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HomeMy WebLinkAboutNoise Level Ordinance (1990) - .7) • lfr , - A4/11Cy /i);9:%/71, 0S i' ''S, CIT' O RENTON 4, "LL f Office of the City Attorney t'° / Earl C ymer, Mayor Lawrence J. Warren. A R Rf` Y iT '', January 3 , 1991 jAN f.i 3 193 ,, rVEL; TO Y Renton City Council 1 V CLERK'S CFF!CE FROM: Zanetta L. Fontes, Assistant City Attorney Re Noise Complaint by Karinen Dear embers of the Council : ItIi always exciting to see something positive come from the interaction between local governments . In this instance, it is my pleasure to report to you that the letter you sent to the King County Council and the prosecuting attorney in King County had a favorable result. I just spoke with Tom McBride, the prosecutor in Renton . District Court . He agreed with our interpretation of the ode and that the case should have been prosecuted. However, he h d no real explanation as to why the case was not prosecuted except for the possibility that the •prosecutor was looking at the wrong edition of the code_. He has indicated to me that his supervising attorney, Lynn Moberly," is now very well aware of this situation. Despit his departure from Renton District Court at the end of this month the incoming prosecutor will be informed by himself and Ms .. Moberly that cases such as the. noise disturbance complaint by the Karinens should be prosecuted. I jam, by copy of this letter, notifying Capt . Persson so that he may contact the Karinens and give them the good news . As a side note: Mr. McBride notifies me that Mr. Jesson has remodeled his home somewhat. It is. now Mr. McBride ' s hope that the Iiome is built in such a way that the noise will not create the nuisance that it has in the past . ` Zankta L. Fontes ZLF: s . cc : Mayor ClymerL/// Capt. Don Persson 8 A . 64 : 33 . Post Office Box 626 - 100 S 2nd Street -Renton, Washington 98057- (206) 255-86178 o , -ii CITY rIf OtF Pa • 50640 AF IDAVIT OF PUBLICATION CITY OF RENTON,WASHINGTON ORDINANCE NO. 4301 AN ORDINANCE OF THE CITY OF REN- a t h 1i n n n�r r. TON, WASHINGTON, AMENDING CHAP- ,being first duly sworn on oath states TER 7, NOISE LEVEL REGULATIONS, OF that he/she is he Chief Clerk of the TITLE VIII (HEALTH AND SANITATION), OF ORDINANCE NO!. 4260 ENTITLED "CODE OF GENERALS ORDINANCES OF VALLEY DAILY NEWS THE CITY OF RENTON, WASHINGTON" BY ADDING•`iKe i t Edition • Renton Edition • Auburn Edition SECTIONS 8-7-6 AND 8-7-7 RELATING TO NOISE CONTROL, AND AMENDING SEC- Daily newspapers published-six (6) times a week. That said newspapers FOR VIOLATION.ATING TO PENALTIES are legal I ne spapers and are now and have been for more than six WHEREAS, the Renton City Council months prior o the date of publication referred to, printed and published finds that noise is a form of pollution which in the Eng lis language continuallyas dailynewspapers in Kinghas harmful effectso upone the health and gKent, welfare of persons exposed to such sound; County, Washy ngton. The Valley Daily News has been approved as a legal and newspaper by order of the Superior Court of the State of Washington for WHEREAS,the Renton city Council finds that noise which is loud enough to interfere King County. with conversation at a distance of seventy- !! five feet or more from its source unreason- ably disturbs or interferes with the peace The notice in the exact form attached, was published in the Kent Edition and comfort of others; and `':x I Re ton Edition S'x , Auburn Edition X , (and not in WHEREAS, the Renton City Council supplement f.rm) which was regularly distributed to its subscribers finds that certain individuals have made, or during the below stated period. The annexed notice a pill,1 i 0Not d r A caused ,to be e noise which loud 1 enougghh to be h heaarr d from a distance of seventy-five feet or more, and this has dis- _ r p fl' turbed the peace of others; and Q Y' I WHEREAS, the Renton City Council 'I finds that a common source of these loud was published on D _ U noises is portable or motor vehicle audio equipment; and WHEREAS, the Renton City Council finds that excessive noise lowers the value The full amo nt of the fee charged for said foregoing publication is the of neighboring properties and generally d sum of$ II c comfort ofahe impactedalit nieighborhoods in , the city as a whole; and WHEREAS, the Renton City Council finds that the ortable;nature of ta` 7a I P. _ Pere y- (�t� / ers;.radios,.or•disc players;4as'well as.:4he ' portable 'nature of motor vehicle audio ; it equipment,'has the effect of discouraging' 3 d Jan. 91 many members of the public from utilizing Subscribed an. sworn before me this day of 19 certain park areas; and WHEREAS, the Renton City Council believes that people have a right to an environment free from excessive sound and 1 vibration which may jeopardize their health, ;i n n welfare, and safety, or degrade the quality �V �/�,lC,�/// a of their life; and WHEREAS, the Renton City Council 1, finds that noise from said portable or motor ,I Notary Public for the State of Washington I vehicle audio equipment which can be • • residing at AQ.bu.r.n,-(a2P� heard from a distance of seventy-five feet or more from its source presents a danger to ii King County, Washington 1 traffic safety when occurring in or near II ' vehicular traffic; and VDN#87 Revised 4/8 WHEREAS, technology has allowed the 1 proliferation of commercially accessible il 1 types of audio equipment;,both portable and i installed, in motor vehicles which can be ' amplified so as to produ a excessive noise C which can be heard frbrn a distance of !I I seventy-five feet or more Ifrom the source of I the sound; and WHEREAS, the Renton City Council I , finds that excessive noise being generated ,I ' from such equipment is a public nuisance • and constitutes a public disturbance; and - -- -----___- li I 0) 'e ' CITA_ -OF .RENTON 1-. aN' ' Office of the City Attorney 0 Earl Clyiner, Mayor Lawrence J. Warren. rtide NOV Lf 6 1990 November 6, 1990 ize: PVED ,.;i 1Y CLERK'S OFFICE TO: Billie Dunphy, Council Secretary FROM': Anne Santos, Administrative Assistant RE : Ordinance Amending Noise Level Regulations i Dear Billie: I am! e 'closing another copy of the above-referenced ordinance and would .ppreciate your giving it to Bob Edwards, evidently he ldst his copy. Also, would you please advise the Public Safety Committee members that Zanetta would like to have a meeting in the near' future to finalize this ordinance. Thank you . Anne Santos ZLF: as . Encli. A8 . 62 : i7 .. Post Office Box 626 - 100 S 2nd Street-Renton, Washington 98057- (206) 255-8678 j CITY OF RENTON, WASHINGTON ORDINANCE NO. AN •RDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING CHAPTER 7, NOISE LEVEL REGULATIONS, OF TITLE VIII (HEALTH AND SANITATION) , OF ORDINANCE NO. 4260 ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON., WASHINGTON" BY ADDNG SUBSECTION 8-7-3 .H AND SECTIONS 8-7-6 AND 8-7-7 RELATING TO NOISE CONTROL, AND AMENDING SECTION 8-7-5 RELATING TO PENALTIES FOR VIOLATION. WHE EAS, the Renton City Council finds that noise is a form of pollutio which has harmful effects upon the health and welfare of persons xposed to such sound; and WHEREAS, the Renton City Council finds that noise which is loud i enough t interfere with conversation at a,, distance of seventy-f 've feet or more from its source unreasonably disturbs or interferes with the peace and comfort of others; and WHE EAS, the Renton City Council finds that certain individu is have made, or caused to be made, noise which is loud enough to be I heard from a distance of seventy-five feet or more, and this has disturbe the peace of others; and I WHE EAS; the Renton City Council finds that a common source of these ;loud noises is portable or motor vehicle audio equipment; and WHEREAS, the Renton City Council finds that excessive noise 1 lowers the value of neighboring properties and generally adversely affects the livability, peace, and comfort of the impacted 1 neighborhoods in the city as a whole; and WHEREAS, the Renton City Council finds that the portable nature of tape players, radios, or disc players, as well as the portable nature •f motor vehicle audio equipment, has the effect of 1 1 1 1 ORDINANCE NO . I . discouraging many members of the public from utilizing certain ark areas; and I WHEREAS, the Renton City Council believes that people have a right to an environment free from excessive sound and vibration whichlm y jeopardize their health, welfare, and safety, or degrade 1 the quality of their life; and WHEREAS, the Renton City Council finds that noise from said portabl or motor vehicle audio equipment which can be heard from a distance of seventy-five feet or more from its source present a danger o traffic safety when occurring in or near vehic lar traffic; and WH REAS, technology has allowed the proliferation of I commerc ' ally accessible types of audio equipment, both portable and install d, in motor vehicles which can be amplified so as to produce excessi e noise which can be heard from a distance of seventy-five feet or more from the source of the sound; and WH REAS, the Renton City Council finds that excessive noise being, enerated from such equipment is a public nuisance and constit tes a public disturbance; and WH REAS, the Renton City Council finds that this ordinanc_ is I in the ' nterest of the public ' s health, safety, and welfare . NO , THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHING ON, DO ORDAIN AS FOLLOWS : SE TION I . Chapter 7 , Noise Level Regulations , of Title VIII ((Health and Sanitation) , of Ordinance No . 4260 entitled "Code . of Gene al Ordinances of the City of Renton, Washington" is hereby 1 2 • ORDINANCE NO. amended by adding subsection 8-7-3 .H and sections 8-7-6 and 8-7-7 as follows Section 8-7-3 .H: Any sound from a motor vehicle audio system or port ble audio equipment such as a radio, tape player, or compact disc ,pl yer which is operated at such a volume that it interferes with conversation or which causes vibrations to be felt from a distanc of seventy-five feet or more from the source of the sound. Section 8-7-6 : Content Not Governing Sound. The content of the sound; will not be considered in determining a violation of his ordinance. 1Seltion 8-7-7 : Severability. These regulations are declare to be severable. If any section, subsection, paragraph, clause or other ortion is, for any reason, held to be invalid or unconIst_tutional by any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions . If any section, subsection, paragraph, clause or any portion is adjudged invalid or unconstitutional, is applied to a particular person or use, the application of such portion to other persons or use shall no be • affected. 1SETION II . Section 8-7-5 of Chapter 7 , Noise L vel Regulations, of Title VIII (Health and Sanitation) , of Ordinance No . 4260 ' entitled "Code of General Ordinances of the City of Renton, Washing-on" is hereby amended to read as follows : Section 8-7-5 : Penalties for Violation: Except as otherwise provide , any person violating any portion of this Chapter shall be guilty f a misdemeanor and may be punished by imprisonment for not 3 ORDINANCE NO. more than six ( 6 ) months in jail, by a fine of not more than five hundred dollars ( $500 . 00 ) , or by both such fine and imprisonment . Any person violating subsection 8-7-3 .H of this Chapter shall be guilty o a civil violation and may be punished by a fine of not more than $75 . 00 . Each day that a violation continues shall be consider d a separate offense . The penalties set forth herein shall not be eemed exclusive, the City may obtain an injunction against I such vi lation from the Superior Court of King County. Any ordinanc of the City inconsistent with any portions of this Chapter is repealed except that any ordinance defining noise as a nuisance shall irernain in full force and effect . •4 SECTION III . This ordinance shall be effective upon its passage, approval, and thirty days after publication. PASSED BY THE CITY COUNCIL this day of , 1990 . Marilyn J. Petersen, City Clerk AP ROVED BY THE MAYOR this day of , 1990 . Earl Clymer, Mayor Approved as to form: Lawrenc- J. Warren, City Attorney ORD: 156 7/11/90 4 • • CITA DF RENTON ma Office of the City Atorney Earl 'C1y er, Mayor Lawrence J. Warren. CITY OF RENTON I _ October 22 , 1990• OCT 2 l 1990 ECEivED TO: Public Safety Committee t/ CM'CLERK'S OFFICE FROMI: Anne Santos, Administrative Assistant RE : Ordinance Amending Noise Level Regulations Dean Committee Members : I am anclosing a new draft of the above-referenced ordinance for your; review. Please forward your comments to Zanetta Fontes at your e.rliest convenience . Anne Santos Administrative Assistant to Zanetta L. Fontes ZLF;:as . Enc'l . cc : chief Wallis A8 . 62 : 09 . • Post Office Box 626 - 100 S 2nd Street-Renton, Washington 98057 - (206)255-8678 8.7-1 8-7-4 CHAPTER 7 ( NOISE LEVEL REGULATIONS SECTION motor vehicle, motorcycle, off-highway vehicle, or internal combustion engine, within a rural 8-7-1: Motor Vehicle Noise Performance or residential district, so as to unreasonably Standards disturb or interfere with the peace, comfort . 8-7-2: Maximum Environmental Noise Levels and repose of owners or possessors of real 8-7-3: Public Disturbance, Noises property; 8-7-4: Designation of Zoned Areas 8-7-5:I Penalties for Violation D. The use of a sound amplifier or oth r device capable of producing, or reproducing amplified sound upon public streets for the purpose of commercial advertising, qr sales, or for charg- ing the attention of the public to an)- vehicle, 8-7-1: MOTOR VEHICLE NOISE PER- structure or property of the contents' therein, FORMANCE STANDARDS: The City except as permitted by law, and except that Council .f the City hereby adopts Washington vendors whose sole method of selling is from Administrative Code sections 173.62.020,-030, and a moving vehicle shall be exempt from this 040. i subsection; E. The making of any loud and raucous sound 8-7-2: MAXIMUM ENVIRONMENTAL within one thousand feet (1,000') of any NOISE LEVELS: The City Council of school, hospital, sanitarium, nursing or con- the City hereby adopts by reference Washington valescent center; and Adminis' :five Code sections 173.60.020, 040, 050, ,-09'. F. The creation by use of a musical instrument, whistle, sound amplifier, record player, stereo, or other device capable of producing or repro- 8-7-3: PUBLIC DISTURBANCE, NOISES: It ducing sound of loud or raucous sounds which is unlawful for any person to cause, or emanate frequently, repetitively, or contin- for any ••rson in possession of property to allow to uously from any building structure or origins : from the property sound that is a public property located within a rural or residential disturb: ce noise. The following sounds are hereby district, such as sounds originating from a defined be public disturbance noises. , band session, social gathering, stereo. A. I Fr uent repetitive or continuous noises made G. The amplified or unamplified human voice by any animal which unreasonably disturbs or which unreasonably interferes with the peace, in rferes with the peace, comfort or repose of comfort and repose of property wners or .I p perty owners or possessors, except that possessors. su h sounds made in animal shelters, co 111 mercial kennels, veterinary hospitals, pet sh ps, or pet kennels licensed as such, shall 8-7-4: DESIGNATION OF ZONED AREAS:' be exempt from this subsection; The EDA (environmental designation for noise abatemenMt) is hereby established as B. Tl}e frequent repetitive or continuous follows: sounding of any horn or siren attached to a motor vehicle, except as a warning of danger, A. Residential zones which shall include R-1, R- orrI as specifically permitted or required by 2, R-3, R-4, .G, T SR-1, SR-2 j S-1 are 1a'w; classified as Class A EOMA. C. The creation of frequent, repetitive or contin- B. Commercial zones which are defined as B-1, _ u us sounds in connection with the starting, M-P, P-1, are classified as Class B EDMA. o ration, repair, rebuilding, or testing of any i 1. See Title IV, Chapter 31 of this Code for Zoning Regulations. _ 8-7-4'I 8-7-5 1 C. Ilnd}}��strial Zones. L-1 and H-1 zones are defined as Class C EDMA. 8-7-5I: PENALTIES FOR VIOLATION: Any 1 person violating any portion of this Chapter hall be guilty of a misdemeanor and may be pimis ed by imprisonment for not more than six (6) Mon s in jail, by a fine of not more than five • hundred dollars ($500.00), or by both such fine and, imprison, ent. Each day a violation continues shall be considered a separate offense. The criminal penaltied set forth herein shall not be deemed exch.sivel, the City may obtain an injunction against uch violation from the Superior Court of King C9unty, repeal any ordinance of the City 1 inconsistent with any portions of this Chapter is ' repealed except that any ordinance defining noise as a n sance shall remain in full force and effect. (Ord. 3..78, 11-3-80) 1 .I ; CITY OF RENTON, WASHINGTON ORDINANCE NO. IAN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING ICH PTER 7 , NOISE LEVEL REGULATIONS, OF TITLE VIII (HEALTH ,AN SANITATION) , OF ORDINANCE NO. 426.0 ENTITLED "CODE OF IGE ERAL ORDINANCES. OF THE CITY OF RENTON, WASHINGTON" BY IAD ING SUBSECTION 8-7-3 .H AND SECTIONS 8-7-6 AND 8-7-7 IRE TING TO NOISE CONTROL, AND AMENDING SECTION 8-7-5 RELATING TO PENALTIES FOR VIOLATION. 1 1W EREAS, the Renton City Council finds that noise is a fo1m of pollut' on which has harmful effects upon the health and welfare of person exposed to such sound; and 1W EREAS the Renton City Council finds that noise which is loud enou1gh to interfere with conversation at a distance of seventy-five feet or more from its source unreasonably disturbs or interferes with t e peace and comfort of others; and • WHEREAS, the Renton City Council finds that certain individuals have made, or caused .to be made, noise which is loud enough �o be heard from a distance of seventy-five feet or more, and thi has disturbed the peace of others; and i hHEREAS, the Renton City Council finds that a common source of these loud noises is portable or motor vehicle audio equipment; and I HEREAS, the Renton City Council finds that excessive noise lower the value of neighboring properties and generally adversely 1 affec s the livability, peace, and comfort of the impacted 1 neighborhoods in the city as a whole; and WHEREAS, the Renton City Council finds that the portable nature 1 of , t.pe players , radios, or disc players, as well as the portable nature of motor vehicle audio equipment, has the effect of 1 1 1 J ORDINANCE NO. , I discor ging many members of the public from utilizing certain' park areas nd WHEREAS, the Renton City Council believes that people have a I right to an environment free from excessive sound and vibration s which! m:y jeopardize their health, welfare, and safety, or degrade the quality of their life; and IWH REAS, the Renton City Council finds that noise from said portable or motor vehicle audio equipment which can be heard from a distance of seventy-five feet or more from its source presents a I danger to traffic safety when occurring in or near vehicular traffic ; and I W EREAS, technology has allowed the proliferation of commer ially accessible types of audio equipment, both portable and instal ed, in motor vehicles which can be amplified so as to produce 1 excessive noise which can be heard from a distance of seventy-five feet r more from the source of the sound; and WHEREAS, the Renton City Council finds that excessive noise I being generated from such equipment is, a public nuisance and constitutes a public disturbance; and 1 HEREAS, the Renton City Council finds that this ordinance is inIth- interest of the public ' s health, safety, and welfare. OW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, I WASHINGTON, DO ORDAIN AS FOLLOWS : SECTION I . Chapter . 7 , Noise Level Regulations, of Title VIII (Health and Sanitation) , of Ordinance No . 4260 entitle "Code I ofl General Ordinances of the City of Renton, Washington" is hereby 2 ORDINANCE NO. amended by adding subsection 8-7-3 .H and sections 8-7-6 and 8-7-7 as follows . ISe tion 8-7-3 .H: Any sound from a motor vehicle audio system or port ble audio equipment such as a radio, tape player, or compact disc Iplayerwhich is operated at such a volume that it interferes with conversation or which causes vibrations to be felt from a distance of seventy-five feet or more from the source of the so nd. iSction 8-7-6 : Content Not Governing Sound. The content o the sound ill not be considered in determining a violation of this ordina ce . IS-ction 8-7-7 : Severability. These regulations are declared to be se erable . If any section, subsection, paragraph, clause or other portion is, for any reason, held to be invalid or uncons itutional by any court of competent jurisdiction, such invali•ity or unconstitutionality shall not affect the validi�y or constitutionality of the remaining portions . If any section, subsection, paragraph, clause or any portion is adjudged invalid or uncon-titutional, is applied to a particular person or use, the appli ,ation of such portion to other persons or use shall not be affec ed. .ECTION II . Section 8-7-5 of Chapter 7 , Noise Level Regul tions , of Title VIII (Health and Sanitation)., of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washi gton" is hereby amended to read as follows : Section 8-7-5 : Penalties for Violation: Except as otherwise prov' ded, any person violating any portion of this Chapter shall be gull y of a misdemeanor and may be punished. by imprisonment for not 3. ORDINANCE NO. more th n six ( 6 ) months in jail, by a fine of not more than five hundried dollars ( $500 . 00 ) , or by both such fine and imprisonment. Any person violating subsection 8-7-3 .H of this Chapter shall be guilty of a civil violation and may be punished by a fine of not more , t an $75 . 00 . Each day that a violation continues shall be conside ed a separate offense . The penalties set forth herein shall not be deemed exclusive, the City may obtain an injunction against such! iolation from the Superior Court of King County. Any ordina ce of the City inconsistent with any portions of this Chapter is repealed except that any ordinance defining noise as a nuisance shalil remain in full force and effect . ' SECTION III . This ordinance shall be effective upon its passage, approval, and thirty days after publication. PASSED BY THE CITY COUNCIL this day of , 1990 . Marilyn J. Petersen, City Clerk APPROVED BY THE MAYOR this day of , 1990 . Earl Clymer, Mayor Appro ed as to form: Lawrence J. Warren, City Attorney ORD: 156-7/11/90 4 'I C,&JJU YJJJW t!^L- /�:`' 4,'/ 'i CITY C __. RENT ON 4�, ' "'' • Office of the City Attorn I� ''= Lawrence J. Warren. - earl airier, Mayor.Y n� Ada .-.� • CITY OF RENTON August 23., 1990 1 AUG 2 3 1990 l liECEIVED ' TO: ' Public Safety Committee CITY CLERK'S OFFICE 1 FROM: i Anne Santos, Administrative Assistant I RE: Noise Control Ordinance Dear Committee Members : Il Zanett;a ontes has requested that I forward a copy' of the City San Anto i o' s Noise 'Abatement Ordinance for your review. S;h • stated; t at it is more complex than what the City of Renton might wish to nact. ' She further suggested that the committee meet to discusfs this ordinance and the draft that she has prepared[ Zanetta ill be out of town on September 6 and 7 , 1990, but will be available to meet with committee members on any other date. Pleas n .tify her .when a meeting has been scheduled. : .\,_3WAA-e.)47Cak . 'i Anne Santos ZLF:as . Encl. • cc: Mayor Clymer • A8 . 60n:2 : . l • 'I d • • 'i • ,j • ,i Post Office Box 626 - 100 S 2nd Street-Renton,Washington 98057 - (206) 255-8678 DRAFT • CITY .OF RENTON, WASHINGTON ORDINANCE NO. AN •RDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING • TITLE. VI (POLICE REGULATIONS) OF ORDINANCE NO. 4260 FNTI[TLED "CODE OF GENERAL ORDINANCES OF THE CITY OF REN ON, WASHINGTON" BY ADDING CHAPTER 25 RELATING TO NOISE CON' ROL. WHE EAS, the Renton City Council finds that noise is a form of pollutio which has harmful effects upon the health and welfare of persons exposed to such sound; and WHEREAS, the Renton City. Council finds that noise which is loud enough o be heard at seventy-five feet or more from its source unreasonably disturbs or interferes with the peace and comfort of others; and WHEREAS, the Renton City Council finds that certain individuals have ina•e, or caused to be made, noise which is loud enough to be heardria4 seventy-five feet or more and this has disturbed the peace of othe s; and WHEREAS, the Renton City Council .finds that the most common source of these loud noises is portable or motor vehicle audio equipll ent; and WHEREAS, the Renton City Council finds that excessive noise lower1s she value of neighboring„ properties and generally adversely affects the livability, peace, and comfort of the impacted neighbo hoods in the city as a whole; and . WH REAS, the Renton City Council .finds that the portable nature of tape players, radios, or disc players , as well as the port ble nature of motor vehicle audio equipment has the, effect of • ii 1 ORDINANCE Nb. discoura ing many members of the public from utilizing certain park areas; a' d WHEREAS, the Renton City Council finds that noise from said portable or motor vehicle audib equipment which can be heard seventy-five feet or more from its source presents a danger to traffic safety when occurring in or 'near vehicular traffic; and WHEREAS, technology has allowed 'the proliferation of commercially accessible types of audio. equipment, both portable and installed in motor vehicles, which can be amplified so as to pro uce excessi e noise which can be heard seventy-five feet or more from the sou ce of the sound; and WHEREAS, the Renton City Council finds that excessive noise being .enerated from such equipment is a public nuisance and cons4t tes a public disturbance; and WH REAS, the Renton City Council finds that this ordinance is in th!e ' nterest of the public ' s health, safety, and welfare. NO , THEREFORE, THE CITY COUNCIL OF THE ' CITY OF RENTON, WASHIiNG ON, DO ORDAIN AS FOLLOWS: (SECTION I. Title VI (Police Regulations ) of Ordinance No . 4260 )en itled "Code of General Ordinances of the City of Renton, Washing on" is hereby amended by adding Chapter 25, Public Disturb nces, which reads as follows : Se tion 6-25-1: Noise from Audio Equipment Regulated. While in a ,ci y park, residential or commercial zone, or in any area where the Aso rce of the noise is in close proximity to residences , schools human service facilities or commercial establishments, it is unla ful for any person to cause, make, or allow to be made any ,I 2 • ORDINANCE NO . soundfr m a motor vehicle audio , system, or portable audio equipment such ps a radio, tape player, Hor compact disc player which is operated at such a volume that it can be heard at a distance of seventy- ive feet or more from the source of the sound. Sec ion 6-25-2 : Other Noise Regulated. Loud and raucous , and frequent, repetitive, or continuous, sounds made by any source, includin but not limited to, horns or sirens, musical instrument or other,ide ice capable of producing sound when struck by an object, a whistle, or a sound amplifier or other device capable of producing, amplifyi g, or reproducing sound, whether portable or attached to a motor vehicle, except such sounds as are ' made to warn of danger •or that ire specifically permitted or required by law which are audible •at 'aldistance of seventy-five feet or more from its source are • prohibited. Section 6-25-3 : Content Not Governing Sound. The' content of the sou d will not be considered in determining a violation of this ordinance. • • Se tion 6-25-4: Penalty. Violation of any provision of his chapter shall. constitute a misdemeanor. Any person convicted of a violation shall be subject to a fine of $250 . 00 , or by imprisonment in the city jail 'for a term not to exceed six months , or by both such fine and imprisonment. Section 6-25-5 : Severability. These regulations are declared to bei s verable. If any section, subsection, paragraph, claus or other ortion . is, for any reason, held to .be invalid or unconst' tutional by any court of competent jurisdiction, such invalid. ty or unconstitutionality shall not affect the validity or 3 • 11 r - ORDINANCE NO . • constitu ionality of the remaining portions . If any section, subsection, . paragraph, , clause or any portion is adjudged invalid or unconstiT.utional is applied to a particular person or use, the applicat on of such portion to other persons or use shall not be li affected. 1 SEC ION II . This ordinance shall be effective upon' its passage, approval, and thirty days after publication . PASSED BY THE CITY COUNCIL this day of , 1990 : Marilyn J. Petersen, City Clerk APPROVED BY THE MAYOR this day of , '1990 . Earl Clymer, Mayor Approve• as to form: �l . 1 • Lawrefhc; J. Warren, City Attorney ORD: 16 7/11/90 !I 'I 4 AN ORDINANCE6 2 5 5 � v tr `.J .I AMENDING CHAPTER 21 (OFFENSES AND MISCELLANEOUS PROVISIONS) TO INCLUDE OBJECTIVE STANDARDS BY WHICH NOISE NUISANCES CAN BE GAUGED , AND PROVIDING A FINE FOR VIOLATION OF NOT LESS THAN $ 3$ , 00 NOR MORE THAN $1 , 000 , 00 FOR FIRST VIOLATION INTWELVE:- MONTH PERIOD AND A FINE OF NOT LESS THAN $7D . CQ N MORE THAN $ l 000 . 00 SUBSEQUENT AN r cC,c•. G`BSEQLE„ : VIOLATIONS IN ANY TWELVE-MONTH PERIOD . * * * * * • WHERE ' S , excessive sound and vibration are seriou. hazards to the pub'l.i. health and welfare , safety and the quality of life ; and WHEREAS , a substantial body , of science and technology exists by which excessive noise and vibration may be substantially abated ; andJ WHEIREl}S , the people have a right co and should be ensured an envirdnmenc free from excessive sound and vibration that nay jeopardize their health or welfare or safety or degrade the quality of eilife ; NOW, THEREFORE : BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN ANTONIO The,, City Code of the City of San Antonio , Chapter 21 Ls hereby amended to read as follows : " SECTION 21-51. DEFINITIONS AND STANDARDS . ' ' A-weighted sound level' means the sound pressure level :i.n II decibels as measured on a sound level meter using the A-- weighting network. ' Daytime ' means any time from charty minutes before sunrise co thirty minutes after sunset . I ' Impulsive sound ' means sound of short duration , usually ess than one second , with an abrupt onset and rapid decay . examples of sources of impulsive sound include explosion , • rop forge impacts , and the discharge of firearms . ' Nighttj.me ' means any time from thirty minutes after sun.,. ec: o thirty minutes before sunrise , • II ' Noise nuisance ' Means any loud , irritating , Vexing or disturbing sound which causes distress , annoyance , dis- comfort or injury to o�1, which interferes with thee comfort or, repose of any person of reasonable nervous sensibilities iii the vicinity or hearing thdteof , or APIs sound +-hich ens angers or injures the safety or health of huuns or . it animals , or any sound which interferes with the physical • well -being of humans or animals , or any sound which endangers or injures personal or real property . ' Sound level ' means the weighted sound pressure level by the . use of a sound level meter and frequency wei;z,hr ingai;.ed network such as A, B or C as specified in Standards institute specifications for sound elevel rican � terL al (ANSI S1 . 4-1971) . If the frequency weighting employed i , indicated , the A»weighting shall apply. g R is nor. ' Sound level meter ' means en instrument which includes a microphone , amplifier , RMS detector , integrator or rime averages, . output meter , and weighting network used to measure sound pressure levels . SECTION 21-52 . NOISE NUISANCE ENUMERATION. .. a) The following acts, among others not hereinafter enumerated are declared to be ' noise nuisances ' , and are unlawful and ry in violation of the provisions of this LIKdinance when such acts are done or accomplished or, carried on in such a manner , or with such volume, intensicyf or vich continued duration , so as to annoy , to distress , or to distura the quiet , comfort , or repose of any person of reasonable nervous sensibiliisia9 vdithin the vicinity or hearing thereoff , . or so as to endanger or injure the safety or health of humans or animals , or so as to interfere with the p}�ysical well-being of humans or animals , or so as to andangler or injure j personal or real property : (1 ) The playing or permitting or causing, the playltlg of any radios television, phonograph , drum , juke box, nickleodeon , muoical instrument , sound amplifier or similar device which produces , reproduces , or amplifies sound . (2) Any loud or vociferous language or any soliciting for , or description of , any amuaement house , moving picture theater , or other like place of amusement , or for the performance therein , in the entrance thereto , he foyer or, lobby thereof , or on the sidewalks adjoining the name.. -2- it J ( 1 ) The keepingof any animal `ow ' , Dr bird , nske `r'ecuent or long , c.on �:. inu noise . „if.ch . :I (4 ) The continued or frequent sounding of any hOrn or other signal device on any automobile cr :.sh.ic+e motorcycle , bus or other vehicle , except as a danger signal . (5 ) The discharge into the open air of any steam engine , stat theexhaust of ionary i.ntecn.a .l.c: l !� engine , automobile , motorcycle , or othe4- motoror V fljC18 or ?.)oat , except thxou ¢ �4 dhha�� ice which prevents loud $ l � Cadr oL�;et . �i illEfrlff r��, or explosive no �,� . ( 6) The erect demolition , including construction , excatratior , on , alteration , or repair work , or the • permitting or causing thereof , of any building cr I' other structure , or the operation or the permitting or causing the operation of. any tools or u.e ; • used in construction , excavation , 4 pmen drilling , ciemclitxcri , alteration or repair work: • A . ocher than during the daytime on week days ; o B , at anytime such that the sound level at o across a real property boundary exceeds 8OdBA, I C . This section shall not aneyirt cases of extremeand urgent necessityin interest of public safety and g4Y [ile[1C_ ., a only by a obtained from, and issued by, the Director of Public Works , or any of his duly appointed and acting assistants and employees which t may be renewed during the time the e exists . emergency (7 ) The crying ,, calling , or shouting , in person or b , a mechanical device , or the use of any whistle , rattle , belle gong ) it§ppgl! } h1tRm@Z , drum, a'ilr, , d spe or phonograph with or without an amplifier,7uhandaker, organ , or other devices or instruments , otherwise , for the purpose of advertising musicalr y any c 4 ndidcct 4s for elective office , any goods , wares , ormerchandise , or for the purpose of attracting attention to or inviting persons to . any political rally , meeting or gathering , co any place of amusement , to any performance or s or to any business or activity whatsoever , how, (8 ) The raucous shoutin , whistling , yelling , singin hooting , or crying of peddlers , hawkers ,, vendors or Aiy Qth4r person$ t . permitting( 9) The operation , playing , or Fermf. , i[; tho operation 1or playing of any radio , celevis o"t , phonograph , drum, ausicai xn u '�mentt. noun amplifier , orsi�r� z ,.r devicav which products , r. eproduCas , or ampl ifi.es sound t in any pLace of public Aiicerraio.renc at a sound .Level greater than 8OdBA as read uy the slow response on a sound level meter at any point that iS customarily occupied by a customer or patron , unless a sign , 'i legible and conspicuous' to ordinary public v$c i! s d gr. leIgt 223 ilua blokes in area , i.s loc,aced cup siciF'. such place , near each public entrance , stating , in ,i LacCi " 1 c two ineftOg hi$ rl , " 1 ' IN(1; : SOUND 1,eVELS WITHIN MAY CAUSE HEARING IMPAIRMENT. ° I t (10) On any property located in a residential Loney as specified by Chapter 35 ( Zoning) , t:ha making of any ! noise , wherein the sound pressure level from any operation , use or occupancy exceeds the decibal limits specified in the octave band indicated in the following ii table , designated as Table 1 , when measured on any !i 9 11C ; property under 82 Ate ownership . !I • TABLE 1 MAXI1UM PERMISSIBLE DAYTIME OCTAVE SAND DECIBEL LLi,i:T3 „ AT OR WITHIN THE BOUNDARY OF A RESIDENTIAL DISTRICT OCTAVE BAND ---�_ , •- I— .M._.-, -T et;1 CENTER FREQUENCY 63 125 250 500 1000 2000 14000 SC00 SC ( A E (HERTZ) d DECIBEL BAND t LIMIT (dB re t i 0.0002 76 66 �9 54 50 47 1 44 ' 2. 1 Sc il ICI?OB � i NOTE : A-Scale levels are provided for monitoring purposes only . • • d (11) On any property located in a business or office zone , AO apacifigd by Chapter 35 (26niag) , the making or allowing or causing to be made .of any noise , wherein the sound. { pressure iev.ai from any operation , use or occupancy exceeds the decibel limits specified in the octave hand indicated in the •fo1iowing table ; designated as Table 2 , ;i Y��ltn m.e du on any 6tth,At Vf8i ,:y' unatr separate ownership . . -4 it . TABLE 2 MAXIMUM PERMIS.•SISLE DAYTIME OCTAVE BAND DECIBEL LIMI s d AT OR WITHIN THE BOUNDARY OF A BUSINESS OR OFFICE DLSTRICT ! CENTER FREQUENCY 63 L25 250 ,aa 7 10oaj � ,� (HERTZ) Oi;U 4000 8000 SCALE I DECIBEL BAND LIMIT cdB r , r I 0.0002 �l 71 ` b�. f 54 52 u 63 . H l ' giU Pfavided for moft only . ItcnIng purpas2s ( 12) On any property located in an industrial zone , a, s eO, f ; - : . by Chapter 35 (Zoning ) , '� P -�� . _t.� the making or allowing of causing co be trade of any noise , wherein the sound pressurti level from any Operation , use or occupancy exceeds t:he decibel limits specified in the octave band indicated in tiha following table , designated as Table, 3 , when- easured. .on any other property under separate ownership . TABLE 3 MAXIMUM PERMISSIBLE DAYTIME 'OCTAVE BA:,L? DECIBEL LIMITS AT THE BOUNDING PROPERTY OF A USE IN THE INDUSTRkAL DISTRICTS . OCTAVE BAND I Y_ CENTER FREQUENCY63 1 125 250 1' 500 1O'JU A (HERTZ) I I 2000 4Q00 180av SCALE Ii DECIBEL BAND _ 1 • -.. _ LLMITS (dB re $T74 69 64 62 57 34 ,2I 65 0.0002 .'� I MICROBAR) NOTE : A-Scalth levels are provided for rstonitorin purpose s on.1y. 5-- i ;I • it • (1. ) Special Noise Corrections , Corrections '.shall be made to the basic octave band levels specified la Tables a , 2 and 3 fot the specific conditions. listed in accordance with the fallowing r_abie , d±:s LS- a c +ed as Table 4 . TABLE 4 CORRECTIONS: PERMITTED TO BASIC OCTAVE BAND LEVELS NOISE IS PRESENT AT NIGHTTIME . . , SUBTRACT 7dB NOISE CONTAINS STRONG PURE-TONE COMPONENTS OR IS IMPULSIVE (Meter reading changes at a rate greater than 10dB per second) SUBTRACT 7dB • • • � I ♦ • . f. • 4 9 ♦ ♦ a e J d • . b f { Y o a NOISE HAS AN tON TIME ' h - i ._.. _._....,,.._....�r� AND AN OFF TIME ' BETWEEN OF NO MORE THAN SUCCESSIVE ' ON TIMES ' OP AT LEAST 0 , 5 minutes hour 5 . 0 minutes 1 hour ) ADO 10 DECIBELS ] 10 . 0 minutes c 20 . 0 minutes 2 hour 'CO PJ[�MIT�`�t;` 4 hour ) LEVELS SECTION 21 -53 . VIBRATION . IIt shall be unlawful co operate , or to permit or to cause the ';; operation of any device that creates vibration which is above the vibration perception threshold of an individual at or beyond t' a property of the source if on private property or at fifty f et from the source if in a public space or public right-.of-way. ' Fcr the purpose of this section , ' vibration perception threshold ' means the minimum ground-,or structure-borne vibrational motion n Icessary ' to cause a reasonable person to be aware of the vibration ,Ibyy such direct means as , but. not limited to , sensation by touch o visual observation of moving objects . • S CTION 21-54. EXCEPTIONS . ( ) The provisions of this ordinance shall not apply to : • (1) the emission of sound for the purpose of alerting . person to. th$ existence of aft tIMZVgency ; or 1 6 . • • ii (2 ) the emission of sound in th pe , r orma lr_e of emergency i work ; or • '' (3 ) any noise made by any vehicle , '.vheche•, dcas ,.gmed for land , air or rail, transportation ; or (4) noises prod.ue by any government or public body . • i(b) Applications for a permit for relief from the noise and vibration restrictions designated in this ordinnnceen the basis 'of undue hardship may be made , i Public Health or h± to the Director of c s duly authorized representative , Each application must be acccmpanieri by a fifty '� fee . The relief requested may be granted u u dollar ( Yb sufficient showing : pon a good and t . (1 ) that additional time is necessary for the applicant to alter or modify his activ I IYr oprtiaa comply II with the provisions of this chapter ; or (2 ) that the activity , operation, noise or vibration source II will be of. temporary duration and cannot reasonably he -- done in a manner that would coiupy with this ordinance ;or l e ; r II (3) chat no reasonable alternative is available to c {-e applicant . (ic ) If granted , the permit shall be in writing Aid contain .11 • j m Conalciohs , upon which said permit is granted , including but not limited to the effective d4tei any Ci[ae of d4k len t .on , sound pressure level , or equipment limitation . The Director of Public Health or his duly authorized , ,i representative may prescribe any reasonable conditions or requirements deemed necessary co minimize adverse effects upon the community or the surrounding area . SECTION . 21-55 . METHOD OF NOISE MEASUREMENT , • Whe ever portions of this chapter prohibit noise over a c:er ain dilec _bel limit , measurement of said naisa shall be made with a s'1ou ; d level mecer and octave band analyzer meetin the stan rs pirecribed by the American Standards Association The instruments shall be maintained in calibration and good working order . Octave band corrections may be employed in meeting the response spe.cifir_ a-- tlio , A calibration check shall be made of the olf any noise measurement . Measurement recorded shall_mbetketime as to provide ataken so properrepresentation of the noise source . The w'ii.czophone during measurement shall be positioned so as not co create any unnatural enchance went or diminution of the measured noise . 1 . r -7- ii • jA windscreen for the microphone shall be used whtm r quir2d _ Traff.ic•, aircraft and other transportation noise :sources Oand other background noises shall not be considered in taking Imeasuremeats except where such background t]oi interferes ; with the primary noise being measured . Times when the level of the primary noise being measured does not exceed thac of j the background noise in all octave. bands shall be_ considered a$ Toff times ` of the primary noise in determining the correccaons ! from Table 4 , S'ection 21-52 (b) . !1 jiSE ,TION 2i-56 , ENFORCEMENT. (a Immediate threats to health and welfaYe, ( 1 ) The Director of Public Health or h1a duly author ! zed representative shall Order an immediate halt to any sound which exposes any person , except those excluded pursuant co subsection (2 ) , to continuous or impJlsf,ve sound levels in excess of those 21.40in in Tab1ES . through 4 , Within five days following issuance uE such an order , the Director of Public Healthy or his duly authorized representative shall apply c.? fhg appraprlarQ nUft for an injunction, to replace th . order . (2) No order pursuant to subsection ( 1 ) shall be issued it the only persons exposed to sound levels in e)ices of those listed in Tables 1 through 4 are eat , ,i,e Al a result of A, trespass ; or B. invitation uponthe private property by pits n caunin.g or permitting the sound . (3) Any person subject to an order issued pursuant to subsection (1) shall comply with such order until' : j A. the sound i4 brought into compliance with the order :, as determined by the Director of Public Health or his duly authorized representative ; or B. a judicial l 9zdoK has supel:saci2d the order by the Director of Public Realth or his represecltac ve . !(b) Penalty for violations of ordinance , habitual violat'l•ns , it -g . • Any person s violates any gozr �.oa oz Lktis ordinance is jl guilty of a misdemeanor and shad ��n rry{ i ect tlo fine of not less than thirty-five 1 ° 3 s00 ) jj dollars ($3h , Gi> > nor more than one thousand dollars l $ , 000 , Q0) For secorxd or: :subsequent offense within a twelve-miiiih pf i iod t_hg PA `soon sinell. be subject to a Eine of not less than se:veocy dollars ($ 70 . 00) nor more r.hatt one thousand dollars ($1 , 000 . 00) . it ff , ny section , subsction , sentence , clause or phrase of t is ordinance is , for any reason , held co be 'invalid or ua,:o sticutioo.0 , ]t•Ack holding shall not affect the validity or the relnaicting occtio•rs odf his ordinance . T!hi ordinance , sand the amendment _ootained herein., shall become eff• ccive April 1 , 1986 . • • PASSE ;ID APPROVED this � //! day of C .. ^"6y • �! f M A Y R f- . ATTEST : i Atn iry Clerk APPROVED AS TO FORM. 4 /, . City Arta L'n y' • -9 Slt�1, P. r1• ,4 ) Ui 11 AN ORDINANCE 'e �0 APPOINTING CODE COMPLIANCE DIRECTOR `AID %�i�,'�E`�'�':l:C;ATnR�:, AS "�1� - •r HEALTH L H LA S ; APPOINTING OFFICIAL" H i " TO ENFORCE =;�=rT y-I`` , �'��?.-N'i'I:;�1�;, I�ZUIJ`.i L)?�"Jr PEACE =iCER LICENSE 460-•21 -8933 AND E NEAVES , a I3CJh?iC N i E.;, , PF_t,C:'E., :.)L�=I�C:�:R LICENSE # 466-54-2066 , AS CITY OF SAN ANTONIO PEACE O j RS ASSIGNED .rIS. T OFFICERS ; To CODE cor:��, ?��rcE DEPARTMENT ,�� . NOISE ?-�F3A�c..+� - AMENDING THE CITY CODE TO TRANSFER I?ESPONS'i-::;rl,rT? =.3R NOISE ABATEMENT TO THE CODE COMPLIANCE DIRECTOR; AP4ENDIM CITY CODE SECTION 21 -56 , ENTITLED "ENFORCEMENT" TO 'IDENTIFY� Tn E v�. llF THE ij.0_SF' NUISANcF VIOLATOR; AUTHORIZING TEMPORARY SEIZURE OF NOTS'P NUI N E CREATING DEVICES ; AUTHORIZING IMPOUNDMENT OF REPEAT NUISANCE ANIMALS ; DELETING NEED FOR PERMIT FOR CASES OF URGENT NECESSITY OR PUBLIC CONVENIENCE; LIMITING�.;.M:ITTN�, THE -E,F.I O•r,rL, �..��, EXCEPTION GRANTED TO VEHICLES TO ONLY MOTOR NOISEO r PUBLICON ,• RIGHTS-OF-WAY, WATERWAYS , AIRPORT RUNWAYS , AND RAILWAYS . 1 WHEREAS , excessive noise is a hazard to the health and well being of 1ththe citizens of the City of San Antonio, and should be more effectively abated as apublic health , hazard and public nuisance thr4,ug criminal lrosecu,.ion civ'_ suits to in join and impose � � �' � '- ) and ii�ip�`�e r civill� enalties , and through summary abatement action; and d WHEREA r noise nuisano an.temenh enforcement responsibility . y now'' in the city Health Department, which is not equipped or staffe for noise nuisance abatement; and wHE; EAS , two Code Compliance Department Noise AbatementOfficers have been hired and trained inthe operation lr,, ieter t theygpera orr of decibel meter equ pmen . have visited with many past violators to explain tY e " noise abatement' process, and request cooperation ; and ' 1 WHEREAS , the Noise Abatement Officers are active permanent 1 commissioned peace officers Who must be appointed as City of San Ant&lio peace officers by ordinance if they are to function peace officers in the. exercise of their noise abatement duties ; and] WHEREAS , the present ordinance does not sufficiently identify the per,so who is to be cited for causing a noise nuisance, and WHERE. S , the Local Government q � � Code sec . 217 . 042 empowers the CitY of San Antonio to summarily abate and remove public nuisances ; and • . `WHEREAS, the Tit ag Code of Criminal Procedure Art. empoT,�ers a magistrate to issue a searchwarrant 05 c� or to any health or fire official for the purpose of inspecting any specified prert.ise 1 to ' determine the presence of a violation of any health or . fire safty ordinance; and . i . J 1 WHEREAS , the city San Antonio desires to c'- courage repeated noise violations a, to insure their cessation . y the eercise of , suminaI'y abatement powers, i , e . sei.z ing the second-vi,ol a•r,:ion noise nuisance creating instrument, object, or animal ; and WHEREAS ,IIcity staff t 1 � the has recommended the simplification of the administration and enforcement of this ordinance by deleting certain exceptions to these noise restrictions, by making the ord!in nce inapplicable in cases of urgent nec _ssity and reasor able unavoidability, by eliminating the issuance of noise pez,mi : s for construction work, and by eliminating the enforcement excep , ion for vehicle motor noise while the vehicle is not wing pub,il. it,. streets , waterways, and railways ; NOW WHEREFORE, BE ;IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN ANTONIO • SECTION 1 . The Code Compliance Director, his designees and Cade Cbrr;o?_' ance Investigators are hereby appointed as and decla.r.ed to be 1: "heal th officials" for the purpose of investigating suspected health hazards , summarily abating health hazards and health law violations, filing cr. iminalm complaints against health code violla ors in the municipal courts, and filing civil suits against heajti law violators to obtain civil penalties and injunctive reli!ief.. SECITI N 2 . The City of San Antonio hereby appoints Rudy Davy la, Pealce Officer License Number 460-217-3938 , and Horace Nea*es, ' Peace Officer License Number 466-54 -2066, as peace officers Ifor the .ity of San Antonio, assigned to the Code Compliance Dear ment to perform as peace officers in the conduct of their dut;ie as Noise Abatement Officers. The Peace Officers s iaii excer 'ise the following powers in the conduct of their 'noise abatement duties : ,I1 . Carry a firearm; . . Arrest individuals who interfere with the officers exercise of duties ; • 3 . Issue Noise Nuisance Citations and otherwise enforce the noise aba.teement ordinance; I!4 . Execute search warrants issued by . a magistrate for the purpose of inspecting private property for noise nuisance ! creating property, including animals ; ' 5 . Exercise summary abatement powers to seize noise nuisiance creating property, including animals , in accordance with �I the City Code of San Antonio, Texas , Chapter 21 , entitled ed "NOISE" as amended by this ordinance. I • SECTION 3 . The City Code of San Antonio, .Texas , Chapter 21 , Article III , . entitled ' "NOISE" , is hereby amended to read "Code Compliance Director'.' wherever said Article has refered to the "Director of Public Health" , so as to totally transfer noise investigation duties, noise abatement responsibility and enforcement authority to the Code Compliance Director and the Noise Abatement officers serving under said director. J . l',s . I- t ii u 11L'rt'1nar !?r C 1'cgd 5�Gt10fl5 and • L..th\.' Subsections L7'•l E?iti:t.��.13iS :� ` i..t ode_ of San - _.,nt.t..odic, Texas, Chapter 1 ent.i•_1_ ra I,NoIS2' a..! hereby amended as follow;, ' ' Article 1i , �� q ec . 21-52 . Noise nuisance enumeration , , sub sec.SLL..SC.C:. C. : ;I j ' c. This section shall not apply in cases �,f lecessity in the interest of public cases 0 public convenience, including i S3 ty sp or in sort,, ;�4 I sponsored fiestas, parades ad publiceveflts.i.�. or }c::., i `ec. 21-54 . Exception*, .j (a) The provisions of this ordinance shall not apply to : (1) the emission of sound for the purpose of alerting .persons to an emergency ; or (2) sound produced by emergency vehicles ; oC • 'I ( 3 ) sound pr9dA.1GOd by a U !� is •moving .on a public Eh1"Cie 1'cloLux• while the v�-.ilialt p right of way, public waterway airport runway, or railway; or ' (4 ) sound produced by any governmental body in theperformance of a governmental function ; or • (5) sound generated at �� the a scheduled stadium' event orcn parade route during a duly permitted parade, or ,j at outdoor celebrations sponsored or co- span sOred jby the City of San Antonio, Texas , I s c• 21-56 . Enforcement. 1 1 ( - ) Administrative Stop Order. ( ) The Director of Code Compliance his designee, or '}is d d. 11y authorized Noise Abatement Officers may issue an order j tl-; any person having possession or control over noise j generating property to immediately halt any sound which I e.cposes any person, except those excluded in subsection; (.2 ) - blow, to continuous or impulsive noise level, in excess of those shown in Tables 1 through 4 , r� Ilowirlg g• Within five days ssuance of such an order, the Director of Cc C mpliance or hisapply +�' duly authorized representative may aptly ii tP the appropriate court for an injunction to replace t;;e AcJministra "ive Stop Order. ;I (f-) No Stop Order shall be issued if the only ie persa,ts :nosed to sound levels in excess of those listed in Tables 1 through 4 are exposed as a result of ; !I A. trespass ; or B. invitation upon private property by the person causing or permitting the sound . 01,) Identification of Violator . The persons responsible i ,r violations of this • arti.cle are identified as follows : !I d - rkny � --J.aault resicten�. present at the t:kme of nil f ulnl ih, � - J. any aau L ut. gu ,.8t Or a:'ul re.sp ` �,. eL" ;1 with the a ity to control the ;.ever not I .'��. time of .L_.i1e offense_ when no adult. resider i4 , present a the time of the offense . y (2) At Business locations . Any ht�5ine55 Owner, opGratnr, tanager, employee in charge, and all persons in control or in 1 p'ossession, of the noise nuisance generating h instrument or property at the time of the offense . • ( 3 ) At Any Location with An Unattended Noise Nuisance Producing Machine, Device , Instrument , r , 1 Child, Animal or Combination of Same . Any person who leaves unattended any machine , instrument, device, child, animal, ca, any COmb1fatim or same, which thereafter commences producing noise in violation of this ordinance . Qc) Seizure cf Noise Producing Property. The Code compliance Director or his duly appointed Noise Abatement - 1 fficer is hereby authorized to apply to any appr_opri.Yte agistrate for a search warrant for the purpose of entering rivate property to investigate and identify noise , nu..s::�..�...max producing devices, machines , instruments, or objects : and Couch identified property shall be seized to summar•il�, eb,Ilte dhe noise nuisance if : 1) any of the identified violators have been convicted of previous noise nuisance violation within the preceedinq welve ( 12 ) months ; or ii 2 ) the location of the noise nuisance has been declared a �abitual Noise Nuisance Source by the Code Comp? ?a ee irect or, after appropriate notice to the real propert-y ! wner or person. in possession of the subject noise-soc_ ce eal property, of an administrative hearing to be held ror H he purpose of hearing evidence and determining. whether the i Subject location is in fact a "Habitual Noise Nuisance ource" , Upon finding a location to be an "Habitual Noise Nuisance Source" , the noise producing property shall be immediately seized at the time of any subsequent %,io?ations whether or not there is a Previous noise nuisance conviction associated with the location. • .§uch seizures shall be for the purpose of assuring Continued cessation of the noise nuisance atter the • eparture of the Noise Abatement Peace Officers by secu4ng he instrumentality of the noise nuisance temporarily. The oise producing device, machine, instrument, or object hall be returned to the owner or person proving the ri9h f possession, or to his/her authorized agent , not sooner I h4n twenty four (24 ) hours after seizure. Any disputed ownership or right of possession shall be resolved at a II . _ r— N. _ r ,.,ay v 1 ' On nearing af. Antonio, before a magistrate .. r : CitySan Texas . Seizure c.� s " prUduOti ;� ,-,� ��tU;,aU , •; S?`tC;E'•. ,� 2,''0�. ty shall be accomplished ni _ , not �n lieu �?rti,��?. ::L C+[; r';•;> a � d nU o i_ municipal cipal court pr.•csecuti.o .� a :'d suit for injunctive relief and civil penalties .' s. yr . .Y _]. �nalLt.CJ . , " (d) Impoundment of Noise Nuisance Anima) . . upon r. 1edQtermination by the Code Compliance Director that any animal (s) at an identified address ; Ii City or location `wi:.thin the ty of San Antonio has produced noise cm . two I_ a n2ture and intensity that. . violates the s° a s r-J • ;� established by this Article, he may notify the resident �. occupant that the animal (s) are producinga noise : ; < ncF , ' n i��ar.,.� and that an administrative hearing shall be held for the purpose of determining if the animal (s) constitute c ntinu.ing noise nuisance which must thebe s s_i zure and impoundment untilsummarily abated 'n- . owner person Q r from whom t e animal was seized provides written consent of a not.hr r'I p .rson to provide shelter and care for the animal (s) in .a I f need property not less than 200. feet from any neighboring r+Sidential . structure, or until the tenth day f " impoundment. S sh all Said animals shall be destroyed . if .nOt I r. claimed on or before the ten ( 10) days of impoundment, S c. 21-57. Penalties, J A y person who violates any portion of this ordinance s 1 guilty 'of a :misdemeanor and shall upon conviction Ye subject to a fine of not less than thirty five dollars ' (r 3.5 . 00) nor mote than ttto thousand dollars ars p ( 'ice ; 000 . �:�� . r the second or subsequent conviction within a tweJ.. e m nth period, said person shall be fined not less th n II seventy dollars ($70 . 00) nor more than two thousand dollars • I (..2 , 000 , 00) .m SECTION 4 . ,f,, any ct1on, stlb c is Se , • hra:ae sentence , clause Tr p of this ordinance is for any reason held to be invalid Tr unconst ' tutiona1 such holdingaffect the . validity 1 in' shall not a fe of the remaining portions of this ordinance , 1 • PASS 'D AND APPROVED THIS .,zl day of December, 1.989 . • M A 1 0 R '' / l /• �'.. ATTEST ;`�j a� :•% .c.; q • City clerk »1 • A P PROVE t AS TO FORM: .' . , /, , City Attorney I .S. tr to V�) Ii.UJ.wL:, iasc ' I rt: t!l.J.of i C t J Jl;1.l c:l . .,- __ ....:., a, ie., u}J,:.,.:! r.0 J%UIJ inst ..'.. ..<, ....... r y who , son Seven, D OW 5, and said the beat- non-stop partying. The two remarried yews 2D+'ii?.i3nruversary of the inair noted British artist t ,r,io c, ings had left open wounds on tb-e on April 1. guratior, of George Wasningttort, "Two Oueens," the five cc snows him against background tines issued by Great Brit: child. Pryor s excesses have ruined many g a ound of t`„ . The couple reunited after Pryor': relationships and brought him close the capital Btai;ding in Washington, T'hee nPenny Blacny Black k itself. recent brush with death Down Under. to death. In 1980 he set himself on. D•C• t. , > ec of one of the stamps E ---- -He=tall=Flynn-that-God wanted hirn=tom-=lire while-free-basing-cocaine: --- J - =- _The_ 35-cant £eattares a portrait �f _',,et._ iThe other--ft.ve_honor Shakespeare on the 42:,t3` annive - (proposed stamp designs) . any of-lais-hirth_f_ts-borne in-St $- t e-f-in-a-d sig;t-eemi-veth-1 a : 0`._ � ford-on-Avon appears in the back- sheet bears a$1 stamp wit { ground. of Charles Heath, engra _- The 75-cent illustrates lawahar-- Penny Ella ek. . • Jai Nehrti, in honor of the inch am-A- The Marshalls aLso issu „ * :- ver sary of his birth. He is seen next four def;n°,ti e-z-; featuring r t ,. " - ` ;,. . r,r i to his political mentor, 14iohandas cal birds. The stamps, d. Gandhi noted wildlife artist Mich; I'!D DO you call if your neigh- cops are state-certified peace oTh- The $1 shows Dr. Hugo Eckner show the brown noddy, Iliff bor's-cantankerous parrot is ceps with police powers to arrest. and Ferdinand von ?eppe.in, and sa- - tropiebird, wand; t; squawking at all hours of the night? The duo work from 7:30 p.m. to 4:30 lutes the 80th anniversary of the great frigatebird. Or when a live band at an outside a.m., when the noise is most disrup- fist passenger zeppelin. • wedding party gets a bit too lively? tive, patrolling a downtown strip of The $2 depicts Chaplin,the world-. In San. Antonio, Thxas, you call bars and restaurants_ famous film comedian, in tribute iC1 Noisebustersi .Davila and Neaves are now so hi 100th birthday. A scene from one: Several countries have Rudy Davila and his partner Hor- well-known that bar owners .have of his films is in the background. for an omnibus issue of cc fives wits, a "Disney tw-is ace Neaves patrol the streets in spies posted outside to spot them_ . - The $3 stamp honors the harbor both Stamp World London search of noisy offenders. • Owners-of noisy animals.and bicu at H a mbuk g, r er-ma:ny, and the 15 th anniversary of the Br - Armed With .357 Magnums, also are cited if the noise cops can salutes Friedrich Ebert, first presi- Black. All were designed badges and a $7,500 sound analyzer, bust 'ern while they're squawking or dent of the German Republic. artists and printed in Lund( they stalk noisemakers with their howling. bur German shepherds T _ * # Depicted on the stamps apple-sized microphone. If the ana- were quiet as mice by the dine Davi- - Mouse and his pats in cc lyzer registers higher than 74 deci- la and Neaves arrived, as were 15 Spain has dedicated four new 5 � gFor example, one set sItovi bels, they issue citations. Fines • roosters. "They made chicken noises, stamps to the 1992 Seville Universal gang in Shakespear e}s pia: range from $35 to $I,D00_ The noise but not crowing," Davila said_ _ D Exposition.. Featured on each stamp ford; while another set fea is the et ent's mascot, Cuero, an ten,- ,• LroJ:c'Jng at famous i o sua,-looking bird with a colorful beak marks. - and crest. . THE SAt-!AMONIC,VAR—.Aunt.37,fl-,..,. • • £-_ y:r ;; . I KNAL . .1. _ .,1 . i, ., k..) . . , 1 '.1_..,A1 I_ ti.. 1 1 k.i 1111...A i ' • I: . 'I sr�, 1 i yO �)dry Joni, & COr�r� kry, irlc. .(l� Riln:! i forted _.�.� -- ...�.,-.-...... _.. - - V f Li), lggt�......... •_.�--I)r..t!i4on7, 'I•cFIS :.._. LpaF1tpPruodii T1 1-1t1511 f I (1)11,e. (`, ,r 1n,n;utr,nlortnn'. ;�.I1 San Antonio As i 1 • _ I.1 '_ ___. I 1 l 1 :, ' ,_ ��l�tlr lJ�1 . • 1 i 2- in - ,I ,, _._ j41i'l� !■SN ` I 1 • CG7tiritsCd r'rf)tri.h('tSt f�dge I _ �t' t(.��-� �cnes, fa!Iv,.a, hlz;er •bl:xxl ¢r^s::C and i { �� • I ` rt � t 'J••?i i?il 5 i .,V, �w '•C liven heart_Gaik5.It also call ct;, ip n• y �� " y�f �t1, + t CeblC?<.tl"'n:Ch`.,°dlYS9 nall;Ci.{ tG d niCO ;�; .� • .:l:, t...,,t tai.breal:ucu�. j f �ti:.t°' �1' *�,a5k,�l,;• '.� ,Or folks in Silo Antonio.; 'n.preYer, te. I hV, li lI7 ri �t t};:',." ., I; i �v,The city c sa, '.0�3; TJ t{ `s, h,J 1��i :.Lt'� •f! ).r/7 lief IS On the-wor i.a ty?t;l_r.et d le gm I I •lr:�1•• 1 h l t, !i �t - Orni.'for "ve..!nt=, hazardous" suu,td at ?; 1 1 1 1 T2t']t•1„t' f l 'ft.l.l ' ' ' Ma iadtt •iB?0erlbes lr,rrinst:nslan_c?.+'hey IraP'Suted i II MI s l w' h.. ••Ier(y ;I1ne 'tve'r? II i ... .,.,,,,,,,,,..._..,.,...,„...,,,,,,,m.,>s:,, !r;)til thi: 1;c a.k f • ' 1 PACER AND PAPERBOARD produc' ;. Herr to protect.!trz!r heaJlit."'kr:Wes Mr. • ,I• lion In 111p'r!,s. toll i l March to a;e3500', Dar1la , • ? What Slar(r-r.`:as a sb!lpfe eltort to hush l ;(ly adjusted annual CRCC Ot ?TA rtilll�ri i ins I . tons tram a revised 11.8 million tons In 1 y tip some ic' d bars prri;,aced the swcep e I Pebi'U 1;1, lit( AfllrtrlCS': !} •Ht PlFlltute euy Quiln,?no'ltiii4 fnikes'£d trt)s al .vei . the prescril,ed ilr.,iLi::a.'Jrse for)1-iummons. I ?no _ _--__ _-- r Ines Gu!1 ,.'a1:�0 IrUm ?15 td OC'i rierC 1 • Ir•r]--.-�.�lS/t/' 1 ( � altr.f a second offense.;a,tter�x third, thf• II. 1 �rr��•5�: Cops officers can seek a search w ant:,nd i e• • 'q r Iti9'?1 the source of the moist`•pc,tar,our:r. • 1 Ito, r� il. A't:: L'nio Are i i roar 50 cltstions have been'lssued. Mr, D,..int avid Mr, Neer ., ri(lousy I • _L?med IDa'n.geiQ3.G5 .ho'Irs--7;3O in:to 4:30 a.n'.-but that's 1 . when noise cr.ri ies most essll'aed IS most t s ° • Ii15ctintivp / I • their Grain target roost nigh is a strip I They Stand Boom Boxes, �.t5 •at bars And restaut•tlns aloof Si, l,tarys And an elusive t�.:ooner; . Street, winch dlvide.5 a restc.enttal neigh- 1 l boC11a>d• As wurll 51>r-•';ttS!hll It:e twodte j ri A I ttd, Nefarious Lau�llt ctI . heading down St. Ma: -s, voted . r� I . pae,ocuff-, .35-t I gn,::tts a�,e, .r:r ,o.tn^.. `Y . • analyzer swung Overone of their SIOUi' I Sy DAvio f) ,1lri'lil l ! i .dcrt. bat ereployees sci'amric to warn I sro/J rt[pArtar N[0 Tw:aS --41‘.F:4•QL•INaL I 1 their bosses. he , anagcr Qt 1�r;tr:kY's. a I SAN r,NTUtaIt); Trxas •- ft'Sr Fr1d'sy ! tx,p,,dar Ilve•nusli.spot,rashes Inside aft^r I ji night at the La Cucaraehe LounK-', In5ld+? 1 b:nag told his music Is t:x,:l es toil rrtlltr,,'. . the smoky,cavernous bar,a blaring?,iexl and obsectui,usll' a;t;,. "t1 th'a. better?" can-western band has the )(Ant Jumping. , ; o Davit?.cemplatns ti at he awl ail. I .b ut outside. Rudy .Davila and Horace. ; Neavesf are oecrnlnfnt;,tU4 well 'AnJ)'i n , Neaves are.atxTut lu ve the bar the Went '-Eventa;a;iy. '•'t may lave to it bttr,rr- I treatment. I cover." he jokes. Al tt111t, the two for s I The two ht11kca figvrrs In gray and I their truck blocks away a1i(i ,tip through 1 4'htle unl[arnte case their white pickup l h.;ck alleys to;,ail r.-'1 unsuspecting dec10.?' truck to the curb and aim a Mack apple- • �<vla(e:, I t Simi microphone toward the din spilling Mr. ra?a',es, a :ortr,r;r t,oL ;ice .cTz"aai 'I' into the stre.let- A dial on the attached box and c, cr,p for if years tickle taring tki swings to the figure ?ll. Jot'', admits that some of Ili, former c.at- 'i}urrt'Ern. 'Ufders the 5.foot-4 ut, 'Oa. I leagues poke bun i'`t him,t'dCiil:'�y :UhSf•.0 1- I , • vile, as he and Atr. ?leaves hlle out, trod ously rinii;t when lie's ar und. lt10 lawnittn irarn some pkl Western. part i i • "I. ct:n'( betleve. hear (1;ter it is- says.l • a wake through the revelers. Thy SJof a I • • Mr. Davila, el e l in a cro'xd of young i rleket CIUb S owner that will mean i bar hgpS'rs r, nar;,r';Slim."r:tore, 1 S9tt In lines and Poutl costs, - I you couldn't 1 a C. nvcrs:,llar, out I •tli!%?0,.9t) .1. 24 4L'270 4488 t.•1 1 Y ATTORNEY CPNEY A (2,1‘. ),(.: 'I Il I 1AI-r i >ct—y--,a..2.'t— <'s• V' r` , !I ` I - url'S.Se,t :or J(Ict,!sa i rtem. Forget the Alaimo, San Antonio has Most rti5idi:nts-•Cspectaay those over i I nvvr, nod Some think equally lost CaOse: ' 4'—,pralsr the effort. "I'm to (rrr of It. ! enforcing a slx•monlh•pld city•.ordln=.nce t hat.aoi4e.0' says Lai ry itor•air while, 43. I 11 • •making'h(t'ifiegrrl,W.ba;!oo'lou4.•; &1(e iolin i Vat's notew:;r:hy, tor Mt.White recently I i Aba(Cnieltt Is h,)thttig ii W,(Jt,';C111Y4(,}t ' was t(ckeled bet!Alt:e ri role.);n roll "bar: too much of a r,lckrl anywhere, nil.(! you 1 playing on ilia paflo(a>his dad?tiler's wed, i I can earn n dlsturbIng•th+:•peace citation. 1 d!,ig reception was m k.Int, ire, much ' Many titles also have specific limits for I rae,.el. • everything h'om ,:.a: mufflers in jet air• .:U!rle(sta,lldnbly, tte. 29•yeAr•old bride pldncs. nut most enforce their rules case,. I was a little ltss:ha',liable at ut the efts• byr.ase, In response to complaints, often I U . She. "though it was l irioie," Mr i• tlsfhg o!(dul} jolicb rJ(tlr;rs. While admits. The floe ha:, tbrc,�ied after >ian Antonio has tlptocd Oho 5l0 be• 1 kit. White wrote, to a JJ)gi, ixa!nting 0:it I II ynndt in Site duo of Mr.D:+vlla,29;and irlc, :• uta., Was r. first•tt" , 1 ? it' ` ho ' tit ill e1.F•ad that }I , . . :I !leaves.57,It has a re.w,(ulhUrrie t?san')I house was really "fro} a fig .noise'ten- i (.effIcial nolse•bttsters. The. 1Nq bent :opt ter." • Il • are empowered not only tb answer com• .!ow,ne:s or sbme I"I night sells ar. I , ,I plaint; but also to sample airl,leni sounc}s iez�enthatlast}c.'.'ti 1 had!nE'xnt the noise I I • I, and wril� c1tGt!ons at will. To get the job l ordlnanee u-as�;ol. i(ito eyt',t I iso;lld.^.'t I• dime,they have been outfitted wait a 1,7,6M Moe gotten Into this l��'sinels," Canti'1'.os ' I portable sound analyzer.'irdge;and guns, bar owner'Majty Bane41.gt rcestricts yo,i so 1"To my knowledge .. that's unique." , , much', you can't'do anythli gi';.• i i says .Iosrph $0wrowski, director of the left,'. iy Bane 1(1S IkkNn, i?ra:?'Jt!Or15. i • Nose Technical Assistance Center at rtcw ! though..Alter being fined S35 for hAvint(,; , I Jersey's Rutgers University.. I • tbo-loud band, e:stxnt nrao3'her.i:5 tin ui£ So far(the slleoce sentrlei have brought • i 'ova ndlo;; a ,1ac!{ decibel rQIgder bill trier; i to justice eereral raeeouc saloons and, r "! !flied safnon? itt.i� tr� hbsr to use It, as i I , • • alas, A hnplesi hridg and groom whost ' '1- c ti,}il /!,s to 'warn hits.,wrion tilt'rals.•con6. I wnlding ineption bud 'xc FS Lit ItJo n, 1 1P Ssul i t d, I(l!usl.atic, Thy•vt alga Stalkd a canlan' , Cl5Jd. toR d l �pi fi of 11 , :1 , ., : i{t, I kerous parrot,Nome obnollouz rvAor,~; l , ' , �iff ((yy( �ti� �{t'ii� }k,ryy t �tryii i;yyyA��SSt''11 ti•''' r;"t;7' t 'M�U,.,�Y .ttl.l' II`t'�• . Ci NI f.Vli�„7 I:Jt L,.( 1 „ atld a man who, clad only in tS(lerwrAt, f ':1 . , )(Thar till,;o?uni o;rs."�tVlJJtlortl )X tap: l ' i`erl(H1ically sere ii:do Ills nett db i neigh- 1 plays:"out ;toot;niti !mingisd, mute oo '•fir• _ + itO.1ou.9'counter aitt,_I(.t 1Jien t' . i�a,'tiii ) Ring-tag tag Jr Change anti;itr c.,Et 5 w 2a ,!;, up,se Lt r;�: r'.. 1 • , •t'het'':e even busted C':'a;.➢oft oi.T11;v 11 I 'Mill 1aU.a: th:el'1.,9i'.e t(to t•'r.a i!:(la(%I;R, 1 I forced lite South 2..nt.Aciora t(npt'Jst I n,ldtft•N:s iC! IL.'.,'ilc('C rt.i^.p;':_,n i,:{ { I (1 )ilL e'.7,Oil'iolt i '1 r,:, r.+ht(th tQ Ione down Its Cell t.oVr chiM)'.1, 1 r (f{'F. ,C.L`{'li:dt i.;' ;li i T11'? Cliline prof ralnrne 1, p!av Ftrrrins (rlend c(';` Clsiid Inv. lei ilt flit' tiff_ ( ,I • }, 1(,rtdiy t,d (1.irlsfRol: only during the thy, tievF!cped Est pact ^' i I 1 habit of lrin t11CtiOnhrg in tr(e tq¢•) 'r,rttr'S, . D17.,,i1R ihr. t,rti(nb!lag ''Till ha�In,t'. , I I v=o Sng ro"i I ors U:, traie3 of"flow,real I owliur'S ;lie .:i "„ t: '�•-'rIn 11i.'ma tent (1(:.: i 'I ' ,, i COI1i? itq;(1~rowdy ti;tiY4?.i' ,Yi10 C„':� 1 i0/31 Alt." I 1 - _ I e e S lf`do as leapingdefy the ec1:.ill•iS, Saps kr. Davila -HA,�I Some se .,an ill '.r Into:, • u(et cans.) ah:gi:Sorrd by the federal.t;nt'••• i towering 2 -pound ott1ccf got Into a t-Cti`• S l•.'Iit(teiit.Around l)r i tr r r• :• 'ic with on( 4Ir11:IKe0 ma 1Yrio C.;Anrd I.0 ! I r (;il try,"ih.rCur_a '( in:o(rt' alatfnns,Mitt t.`!fy aren't ilflr.r f.n• ! be c-'alril:.ling a co'15;Itiillo lit(right to TOO;.' ! 1 n ao se. •h? eP.COuntPt '2'.._; iio contest, tCn%cU, maitit:i)Cv „I. ,orAirct,r 4;, ';.le , I i ];tyg((41•i(,1!7 C'r. iiob, t'ci,�tlt]I P.IIJC:C`•:i•t,r" t i Tile dynamic!Jun_. .otuF tits Wlii1.iri•::It ! all (gut ElIt19(1;vl,l;(?ep(uti l'.t(iil5 at(the i haft ic1::'00.1;?ini 0:rt'TO' SucCe•55(er .t l T•i(! }i'illrnelllnl r'ftPcll.,t ,AcelIC}'. I• ieudltw'Itt,C-r.l pa.' flew •,a r:Yln as fro• t :. 1 I )1-rl,esi,"VIc(.,.mitt;'P.n hi:rta,;.,I•.(r,.•!‘,.-i trir,!'et,('Pr he say ,"'Op'i (end ..,stl' :n.IN the hkriol li etleets of :toi.su. At 65 l c 'I I', of .y}i, 61? it ;r.'i .1,. l °f It L.rli' n >t e iliirl,- V1 ra e I ve' of P. se In ,l_tt s re,a}.•�. Four ,,,. F r. ! I C£: !bp}s-lh.e s ? K c I rii k.e t banind a+:lraln•Iln°i fence .,e '1:(;ai :,:..ahaltan, the .country's loudest urban G ^at^', -Idol?1-Nr*•s wish normalccnver sn• (leer; the Siietit t O'ltii?ent. "',fp '•+'f i t";t • i I t1o� three different limes and lifey fir•''r'- ''r!: r,nt noise above 2S derihe}t;•-Su'!1 batkrd once," .he a(lds, Add 1:. rtF.'Sirr's i 18 eight tt1t1r5 Of a SCi?dlnitl'� ~III}d—!'an • that nccupi^t? a hark yaakd pallid till -l(• 1 I I dcatic!:^caring. adds Joseph .i,alztl, ex• stun:. A. ih' o(tlees :vxi:cd isir :he 1 mol'r,ing son;, nothing It.anneocci, "i`.; ; F'ceKh'c :lIzactor of Better EitatIng insti• , t nnde C)lCk(a no se5, but ;L Cri'v::';..'I . Ilutl. `'li:; i;ny'ouJ noise .an:as blood •vessel Co.riractt0tis that nrottiuce lle;i:I. I 5$YS MT. parli(i, l i 1 ii n,;e 1'lrrl En Pngr AS,COiit)irn( 1 ThOu :!it>rl;'s• 111e !i 51.041.14.;5•':tn'.:i1'r .,....--_. ... .._..,___ .. ._. ._._ __-.. who repori011y S(ar'4is+t;'. rile co :lt ..3'O l ,11 s,,'l in his sli i'i(¢, w'!t!E2 Ice ;''I'!, re, ;cis I "+ ,. -i.'-.tr .,.`41p b.:'.n' LL{t•y,,!'ii I. window. Ever, lir::e, nit, no-rlurlai Dan t Jean I:ra!rr,:t afore th•;Ic1sc baler's 5.to�t -We think he oisni-Ip oars '4:ru iia 1 .i her make A phone C1i1 to Ilse p . •1, 'I 'l aav•t, Mr, Daviin. lt' blmrir• ' lli• .,"I;r:i i •.,'lth 4 Silnni si,tlte, • • i cc AFFIDAVIT OF PUBLICATION 50640 Kathleen oover � ,being first duly sworn on oath states that he/she is e Chief Clerk of the I^ CITY o TO 4. VALLEY DAILY NEWS e NOTICE OF PUBLICREN HEARING BY RENTON CITY COUNCIL • Ke7t Edition • Renton Edition • Auburn Edition NOTICE IS HEREBY GIVEN that the Renton City Council has fixed the 6th day of Daily newspa ers published six (6) times a week. That said newspapers August, 1990, at 7:30 p.m. in the Council Chambers of the Renton Municipal Building, are legal ne spapers and are now and have been for more than six 200 Mill Avenue South, Renton, Washing- months prior o the date of publication referred to, printed and published ton, as the time and place for a public hearing to consider the following: in the Englis language continually as daily newspapers in Kent, King A draft ordinance regarding ise gener- County, Washington. The Valley Daily News has been approved as a legal ated from stereos or sound systems in mov- newspaper by order of the Superior Court of the State of Washington for ing vehicles. The ordinance will contain a definition of audible noise at a distance of King County. 75 feet from the source,and will set the fine • for violation at$250.00 The notice in the exact form attached, was published in the Kent Edition Any and all interested persons are invited X X X X X X to be present to voice approval,disapproval Re ton Edition , Auburn Edition , (and not in or opinions on this matter. supplement orm) which was regularly distributed to its subscribers CITY OF RENTON during the below stated period. The annexed notice a Public Notice Marilyn J. Petersen, CMC I City Clerk (Notice of Public Hearing) 4345 Published in the Valley Daily News July I 20, 1990 was published on July 20 . 1990 ; The full amount of the fee charged for said foregoing publication is the sum of$ 19 - 95 .1"(atial- I Z1-0-61--u-e. 2nd August 90 Subscribed and sworn before me this_ _ day of 19 161 ;:y Public for the State of Washington residing at Auburn, King County, Washington VDN#87 Revised 4/:9 Augrist 6, 1990 _ Renton City Council Minutes Page 238 PUBLIC HEARINGS This being the date set and proper notices having been posted and published Zoning: Dunc.n in accordance with local and State laws, Mayor Clymer opened the public Annexation & Concurrent hearing to consider imposition of R-1, single family residential, zoning for Rezone 'I the Duncan annexation area. The subject site is 42.54 acres bounded by Jones and Lincoln Avenues NE, NE 43rd Street, 112th SE and NE 36th Street. The annexation was requested by property owners to secure adequate domestic water service, fire flows, and sewer service for future residential construction. On March 5, 1990, the Council held the first of two required public hearings on the zoning of property encompassed by the Duncan annexation. At the first hearing, Council indicated that the subject site could be a rezone to a density higher than single-family, consistent with the City's Comprehensive Plan but expressed concern regarding the City's ability to provide adequate fire protection at this time. Senior Planner Rubin Yu indicated that on May 28, 1990, the King County Boundary Review Board approved the Duncan Annexation/rezone, arid on June 25, 1990, the Renton City Council adopted Ordinance No. 4275 approving the Duncan annexation. Mr. Yu reviewed the Planning staff recommendation that Council approve the rezone to R-1, single family residential, zoning on the subject site. In response to Council concerns regarding adequate fire protection in this area; Battalion Chief Glen Gordon said that the fire service issues at the present time are water availability and the location of Fire Station 12 which would be the first response station for this area. He explained that most of the recent building in the area has been commercial and presently sprinkler systems are required in new structures. Chief Gordon also commented that he would strongly recommend that sprinkler systems be required on all residential building in the area. To mitigate concerns about fire protection, Council President Mathews suggested that a G-1, general, zoning classification be assigned to the subject site as a holding zone. Mr. Yu explained that all of the existing hones in the area would then be non-conforming and would not be allowed to rebuild if destroyed by fire. Ralph Shaw, 8415 110th Place, Renton, said that since he has a home in the area, he is concerned about possible establishment of multi-family residential zoning in the annexed area. He commented that fire protection is also an issue of concern to him. MOVED BY STREDICKE, SECONDED BY NELSON, COUNCIL CLOSE THE PUBLIC HEARING. CARRIED. MOVED BY STREDICKE, SECONDED BY EDWARDS, COUNCIL CONCUR IN THE PLANNING DIVISION RECOMMENDATION TO REZONE THE PROPERTY ENCOMPASSED BY THE DUNCAN ANNEXATION TO R-1, SINGLE FAMILY RESIDENTIAL, AND REFER THIS MATTER TO THE WAYS AND MEANS COMMITTEE. CARRIED. Councilman Stredicke requested that the administration notify the Council of any construction within the Duncan annexation area. Councilwoman Zimmerman requested that the administration investigate the cost of construction and staffing for a fire station facility to provide adequate fire protection services in the annexed area. Planning: Noise Level This being the date set and proper notices having been posted and published Ordinance, in accordance with local and State laws, Mayor Clymer opened the public hearing to consider a draft ordinance regarding noise generated from stereos and/or sound systems in moving vehicles. Correspondence was read from Mary Wolfgram, 204 Meadow Avenue North, Renton, expressing support of a noise ordinance for the City and urging regulation of sound systems and other noise disturbances. Marge Richter, 300 Meadow Avenue North, Renton, stated she lives on a corner lot and is disturbed by a variety of noises constantly. She expressed concern that the proposed definition of audible noise at a distance of 75 feet from the source would not be an adequate measurement for homes on small lots located on major arterials, and suggested that the posting of signs might assist in the control of excessive noise. Versie Vaupel, P.O. Box 755, Renton, expressed her support of the noise ordinance and suggested that other noises, such as bus and truck back-up beepers, commercial pagers, lengthy running of auto/truck/bus engines, auto \ I August 6J 1990 Renton City Council Minutes Page 239 horns, and auto repairs be regulated in addition 'to "boom boxes", radios, and similar music producers. For the record, Councilman Stredicke announced that Bob Larson from Renton Hill, Eugene Parsons from Rolling Hills, and Blanche Karinin from Maplewood Park, called him to express their support for a noise ordinance. In response to a Council inquiry regarding measurement of noise to be designated in the ordinance, City Attorney Warren said that he would prefer that the decibel rating be designated for a specific distance because this kind of measurement is more precise and more capable of proof. He also stated that measurement equipment would have to be available to the appropriate personnel. In response to an inquiry regarding the City's present noise ordinance, Mr. Warren recommended that Council investigate the factual findings regarding the regulation of noise prior to making a decision on whether to amend the City's present noise ordinance or to establish a new ordinance. Councilman Tanner said that he had requested previously that staff contact San Antonio, Texas, regarding the noise meter program in that City. Mr. Warren said he would obtain that information for Council. Council indicated an interest in investigating decibel meters as a measurement'devise to be used for enforcement of a noise ordinance. Versie Vaupel commented that even without a device to measure sound, this ordinance could be used as a warning by a police officer to enforce la complaint against a violator. i Ralph Evans, 3306 NE 11 th Place, Renton, commented that even with the use of decibel meter readers, a distance measurement would be required. Councilman Tanner explained that the decibel reading is a pressure reading, and is based on a scale that is supposed to approximate the average human ear. Dennis Anderson, 3300 Lake Washington Boulevard North, Renton, indicated a preference that the ordinance include a time restriction such as, no noise after 10:00 p.m., because he did not believe this ordinance as proposed would be enforceable. Sandy Webb, 430 Mill Avenue South, Renton, commented that he felt this ordinance would be very difficult to enforce even with decibel meters because a meter is something you use when you have source and a target. Councilman Edwards indicated that he would like this ordinance to be enforceableenforceable against noise levels at home or in a car and expressed his endorsement of a decibel meter. In response to a question from Marge Richter regarding whether the present noise ordinance applies to holiday noise, City Attorney Warren said the would check the Washington Administrative Code (WAC) to obtain this information for Ms. Richter. MOVED BY STREDICKE, SECONDED BY MATHEWS, COUNCIL CLOSE THE PUBLIC HEARING. CARRIED. MOVED BY STREDICKE,I SECONDED BY TANNER, COUNCIL REFER THIS MATTER TO THE PUBLIC SAFETY COMMITTEE. CARRIED. Appointment Executive Mayor Clymer introduced Jay Covington, Executive Assistant to the Mayor, Assistant' who began his employment with the City on August 1, 1990. Mr. Covington was formerly Assistant City Manager for the City of Vancouver. AUDIENCE OMMENT Ralph Evans, 3306 NE 11 th Place, Renton, referred to his previous ,inquiries Citizen CI m •ent: Good to the City Council regarding the lack of City action on a zoning reversion Shepherd'Gr a up Home for the Good Shepherd group home property on NE 19th Street, and called (NE 19th1'Str•et), R-010- attention to Ordinance No. 4212 which states in part: 88 "Good Shepherd of Washington agrees that failure to develop the property according to the terms of the Conditional Use Permit within one year, ...shall cause the property to revert to its prior R-1 zoning classification." Mr. Evans requested that the City Attorney be asked to evaluate the ordinance, determine whether Mr. Evans' view of this statement is accurate, and if it is not, determine what the interpretation of the ordinance will be. August 6, 1990 Mayor and City Council City of Renton Renton, Washington Dear ,Council members: and Mayor Clymer: I strongly support a noise ordinance for the City of Renton. Our lives are already filled with too much noise from unnatural sources that disturb young and old alikle. It can affect our ability to function in a healthy, normal manner, adding tb an already stressful environment. 1I b lieee we need to regulate noise from car sound systems , "boom boxes" and radios and also when an individual or individuals are in close contact range with other disturbing noises, such as cars idling, gunning engines, loud individuals , groups scouting or continuously harassing--loud human sounds. All these things need to be considered for a better quality of living stand- ards. Thank you. Sincerely, GLuy�1 ' /2/144.4AL) Mary Wolfgram 204 Meadow Avenue N. Renton, Washington 98055 Submitted at public hearing Renton ity Council Meeting of 8/6/90 Noise Ordinance Augus 6, 1990 To: louncilman Richard Stredicke • Thank you for proposing a noise ordinance regulating "boom boxes" or similar noisy intrusions. We support such an ordinance. Becaule our houses in North Renton are located on small lots, our living space are constantly invaded with unnecessary noise such as from boom boxes. I hav n't seen the ordinance, so I don't know if it includes other types of noises. Several of the noises that we have to put up with in our small-lot area are: Boom boxes, radios and similar music producers Bus and truck back-up beepers ommercial pagers lengthy auto/truck/bus running Auto horns - we have a lot of impatient drivers going through our area Auto repairs and working on autos I wou'd mention that some jurisdictions have restrictions, not only because of noise, but because of auto emissions, that prohibit running of auto engines for nit more than, sayyr three minutes (or whatever time a city chooses) unless on fr1eways or similar situations. 7:4- 1•1.e,i4.- 07.. Z41Le----e - Warren F. and Versie Vaupel P 0 Box 755, Renton WA 98057 Phone: 255-3684 Submitted at public hearing RentonCityCouncil Meetingof 8/6/ 0 9 Noise rdinance tt • I I I CERTIFICATION ilk STATE OF WASHINGTON) ss. COUNTY OF KII NG ) i < v 1 731)--ed(ey HEREBY CERTIFY THAT) COPIES OF THE .ABOVE NOTICE . WERE POSTED,'BY rME IN THREE/OR MORE CONSPICUOUS PLACES ON THE PROPERTY DESCRIBED AND TWO COPIES WEFRE',PG'T_ED AT THE .RENTON MUNICIPAL BUILDING, 200 MILL AVENUE S. , RENTON, WA ON DATE OF (l—` - ��`iv. . . � I SUBScl'1:1k ND S 0 TO BEFORE ME this 7(0 day of , 19 90 SIGNED .�Gtlws� Notary Public for the State of Washington, residing at II • • • �I I • • il• , jl R PUBLIC HEARING August 6, 1990 To consider a draft ordinance regarding noise generated from stereos or sound systems in 'moving vehicles. The ordinance will contain a definition of audible noise at a distance of 75 feet from the source, and will set the fine for violation at $250.00. Locations of postings done on _, 9 /4 , 1990. r r + 272 - 5� 2 /NE /1 d1 6- `f rw42oi= 4-0 Gig 3. Air 1.2 14 /NKLi d ,¢ E. 4/ GIV) 1-14rtrr 0y fom /)u 4. 5. HA r r;00e/i 't , ICE ' S-f 6. soc. /4/�„ 8. Hu, y // Go s F/ (bc-, / N 9. L.gKP 14),(45to'mlev4 7 130eue# 4u 4/ C /(ebte.y66Alf Z/ ('� (�vt'e 66A)I6vi p-re) 11. P R-s`E A v fi N k 5 f 12. a ° M4 41✓1/ 4 5 13L ,pudc(.e.-1 or 4-1- E to14$ At, 5 14. 32 � 5r .� O�i5 v d S `� S} 3 15. N ��" Mi'1r ,v tiw 16. fru S 5 0/74 sf 17. -6() ( 3 w4 18. edc,--)Cl( 5to Cyr 1 , 5 Lc) 50 n see{ 4314 5 f eces to_ v 20. J S'Ad/h ��Q i vt rn mil/ ^ael c� 21. Lip �tl Sc5 f see_., (C. . 5 /- 22. /2 7 C 17/d) ft ?y5 ,3 mnlf 5 24. 203 T9/4 i 415 25. No T RENTON CITY COUNCIL pi BLic HEARING AUGUST 6, 1990 ON AT 7:30 P.M. RENTON MUNICIPAL BUILDING COUNCIL CHAMBERS 200 MILL AVENUE SOUTH I � 'I To CONSIDER A DRAFT ORDINANCE REGARDING NOISE GENERATED FlOM STEREOS OR SOUND SYSTEMS IN MOVING VEHICLES, THE ; ORDINANCE WILL CONTAIN A DEFINITION OF AUDIBLE NOISE AT A DISTANCE OF 75 FEET FROM THE SOURCE, AND WILL SET THE FINE FOR VIOLATION AT $250. 00. IANY AND ALL INTERESTED PERSONS ARE INVITED TO BE PRESENT T VOICE APPROVAL, DISAPPROVAL, OR OPINIONS ON THIS MATTER, Complete to legal' ' description r further formation available •n the City Clerk's Office 235-2501 VVY/0" Gr 6 W� eJ�li%Y w/i '� i4% I Gr �i• i available in �/ ID e rning " The removal, mutilation, destruction W or concealment of this notice is o nois- e demeanor punishable by fine and imprisonment. __ NOTICE RENTON CITY COUNCIL LIC HEARING P:I., B ON AUGUST 6, 1990 AT 7:30 P. M. RENTON MUNICIPAL BUILDING COUNCIL CHAMBERS 200 MILL AVENUE SOUTH TO CONSIDER A DRAFT ORDINANCE REGARDING NOISE GENERATED FROM STEREOS OR SOUND SYSTEMS IN MOVING VEHICLES. THE ORDINANCE WILL CONTAIN A DEFINITION OF AUDIBLE NOISE AT DISTANCE OF 75 FEET FROM THE SOURCE, AND WILL SET THE INE FOR VIOLATION AT $250. 00. INY AND ALL INTERESTED PERSONS ARE INVITED TO BE PRESENT 0 VOICE APPROVAL, DISAPPROVAL, OR OPINIONS ON THIS ATTER. Complete legal description &further information available in the City Clerk's Office - 235-2501 I 4 , The removal, mutilation, destruction or concealment of this notice is a mis- e r n n � demeanor punishable by fine and imprisonment. I i CITY OF RENTON ' NOTICE OF PUBLIC HEARING BY RENTON CITY COUNCIL NOTICE IS HEREBY GIVEN that the Renton City Council has fixed the 6th day of, August, 1990, at 7:30 p.m. in the Council Chambers of the Renton Municipal Building, 200 Mill Avenue South, Renton, Washington, as the time and place for a public hearing to consider the following: A draft ordinance regarding noise generated from stereos or sound systems in moving vehicles. The ordinance will contain a definition of audible noise at a distance of 75 feet from the source, and will set the fine for violation at $250.00. Any and all interested persons are invited to be present to voice approval, disapproval or opii ions on this matter: CITY OF RENTON • Marilyn J. Pete n, CMC City Clerk iIi D TE OF PUBLICATION: July 20, 1990 Vail ey Daily News ,Account #50640 � I I i �� r r + July 2. 1990 1. nton City Council Minutes Page 203 MOVED BY TANNER, SECONDED BY ZIMMERMAN, COUNCIL CONCUR.IN THE COMMITTEE REPORT AND REFER THIS MATTER TO THE WAYS AND MEANS COMMITTEE. CARRIED. Annexation: North Soos Councilwoman Keolker-Wheeler said she has received some draft fact cards Creek (Fairwood) for the North Soos Creek annexation study and asked what method has been established for receiving comment. Public Works Director Lynn Guttmann requested that comments be sent to her for response. Parks: Trees on Sunset Councilman Stredicke expressed his appreciation for the detailed report Boulevard forwarded to him by Acting Parks Director Sam Chastain in answer to his query at the June 25, 1990, Council meeting regarding the condition of the trees planted by the City on NE Sunset Boulevard . Planning: Noise Level Councilman Stredicke stated that he received a letter requesting direction Ordinance from Council from Assistant City Attorney Zanetta Fontes regarding the noise ordinance he proposed at the July 11, 1990, Council meeting. MOVED BY STREDICKE, SECONDED BY EDWARDS, COUNCIL SET A PUBLIC HEARING ON AUGUST 6, 1990, TO CONSIDER POSSIBLE LEGISLATION REGARDING NOISE FROM MOVING VEHICLES IN THE CITY OF RENTON. CARRIED. MOVED BY STREDICKE, SECONDED BY ZIMMERMAN. COUNCIL INSTRUCT THE CITY ATTORNEY'S OFFICE INCLUDE A DEFINITION OF AUDIBLE NOISE AT A DISTANCE OF TO 75 FEET FROM THE SOURCE. CARRIED. MOVED BY STREDICKE, SECONDED BY ZIMMERMAN, COUNCIL SET THE LEVEL OF THE FINE FOR VIOLATION AT $200.00. MOVED BY EDWARDS, SECONDED BY ZIMMERMAN, COUNCIL AMEND THE MOTION AND SET THE AMOUNT OF THE FINE TO $250.00, THE SAME FINE AS SET FOR UNMUFFLED COMPRESSION BRAKES. CARRIED. ORIGINAL MOTION AS AMENDED. CARRIED. Council requested that the ordinance be reasonably consistent with other legislation of this nature in surrounding communities; noted that the draft ordinance will be a basis for discussion at the public hearing; expressed concern regarding enforcement of a noise ordinance; and suggested that staff investigate ways to enforce such an ordinance. It was also noted that the City of San Antonio has a noise measuring device that it uses to enforce such legislation and suggested that staff contact that city for enforcement information. CAG: 90-045, Mosquito Councilman Edwards suggested that Council send a letter to the State to show Abatement Program support of Mayor Clymer in his efforts in regard to the Mosquito Abatement Program. MOVED BY EDWARDS, SECONDED BY TANNER, A LETTER SIGNED BY THE COUNCIL PRESIDENT BE SENT TO THE DIRECTOR OF DEPARTMENT OF ECOLOGY TO EXPEDITE THE MOSQUITO SPRAY PERMIT IN THE RENTON VALLEY AREA. CARRIED. ORDINANCES AND RESOLUTIONS Ways and Means Committee Chairman Keolker-Wheeler presented the following ordinances for second and final reading: Ordinance #4276 An ordinance was read vacating a portion of S.W. 31st Street (Glacier Park Vacation: VAC-89-004, Company, VAC-004-89). MOVED BY KEOLKER-WHEELER, SECONDED SW 31st Street, Glacier BY STREDICKE, COUNCIL ADOPT THE ORDINANCE AS READ. ROLL Park Company CALL: ALL AYES. CARRIED Ordinance #4277 An ordinance was read approving a Preliminary Planned Unit Development PUD: Preliminary, located in the vicinity of the 2200 block of Jefferson Avenue NE and Honey Creek, PPUD- generally south and southeast of Devil's Elbow (Honey Creek Associates, 015-84 PPUD-015-84). MOVED BY KEOLKER-WHEELER, SECONDED BY EDWARDS, COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL: FIVE AYES: MATHEWS, NELSON, TANNER KEOLKER- WHEELER, EDWARDS. TWO NAYS: ZIMMERMAN, STREDICKE. CARRIED. t July 2. 1990 nton City Council Minutes Page 205 Planning: Posting of Referred 5/21/90 - Council inquiry regarding location of posting for public Public Notices notices (SEPA, etc.) to improve their access to the public: Memorandum from Ken Nyberg, Community Development Director, stated that staff has consulted with the Finance Department on this issue and offers the following comments: - City Clerk's office is reviewing a variety of options, including more extensive use of the public access TV channel. - Community Development is training staff to post the signs in more prominent locations with easy access to parking wherever possible. - Community Development has proposed a requirement that developers prepare 4 by 8 foot signs so citizens can see them more clearly as,they pass by a proposed development site. Public Works: Referred 5/21/90 - Council inquiry regarding maintenance of alley in 400 Maintenance of Alley, block between Cedar Avenue South and Mill Avenue South: Letter from 4th & Cedar Mayor Clymer to Ms. Marina Webb informing her that the subject area was investigated and the Public Works crew trimmed the blackberry bushes that were protruding into the alley. WSDOT: I-405 S-Curves Referred 5/21/90 - Council request for information from former residents of Project, Information from houses on Renton Hill to be torn down for SR 405 S-Curves project: Former Renton Hill Memorandum from Lynn Guttmann, Director of Public Works, stating that an Residents investigation has revealed a range of concerns regarding WSDOT's acquisition of property on Renton Hill: 1. Insensitive or belligerent appraisers and negotiators; 2. A perception that the State was offering less than fair value for the properties; 3. Delays in payment of relocation assistance; 4. Loss of rental income; 5. Unwanted capital gains; 6. Unnecessary haste to vacate residences; and 7. No compensation for intangible losses. Public Works is working closely with WSDOT on the possible additional acquisitions on Renton Hill to try to alleviate as many of these problems as possible. City representation has been offered to property owners when meeting with WSDOT. The Department continues to work with WSDOT to encourage exploration of all options with the residents and owners on Renton Hill. The City has been represented at meetings between WSDOT and property owners to monitor negotiations. Councilwoman Zimmerman questioned whether letters had been sent to Renton Hill residents asking for input on this matter, and stated that she will research the record and discuss this matter further at the next Council meeting on July 9, 1990. Planning: Noise Level Referred 6/11/90 - Council inquiry regarding the development of a noise Ordinance "boom box" ordinance: Memorandum from Zanetta Fontes, Assistant City Attorney, indicated that the Legal Department has looked into adoption of an ordinance regulating noise, particularly from car sound systems, which is similar to ordinances which have been adopted in other jurisdictions. Guidance from the Council was requested regarding the following issues: nature of the sounds to be regulated, distance beyond which the sound should not carry, and amount of the fine to be imposed. (See earlier action.) Police: Animal Control Referred 6/11/90 - Council inquiry regarding the availability of information on lost pets: Memorandum from Police Chief Alan Wallis informed Council that he researched Council request to put the description of impounded animals on the City's cable channel and found that approximately 20 animals a week are impounded to the King County Humane Society. It is possible for a copy of the impound report to be forwarded to the City Clerk's office to enter on the information channel; however, King County Animal Control personnel presently refer people to the King County Humane Society when missing pets are reported in the Renton area. Chief Wallis suggested that a message be put on the cable channel advising people with lost pets to call the Humane Society and/or the Renton animal control number for information. MAYOR'S ADMINISTRATIVE REPORT RESP NSE TO CITY COUNCIL INQUIRIES AND CITIZENS CONCERNS JULY 2, 1990 Sub iec Date Lack of siding on apartment building_ located in 3200 block of Lake Washington Boulevard May 21, 1990 Location of postings for public notices (SEPA, etc.) to improve their access to the public May 21, 1990 Maintenance of alley in 400 block between Cedar Avenue South and Mill Avenue South May 21, 1990 Request for information from former residents of houses on Renton Hill to be torn down: What was their experience with DOT? How can we make it better? May 21, 1990 Noise "boom box" ordinance June 11, 1990 Availability df information on lost pets June 11, 1990 Impact of construction on schools in Renton School District . June 11, 1990 Renton Hill -ieighborhood concerns June 18, 1990 Reconstruction of Mill Avenue as part of S-curve project June 18, 1990 . gi A ,E,66• y y CITY OF RE TON Office of the City Attorney Earl Clymer, Mayor RECEIVED June 19 , 1990 JUN 2 0 1990 Mayors Office TO: Renton City Council FROM: Zanetta L. Fontes , Assistant City Attorney RE : Noise Ordinance Dear Council Members : Councilman Stredicke requested that the legal department look into adoption of an ordinance regulating noise, particularly from car sound systems , which is similar to ordinances which have been adopted in other jurisdictions such as Poul"sbo, Kent, Kirkland, Seattle, Sprague, and King County. I have reviewed those ordinances . I would like to make several observations and ask for guidance from the council .. Whatever ordinance we enact it will need to be clear enough to be understood by the "reasonable" person . Therefore, I would recommend that whatever noise the council wishes to regulate, that consideration be given to framing the regulation in terms. of whether it is "audible at a. defined number of feet from the source. " Further, I would recommend that the council obtain input from members of the community regarding the kind of noise disturbances which should be regulated. Additionally, I would recommend that we expressly -state that the content of speech will not be the basis of regulation. This office would like some guidance from the council regarding the nature of the sounds you believe need to be regulated, the distance beyond which the sound should not carry, and the amount of . the fine you believe should be imposed for any given v-iolation. It may be that some of these questions cannot be answered until after public comment. However, some guidance would be appreciated. / 46L*! .. Zanetta L. Fonte / ZLF:as . cc : Mayor Clymer John Webley✓ A8 . 57 : 24 .