Regular 3.
Regular City Council Meeting
- Meeting Date:
- 11/25/2019
- TITLE
- Noise Ordinance Amendments
- PRESENTED BY:
- Brent Brooks
- Department:
- Legal
Presentation:
Yes
PROBLEM/ISSUE STATEMENT
During the past twenty four months the City Council has studied the City's current noise ordinances. This study included presentations from staff concerning various issues and proposed amendments on September 25, 2017, April 16, 2018, May 14, 2018 and September 17, 2018. These presentations included discussion on various noise issues and proposed amendments. During the April 16, 2018, work session staff recommended that a professional consultant be retained to study the City's noise ordinances, prepare a report and present recommendations to the Council at a work session. The Council concurred with this recommendation and directed staff to proceed.
During early summer of 2018 the City retained Dan Autenrieth, Ph.D, Assistant Professor and Industrial Hygiene Program Manager within the Montana Tech Safety, Health and Industrial Hygiene Department, to evaluate the City's noise ordinances and report his findings/recommendations to the Council. Dr. Autenrieth prepared his report which was also posted on the City's website and a public comment period on the report was provided. A copy of this report is attached to this memorandum as Attachment A. Dr Autenrieth presented his evaluation and recommendations to the Council during the September 17, 2018, Council works session, a pdf format of the PowerPoint (PPT) presented by Dr Autenrieth during this work session is attached to this memorandum as Attachment B. Dr. Autenrieth's report and PPT contain how and what he studied, including public comment, and his recommended changes to the City's current noise ordinances.
As a result of the September 17, 2018, presentation Council directed staff to prepare the recommended amendments to the noise ordinances. The goal was to bring those amendments back to the Council for consideration during the first half of calendar year 2019. During early 2019 staff consulted and collaborated with Dr. Autenrieth in drafting the proposed amendments to the noise ordinance. The proposed amendments included Dr. Autenrieth's recommended changes which were presented to the Council during a First reading and Public hearing on June 10, 2019.
During early summer of 2018 the City retained Dan Autenrieth, Ph.D, Assistant Professor and Industrial Hygiene Program Manager within the Montana Tech Safety, Health and Industrial Hygiene Department, to evaluate the City's noise ordinances and report his findings/recommendations to the Council. Dr. Autenrieth prepared his report which was also posted on the City's website and a public comment period on the report was provided. A copy of this report is attached to this memorandum as Attachment A. Dr Autenrieth presented his evaluation and recommendations to the Council during the September 17, 2018, Council works session, a pdf format of the PowerPoint (PPT) presented by Dr Autenrieth during this work session is attached to this memorandum as Attachment B. Dr. Autenrieth's report and PPT contain how and what he studied, including public comment, and his recommended changes to the City's current noise ordinances.
As a result of the September 17, 2018, presentation Council directed staff to prepare the recommended amendments to the noise ordinances. The goal was to bring those amendments back to the Council for consideration during the first half of calendar year 2019. During early 2019 staff consulted and collaborated with Dr. Autenrieth in drafting the proposed amendments to the noise ordinance. The proposed amendments included Dr. Autenrieth's recommended changes which were presented to the Council during a First reading and Public hearing on June 10, 2019.
During the June 10, 2019, First Reading and Public Hearing the Council decided to appoint a Council Committee to further study the noise ordinance, especially on the issue of stadium sound systems and exemptions from the established noise level limits allowed for certain specific activities. See new section 17-105, pages six and seven in the attached noise ordinance. Mayor Cole and Council Members Gibbs, Cromley, Yakawich and Neese were appointed by the Council as members of the Committee. The Committee met three times on July 15, August 7 and October 24, 2019, and discussed suggested changes which have been incorporated into the draft ordinance. Public comment from interested persons and stakeholders was received on various portions of the noise ordinances during these meetings as well as committee discussions with Dr Autenrieth by conference call during the July 15 meeting. As a result of these meetings the Mayor and Committee is recommending the draft noise ordinances attached to this staff memorandum.
A brief summary of the major proposed amendments based upon previous Council discussions and directions along with the Committee’s recommended changes will be discussed with the Council during the staff presentation on this item.
ALTERNATIVES ANALYZED
City Council may:
- Approve the proposed amendments to the current noise ordinances, or,
- Make additional or different amendments, or,
- Disapprove the proposed amendments
FINANCIAL IMPACT
There will be some training required of Billings Police officers however this training will be provided by Dr. Autenrieth and Montana Tech graduate students at a nominal cost.
RECOMMENDATION
Staff recommends that the Council hold a public hearing on First Reading and approve the amendments proposed by the Council’s Noise Committee which also include previous amendments presented during the June 10, 2019, Regular meeting.