewed with the Council during the April 16, 2018, worksession update and provide as follows:
1.17-106(a): Limiting the number of waivers granted to events by allowing a maximum of four waivers in a twelve month calendar period;
2.17-106(a): Excluding the Central Business District and the East Billings Urban Renewal District from the waiver limit above;
3.17-106(c) Clarifying the timing of an appeal to the City Council after a waiver has been denied by staff;
4.17-107(a): Changing the penalty for any noise ordinance violation from a misdemeanor to a Municipal Infraction.
These amendments will allow staff to more comprehensively assess each event that requires noise waivers and will assist the Council in deciding the appeal of any denials of waivers.
1.17-106(a): Limiting the number of waivers granted to events by allowing a maximum of four waivers in a twelve month calendar period;
2.17-106(a): Excluding the Central Business District and the East Billings Urban Renewal District from the waiver limit above;
3.17-106(c) Clarifying the timing of an appeal to the City Council after a waiver has been denied by staff;
4.17-107(a): Changing the penalty for any noise ordinance violation from a misdemeanor to a Municipal Infraction.
These amendments will allow staff to more comprehensively assess each event that requires noise waivers and will assist the Council in deciding the appeal of any denials of waivers.
ALTERNATIVES ANALYZED
City Council may:
- Approve the amendments to the noise ordinance Sections 17-106 and 17-107, or;
- Disapprove the proposed amendments, or
- Make further amendments to the specific noise ordinance Sections involved here
FINANCIAL IMPACT
There is no financial impact to these ordinance amendments
RECOMMENDATION
Staff recommends that the Council approve the noise ordinance amendments on First Reading and after a Public Hearing.