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HomeMy WebLinkAbout1170_Noise_Part 10 Chapter 3 Chapter 10CITY OF OWASSO, OKLAHOMA ORDINANCE NO. 1170 AN ORDINANCE RELATING TO PART 10, OFFENSES AND CRIMES, CHAPTER 3, OFFENSES AGAINST THE PUBLIC, OF THE CODE OF ORDINANCES, CITY OF OWASSO, REPEALING VARIOUS SECTIONS, AND CREATING CHAPTER 10, NOISE; ESTABLISHING AN EFFECTIVE DATE; PROVIDING FOR SEVERABILITY; AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT, INCLUDING SECTIONS 10 -311 AND 10 -312 OF CHAPTER 3, PART 10. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA: SECTION ONE (1): Chapter 10, Noise, of Part 10, of the Owasso Code of Ordinances is hereby added, and sections 10 -1001 thru 10 -1011 are also hereby added and shall read as follows: Chapter 10 NOISE SECTION 10 -1001 LOUD, DISTURBING NOISES PROHIBITED GENERALLY It shall be unlawful for any person to create or assist in creating any unreasonably loud and disturbing noise in the city. SECTION 10 -1002 MEASUREMENT For the purpose of determining db(A)s as referred to in this article, the noise shall be measured on the A- weighting scale on a sound level meter of standard design and quality having characteristics established by the American National Standards Institute. SECTION 10 -1003 SOUNDS IMPACTING RESIDENTIAL LIFE A. It shall be unlawful to carry on the following activities in any residentially zoned area of the city: (1) The operation of construction machinery between the hours of 9:00 p.m. and 7:00 a.m. (2) The operation of garage machinery between the hours of 9:00 p.m. and 7:00 a.m. (3) The operation of lawn mowers and other domestic tools out -of -doors between the hours of 9:00 p.m. and 7:00 a.m. B. Any mechanical noise other than that regulated in subsection A which registers more than 80 db(A) at the nearest complainant's property line is a violation. C. This section shall not apply to: (1) Emergency operations designed to protect the public health and safety; or (2) Work by city crews or city contractors in a right -of -way or utility easement when the department responsible for the work has determined that it is necessary to undertake the work between the hours of 9:00 p.m. and 7:00 a.m. in order to avoid unreasonably impacting the flow of traffic or to avoid unreasonably disrupting the provision of a utility service. Ordinance 1170 Page 1 of 7 D. For purposes of this section, "construction machinery" means equipment designed to perform construction operations, and "garage machinery" means equipment generally used to repair cars or other machinery. SECTION 10 -1004 AMPLIFIED SOUND A. It shall be unlawful to: (1) Operate or allow the operation of any sound amplification equipment so as to create sounds registering at or above 65 db(A), as measured anywhere within the boundary line of the nearest residentially zoned property, other than mixed -use areas. (2) Operate or allow the operation of any sound amplification equipment so as to create a vibration or produce a rhythmic base component of music detectible within the interior of a nearby residential structure located on residentially zoned property, other than mixed use areas. (3) As to multifamily structures, including apartments, condominiums, or other residential arrangements where boundary lines cannot readily be determined, operate or allow the operation of any sound amplification equipment so as to create sounds registering 65 db(A), as measured from any point within the interior of another residential unit in the some complex or within the boundary line of the nearest residentially zoned property. (4) As to multifamily structures, including apartments, condominiums, or other residential arrangements where boundary lines cannot readily be determined, operate or allow the operation of any sound amplification equipment so as to create a vibration or produce a rhythmic base component of music detectible within the interior of another residential unit in the same complex or within the boundary line of the nearest residentially zoned property. (5) Operate or allow the operation of any sound amplification equipment in the public right -of -way, including streets or sidewalks, or in mixed -use areas with residential units, or in the public city or county controlled parks: (i) without having actual on -site possession of a permit issued by the City of Owasso; (ii) so as to produce sounds registering more than 85 db(A) ten feet or more from any electromechanical speaker; or (iii) at times other than 11:00 p.m. and 8:00 a.m. Sound amplification equipment operated pursuant to this subsection may not be located more than ten feet off the ground. In addition to the person operating or allowing the operation of sound amplification equipment in violation of this subsection, the person to whom the permit was issued must be present at the location and during the times permitted and shall be liable for any and all violations. An application for a permit pursuant to this subsection shall: (i) be submitted to the City of Owasso at least five (5) full business days before the permit time requested; and (ii) specify the proposed location of the sound amplification equipment and the date and time that the sound amplification will begin and end. Permits shall be issued on a first come, first served basis. A permit shall not be issued for a location that is within 100 feet of another location for which a permit has been issued for the some time. The use of mobile sound amplification equipment (e.g., a car radio, unless the vehicle is parked) shall be exempt from the permitting requirement of this subsection and the prohibition of (iii) in the first paragraph of this subpart, however sounds produced during the times otherwise prohibited in (iii) in the first paragraph of this subpart may not register more than 70 db(A) ten feet or more from the equipment. Sound amplification Ordinance 1170 Page 2 of 7 produced in conjunction with a special event permit shall be exempt from this entire subsection. B. The limitations on the operation of sound amplification equipment in subsection A of this section shall not apply to the operation of horns, sirens, or other emergency warning devices actually being used by law enforcement or public safety officials, or to the operation of sound amplification equipment regulated pursuant to section 10 -1005 or in accordance with a permit issued pursuant to section 10 -1006 or section 10 -1007. C. The limitations on the operation of sound amplification equipment in subsection A of this section shall not apply to religious bodies playing chimes, bells, carillons, or other religious music. D. The limitations on the operation of sound amplification equipment in subsection A of this section shall not apply to events sanctioned by schools, sports organizations, and the City of Owasso. SECTION 10 -1005 PERMITS FOR ADDITIONAL AMPLIFICATION A. Application. An application for a permit for additional amplification on private property under this section shall be submitted to the City of Owasso at least ten (10) business days in advance of the planned use. The application shall designate and provide contact information for an individual person who shall be in control of the sound amplification equipment and ensure that its use complies with the terms of the permit. Activities regulated under subsection 1004(A)(3) and section 10 -1006 shall not be eligible for an additional amplification permit under this section. B. Notice of tentative approval. Upon tentative approval, the applicant for a permit shall be responsible for giving written notice of the name, nature, date, and time period of the event, and the name of and contact information for the permit holder to the occupants of each property within 1,000 feet of the property for which the permit has been granted. The notice shall be hand delivered to each occupant or, if the occupant is unavailable, affixed to the front door of the building or business or residential unit at least 72 hours in advance of the event. The permit shall not be actually granted and issued until the applicant submits an affidavit to the City of Owasso that such notices have actually been so delivered. C. Limits on hours. Permits for additional amplification at a property, or adjacent properties under common ownership, shall be limited to 15 hours in a calendar year. Permits issued pursuant to this section may allow additional amplification only between 8:00 a.m. and 9:00 p.m. Sunday through Thursday and between 8:00 a.m. and 11:00 p.m. on Friday or Saturday. D. Sound limits. In no event shall a permit be granted which allows the creation of sounds registering more than 80 db(A) anywhere within the boundary line of the nearest residentially occupied property. E. Denial, issuance of exceptional permit. If an applicant has been denied a permit under this section and believes the denial is illegal by virtue of applicable state or federal law, they shall promptly submit a copy of the denied permit application together with a short statement of the reasons they believe they are entitled to a permit to the city manager or designee. The city manager or designee shall have the discretion to grant an exceptional permit waiving locational, time, and /or db(A) requirements, upon determination that the applicant has made a substantial showing of legal entitlement. Any such exceptional permit shall be promptly reported to the city council. Ordinance 1170 Page 3 of 7 Violation. It shall be unlawful to violate the restrictions or requirements of this section or the terms of a permit issued pursuant to this section. SECTION 10 -1006 OUTDOOR_ AMPLIFICATION AND MUSIC AT COMMERCIAL ESTABLISHMENTS A. Except in accordance with a permit issued pursuant to section 10 -1007, it shall be unlawful for any commercial establishment (including but not limited to a restaurant, bar, or nightclub) to operate or allow the operation of sound amplification equipment out of doors or directed out of doors or to allow live acoustic music out of doors or directed out of doors between 2:00 a.m. and 9:00 a.m., or in excess of 95 db(A) after 11:00 p.m., Sunday through Thursday and 2:00 a.m. on Saturday and Sunday mornings. An establishment may be cited for violating this section only if the enforcing authority determines that the sound being produced is, using a reasonable person standard and taking into consideration the day of week and time of day, unreasonably loud and disturbing to the quiet enjoyment and use of residentially occupied property. For purposes of this section, hotels, motels, other short -term accommodations shall be considered residentially occupied property. B. The decibel limits prescribed in this section shall be measured at the property line of the commercial property at which the sound is being generated. C. An establishment that has been determined to be non - cooperative pursuant to subsection 10 -1008, after two (2) violations of this section within one year after having been determined to be non - cooperative shall not operate or allow the operation of sound amplification equipment out of doors or directed out of doors or allow live acoustic music out of doors or directed out of doors for a period of 18 months after the second violation. The 18 -month prohibition shall apply to the establishment and the property on which the establishment is located. SECTION 10 -1007 PERMITS FOR LARGE OUTDOOR MUSIC FACILITIES A. For purposes of this section, a "large outdoor music facility' means a facility with a capacity of 1,000 or more persons and that offers musical entertainment at least five times a year. B. A facility that has been issued a permit pursuant to this section shall not be subject to the provisions of section 10 -1006. C. It shall be unlawful for a large outdoor music facility to violate the terms of a permit issued pursuant to this section. SECTION 10 -1008 CHRONIC COMMERCIAL AND INDUSTRIAL NOISE A. The purpose of this section is to establish a collaborative process through which the city and a business that has been identified as a chronic source of objectionable noise (i.e., "chronic noise producer ") will develop and implement a noise mitigation plan intended to bring the noise to acceptable levels. A chronic noise producer is an establishment that, because of the sound generated by or at the business, is an annoyance to adjacent or nearby residences, lodgings, schools, businesses, or other places where people may congregate with a reasonable expectation of undisturbed activity. A business may be a chronic noise producer without having violated this article. B. The Chief of Police (or designee) may designate a commercial or industrial business as a '.chronic noise producer." In making such a designation, the Chief of Police shall take into consideration the following factors: Ordinance 1170 Page 4 of 7 (1) The number and frequency of valid noise complaints; (2) The proximity and physical relationship between the business and complaining locations; (3) The severity of sound events, both observed or measured; (4) The times and days of the week of sound events; (5) The business' history of cooperation and efforts to alleviate the problem; and (6) The history and context of the location, including whether the sound producing activity predates the occupation of the complaining locations and whether the sound producing location is located in what is generally recognized as an entertainment area. Upon designation, the Chief of Police shall inform the business that it has been designated a chronic noise producer and refer the business to the City Manager or designee along with the information that established the basis for the designation. C. Upon receiving a chronic noise producer referral, the City Manager or designee shall schedule a mandatory initial meeting with the business that it has been designated a chronic noise producer. At the initial meeting, the City Manager or designee and the business shall review the information that formed the basis for the designation and any evidence or information concerning the complained of noise provided by the business. Following the initial meeting, the City Manager or designee shall determine whether a mitigation plan is warranted. If the City Manager or designee determines that a mitigation plan is not warranted, it shall notify the business and the City Council of that determination and no further action shall be taken under this section. D. If the City Manager or designee determines that a mitigation plan is warranted, the City Manager or designee and the business shall together develop and sign a noise mitigation plan. The plan may include, among other things: (1) Restrictions on days of week or hours of noise producing activity; (2) Placement, orientation, and operation of sound producing activity or equipment; (3) Structural changes including but not limited to sound attenuation and baffling; (4) Self- monitoring and reporting requirements; (5) A schedule for implementation; and (6) A schedule for review for possible revision or termination of the plan. E. In the event that a business designated as a chronic noise producer: (i) fails or refuses to participate in good faith in the development of a noise mitigation plan; (ii) refuses to agree to a noise mitigation plan; or (iii) fails to implement or comply with an agreed to noise mitigation plan, the City Manager or designee may designate the business as non- cooperative and shall notify the business and the City Council of that determination. Should a business designated as non - cooperative cure the basis for the designation, the City Manager or designee shall remove the designation and notify the business and the City Council of that determination. F. In the event that a noise enforcement action is taken against a business that has been designated a chronic noise producer, evidence regarding the business' participation in the development and implementation of and compliance with the noise mitigation plan shall be relevant to any prosecution or administrative or judicial review or appeal of the enforcement Ordinance 1170 Page 5 of 7 action. Specifically, the business' participation and compliance shall be a mitigating factor and may, but is not required to be a justification for dismissing the enforcement action. G. Appeals. A business that has been designated a chronic noise producer or non - cooperative may appeal such designation within ten (10) days after receiving notice of such designation. Appeals shall be heard by the City Council. The appellant shall have the right to present evidence at said hearing. SECTION 10 -1009 ANIMALS It shall be unlawful for any person to own, keep or have in their possession, or harbor, any dog, other animal or bird which, by frequent or habitually howling, yelping, barking or otherwise, causes loud noises and produces seriously annoying disturbance to any person or to the neighborhood. SECTION 10 -1010 MOTOR VEHICLES It shall be unlawful to operate or allow the operation of any motor vehicle in the city (1) Which has had its muffler- exhaust and /or other noise - control equipment removed, altered or maintained in such disrepair as to create unreasonably loud and disturbing noises. (2) By engaging in jackrabbit starts, spinning tires, racing engines, or other operations which create unreasonably loud and disturbing noises. (3) Off the boundaries of a public street for racing or other operations which create unreasonably loud and disturbing noises. SECTION 10 -1011 ENFORCEMENT AND PENALTIES Where there is a violation of any section of this chapter, the city, at its discretion, may take one or more of the following enforcement actions: (1) The violator may be charged with a misdemeanor and be subject to a $500.00 fine, plus court costs. (2) A civil action seeking an injunction and order of abatement may be directed toward any person creating or allowing the creation of any unlawful noise, including the owner or person otherwise having legal or actual control of the premises from which it emanates. (3) The violator may be assessed a $750.00 fine, plus court costs for any violation of section 10 -1001 or section 10 -1006 that occurs within one (1) year after the commercial establishment has been determined to be "non- cooperative" pursuant to subsection 10- 1008(e). After two (2) such violations, the prohibition on sound amplification and live acoustic music established in subsection 10- 1006(c) shall apply. SECTION TWO (2): Sections 10 -311 and 10 -312 of the Code of Ordinances of the City of Owasso are hereby repealed in their entirety. SECTION THREE (3): SEVERABILITY If any part or parts of this ordinance are deemed unconstitutional, invalid, or ineffective, the remaining portion shall not be affected, but shall remain in full force and effect. Ordinance 1170 Page 6 of 7 SECTION FOUR (4): CODIFICATION This ordinance shall be codified in Part Ten (10), Offenses and Crimes, Chapter 10, Noise, of the Owasso Code of Ordinances. SECTION FIVE (5): REPEALER That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby expressly repealed. SECTION SIX (6): FILING OF ORDINANCE That there be filed in the office of the County Clerk of Tulsa County, Oklahoma, a true and correct copy of this Ordinance. SECTION SEVEN (7): DECLARING AN EFFECTIVE DATE The provisions of this ordinance shall become effective thirty (30) days from the date of final passage as provided by state law. PASSED AND APPROVED this 4th day of August, 2020. AW G\�y OF O ATTEST:�l SN Ff CIAL � AL Ju i hn M. Stevens, i Clerk tt( y OkI.AHOW'�' Approved as to form and legali y.' Juli ombardi, City Attorney Ordinance 1170 Page 7 of 7 WLr ekly o up CITY OF OWASSO /LEGALS Altn Julie Stevens PO BOX 180 OWASSO, OK 74055 Owasso Reporter • Sand Springs Leader Skiatook Journal Wagoner County American - Tribune OKLAHOMA WEEKLY GROUP P.O. BOX 1770 TULSA, OK 74102 -1770 Account Number 1015023 Date August 12, 2020 Date Category Description Ad Size Total Cost 08/12/2020 Legal Notices ORDINANCE NO. 1170 3 x 269.00 CL 516.48 Affidavit of Publication I, BtWI1b911�11 , of lawful age, being duly sworn, am a legal representative of the Owasso Reporter of Owasso, Oklahoma, a weekly newspaper of general circulation in Tulsa County, Oklahoma, a legal newspaper qualified to publish legal notices, as defined in 25 O.S. § 106 as amended, and thereafter, and complies with all other requirements of the laws of Oklahoma with reference to legal publication. That said notice, a true copy of which is attached hereto, was published in the regular edition of said newspaper during the period and time of publication and not in a supplement, on the DATE(S) LISTED BELOW Newspaper reference: 0000658106 08/12/2020 W N Legal Representative J s�tt en�UL atiive�t / / Sworn to and subscribed before me this date: _ V Y h 1 1 AMBER SHEL 10 ' I �' V [NOTARY PU9LIC • STATE OF OKLAHOMA My Commission expires Y COMMISSION EXPIRES SEP.11, 2023 sd REAL PwPla •REAL Chmorar • PEAL Cemmunly TO: The Honorable Mayor and City Council FROM: Julie Trout Lombardi City Attorney and General Counsel SUBJECT: Proposed Ordinance 1170 regulating noise DATE: July 31, 2020 BACKGROUND: In the fall of 2019, staff began discussions with the City Council regarding revision of the City's noise ordinances. Pursuant to Council direction, staff researched noise ordinances from other municipalities across the country and chose several that contained specificity in requirements, thoroughly addressed all aspects of noise violations and had withstood previous constitutional challenges. These ordinances were used as references in drafting the proposed noise ordinance presented for Council consideration. The proposed ordinance repeals the two current sections governing noise (10 -311 & 10 -312) in Chapter 3, Part 10, and creates Chapter 10, Noise, that regulates loud and disturbing noises. Ordinances within this chapter establish decibel regulations for various types of noise on public right -of -way and on residential or commercial property at differing times of day. Chapter 10 additionally provides a process to obtain a permit allowing sound amplification in public areas such as parks and at commercial establishments. This chapter defines a "chronic noise producer" and substantiates how a business may be designated as such. Finally, proposed Chapter 10 contains a section clearly delineating enforcement and penalties for noise violations. RECOMMENDATION: Staff recommends City Council adoption of proposed Ordinance 1170, repealing Sections 10- 311 and 10 -312 within Part 10, Chapter 3, and creating Part 10, Chapter 10, Noise, in the Owasso Code of Ordinances. ATTACHMENT: Proposed Ordinance 1170