In October of 2019, a Flagstaff resident emailed the Mayor and Council to express his concerns about unnecessary noise pollution. The resident specifically pointed out a concern about vehicles equipped with “intentionally loud automobile mufflers” and went on to say “I can't count the number of times that I have been assaulted by blasts of noise from cars spewing their deep and threatening engine vibrato.  Their abuse can be heard, even felt, from blocks away”.
 
This email was followed up by a petition to the Flagstaff City Council containing 29 signatures titled “Intentional Noise Pollution”. This petition requested the city council consider the effects of noise pollution on the quality of life in Flagstaff. It asks the council to address the unnecessary noise created when drivers intentionally modify a vehicle for the sole purpose of increasing their noise footprint.
 
These concerns were presented to council during the June 1, 2021, regular council meeting. After the presentation the council voted to have an ordinance drafted to address nuisance noise.

An Ordinance was presented to Council on September 21, 2021. At the conclusion of that discussion Council requested a work session to further discuss a possible Ordinance.

Since that time citizens have additionally expressed concerns both to the Flagstaff Police Department and the Flagstaff City Council about loud noise emanating from businesses and causing disturbances in residential neighborhoods.  This proposed ordinance not only addresses vehicle noise, it also addresses nuisance noise in residential, business, and commercial zones. It will be a valuable tool in addressing nuisance noise complaints and provide for an objective means to measure the noise to determine if there is a violation.

Staff from the Police Department, as well as the City Attorney’s Office, have looked at several nuisance noise ordinances from municipalities in Arizona. Most municipalities have ordinances restricting nuisance noise in certain zoning districts to a specific decibel level during specific daytime and nighttime hours. There are similar restrictions for vehicle noise, dependent on weight and speed of the offending vehicle. These ordinances were used as a basic template to create the attached draft ordinance.

The proposed Ordinance will apply to nuisance vehicle noise as well as noise from other sources. For example: loud music from bars or restaurants.

With regards to any financial impact this Ordinance will bear on the City of Flagstaff if passed: If the council approves the amendments to City Code 6-08-01-02, there will be a need to purchase the proper sound level meters necessary for enforcement. In addition, enforcement personnel will need to attend the necessary training to become certified in the meter’s use. Certification and continued recertification in the use of a class 2 decibel meter would be necessary for the police officer or code enforcement officer to testify in court.

Each person operating the sound level meter for enforcement would need to receive initial training/certification and continued recertification prior to its use. Currently, a five-day Community Noise Enforcement Certification Course is offered by Rutgers at the Rutgers Noise Technical Assistance Center (RNTAC). This training is offered in a WebEx (online) format. The cost for attending the certification training is $625. The recertification class, which is required every 24 months, is $325.

Additional information can be found at: https://envsci.rutgers.edu/rntac/schedule.html.

Our plan is to train one of our patrol lieutenants, all five officers who are assigned to our traffic enforcement squad, and three officers on each of our eight patrol squads for a total of 30 personnel out of the 70 officer positions that are specifically assigned to patrol. The training currently costs $625 per person.  

For the above planned 30 Officers to attend the training, the training cost will be $18,750.00.

If we train the Lieutenant, five motor officers and only two officers from each of our eight patrol squads, the training cost will be $13,750.00
 
We will need to purchase 30 sound level meter kits (containing a meter, wind screen and calibrator) at $930 per unit for a material cost of $27,900.00 (or 22 sound level meter kits at two officers per patrol squad for a material cost of $20,460.00).
 
The officers are required to re-cert every 2 years at accost of $325 per re-certification. 

Due to officer attrition, we will be asking for line item to conduct re-certifications and additional certifications (for new officers) as we replace officers who leave.  Our best estimate is that this yearly cost will be $5,000 - $10,000.

Currently, there is no money budgeted for purchase of the class 2 decibel meter(s) or the required training. A budget request will need to be made to cover the cost of equipment and training for enforcement of this ordinance.