Noise Ordinance

Noise Ordinance

Councilor Keenan Supports Stricter Noise Ordinance

Ward 6 Councilor McNamee introduced a city-wide noise ordinance that set decibel limits ranging from 55 during the night to 67 during the day. The Council's Ordinance Committee held a public hearing and additional meetings as it considered the matter, with Councilor McFarland proposing an increase in the allowable noise levels to 75 for days and 65 for nights. Councilor Keenan voted against the McFarland amendment, but the amendment nonetheless passed. In an effort to ensure that an ordinance was in place for the summer, the Council voted 9 to 0 to pass the amended ordinance.

Mayor Koch did not sign the ordinance, but rather returned it to the City Council for further consideration. The Council voted 5 to 4 to reconsider the matter. Councilor Keenan at that time introduced an amendment that would establish three different time periods: a day period from 7:00 a.m. to 5:00 p.m., an evening period from 5:00 p.m. to 11:00 p.m., and a nighttime period. from 11:00 p.m. to 7:00 a.m. Monday through Friday, and 11:00 p.m. to 9:00 a.m., weekends and holidays. The decibel levels for the periods were consistent with the lower levels originally introduced by Councilor McNamee, with the levels as follows:

Maximum Allowable Noise Levels (dBA) for Receiving Noise Areas
	Daytime	Evening	Nighttime
Non-residential noise area	67	64	62
Residential noise area	65	60	55

Councilor Keenan's amendment also provided that during the first ninety (90) days following passage of the ordinance, enforcement would consist of a response to a noise complaint, documentation of the complaint and measurement of noise. The required documentation would include, but not be limited to, recording the name and address of the complainant, recording of noise levels, recording of the date, time and place of the complaint and point of noise measurement, and a recording of general weather conditions. The noise committee, established as part of the original ordinance, would be required under Keenan's amendment to meet in September and review the data collected during the summer. If the decibel levels had to be raised or lowered, they would so recommend to the Mayor and the City Council. Enforcement during the first ninety (90) days following passage of the ordinance would be limited to the issuance of written warnings and the issuance of a corrective order, if deemed necessary by the Department of Inspectional Services and/or the Police Department. After the first ninety (90) days following passage of the ordinance, a single fine of $100 per day would be assessed upon the violation of any section of the ordinance, as originally proposed by Councilor McNamee.

Councilor Keenan's amendment was passed on a 5 to 4 vote. The ordinance, as amended, had to be advertised prior to final passage. When the matter came up for a vote on passage at a special meeting of the City Council on June 29, 2009, what had been a 5 to 4 vote in favor of the ordinance as amended by Councilor Keenan, became a vote of 4 in favor of the amended ordinance, with 5 opposed. The ordinance as amended did not pass. After the vote, the meeting was quickly adjourned, with the result being that the City is without a noise ordinance for the summer.

Councilor Keenan favored the lower noise levels, viewing them as threshold levels to be used while noise data was collected during the summer. With enforcement to consist, during the first ninety days, of data collection, noise warnings, and corrective action, he felt that the ordinance accomplished its intended purpose while providing for an adjustment in September, if necessary. Keenan stated that ultimately the goal was to find the balance between the business interests and residents.