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Home My WebLink About12/15/1998, - ADDENDUM -NOISE ORDINANCE EXCEPTION council agenba CITY OF SAN LUIS OBISPO CITY HALL, 990 PALM STREET / Tuesday, December 15,1998 ADDENDUM: 4:00 P.M. BUSINESS ITEM Council Chamber 990 Palm Street This item is hereby added to the regular agenda for December 15, 1998: 2A. FIRST NIGHT SAN LUIS OBISPO NOISE ORDINANCE EXCEPTION (LESAGE/1104-01 - 10 min.) Consideration of an exception to the Noise Ordinance for First Night in the downtown area from 8:00 p.m. to 12:00 midnight on New Year's Eve. + RECOMMENDATION: Approve the exception for the First Night Celebration from the City Noise Ordinance and confirm approval of future exception for this event at the staff level. STATE OF CALIFORNIA ) COUNTY OF SAN LUIS OBISPO ) ss. AFFIDAVIT OF POSTING CITY OF SAN LUIS OBISPO ) MARY KOPECKY, being first duly swom, deposes and says: That she is the duly appointed and qualified Assistant City Clerk of the City of San Luis Obispo and that on December 10, 1998, she caused the above Notice to be posted at San Luis Obispo City Hall, San Luis Obispo, California. MaN E.Kopecky, AssistanrGity Clerk San Luis Obispo, California council °�-1 -1s-q$ j agenba REpoRt �"mh"2A CITY O F SAN LUIS O B I S P O FROM: Paul LeSage, Director of Parks and Recreation Prepared By: Carolyn Munshaur, Recreation Coordinator I SUBJECT: FIRST NIGHT SLO NOISE ORDINANCE EXCEPTION CAO RECOMMENDATION By motion, except the First Night Celebration from the City Noise Ordinance and confirm approval of future exceptions for this event at the staff level. DISCUSSION The First Night SLO organization has submitted a request for an exception to the City Noise Ordinance. This request is to approve several entertainers performing within the downtown area from 10:00 p.m. to 12:00 midnight on the night of New Year's Eve. First Night is a non- alcoholic, family celebration of the arts that offers the community an outstanding way to celebrate the incoming New Year. The City believes that First Night is such an important new event that Council has approved co-sponsoriship of it. Because of its value to the community, staff feels that in this case an exception to the Noise Ordinance is appropriate. First Night will be held within the boundaries of the Farmer's Market area and the Broad- Monterey dogleg surrounding the Mission Plaza. As sound travels quite easily throughout the downtown area, it is possible that some of the performances may effect many businesses and/or residents. The City's Noise Control Regulations can be found in Section 9.12 of the Municipal Code. Several of the First Night events are likely to be considered noise disturbances as defined in Section 9.12.050 of the ordinance. Specifically, the playing of musical instruments, and the use of amplified sound after 10:00 p.m., have the potential to create noise disturbances. The likely events include: Venue Entertainment: DJ or BAND (Teen Dance) 1-5 performers (amplified) 8:00 - 11:15 p.m. First Bank Parking Lot EMY MACK & WOLF PACK (Blues) 3 performers (amplified) 10:00 - 11:00 P.M. Chorro & Higuera intersection RAGG (Ska Music) 4 performers (amplified) 9:30 - 11:15 p.m. Garden & Higuera intersection Council Agenda Report—First Night SLO Noise Ordinance Exception Page 2 NOTHIN' NEW (Rock & Roll) 5 performers (amplified) 9:15 - 11:15 p.m. Broad & Higuera intersection SLO GLO (DJ John Rourke) 1 performer (amplified) 9:30 - 11:00 p.m. Nipomo & Higuera intersection GRAND FINALE at Chorro & Higuera intersection FIRST NIGHT BAND 8 performers (amplified) 11:15 p.m. - 12:00 a.m. PAT JACKSON'S DANCERS 20+ performers (amplified) 11:15 p.m.- 12:00 a.m. LASER LIGHT SHOW w/ MC 1 performer (amplified) 11:15 p.m. - 12:00 a.m. Section 9.12.030 of the ordinance gives the Police Chief the authority to make special exceptions to the ordinance for occurrences of less than 48 hours. Since this is the first-time for a major new event with multiple venues which exceed the noise standard, staff considered it an appropriate matter to bring to the Council for approval. However, staff recommends that the Council confirm approving noise exceptions for this event in the future at the staff level. The organizers of the event have mailed notifications to the entire area which may possibly be effected by the street closures and/or performances scheduled. In addition, First Night will be providing volunteers assigned at each location to ensure the sound level will be held as moderate as possible. City staff from Parks & Recreation will also be present at the event along with the 8-10 Police Officers assigned to this event. First Night organizers and City staff will maintain the sound at a moderate level and mitigate any problems occurring from the performances. CONCURRENCES The Police Chief concurs with this recommendation. FISCAL IMPACT There is no direct fiscal impact from this noise ordinance exemption. ATTACHMENTS 1. Section 9.12.030 and Portions of Section 9.12.050 of the Noise Control Ordinance of the City's Municipal Code 9.12.030 Authority and duties of the noise control office(r) (NCO). Lead (Agency/Official). The noise control program established by this chapter shall be administered by the community development department (administration/special exceptions of time periods greater than forty-eight hours/zoning enforcement) and the police department (noise violation enforcement/special exceptions of time periods less than forty-eight hours). (Ord. 1032 § 2 (pant), 1985) 9.12.050 Prohibited acts. A. Noise Disturbances Prohibited. No person shall make, continue or cause to be made or continued, or permit or allow to be made or continued, any noise disturbance in such a manner as to be plainly audible at a distance of fifty feet from the noisemaker; provided, nothing in this section shall be construed to prohibit any noise which does not penetrate beyond the boundaries of the noisemaker's own premises or does not constitute an unreasonable disturbance to people lawfully on said premises. B. Specific Prohibitions. The acts, as set forth in this section, and the causing or permitting thereof, are declared to be in violation of this chapter. 1. Radios, Television Sets, Musical Instruments and Similar Devices. Operating, playing or permitting the operation or playing of any radio, television set, phonograph, drum, musical instrument, or similar device which produces or reproduces sound: a. Between the hours of ten p.m. and seven a.m. in such a manner as to create a noise disturbance across a residential or commercial real property line or at any time to violate the provisions of Section 9.12.060 of this chapter, except for activities for which a exception has been issued by the noise control office. b. In such a manner as to exceed the levels set forth for public space in Table 1 of Section 9.12.060 of this chapter, measured at a distance of at least fifty feet (fifteen meters) from such device operating on a public right-0f-way or public space. 2. Loudspeakers (Amplified Sound). Using or operating for any purpose any loudspeaker, loudspeaker system or similar device between the hours of ten p.m. and seven a.m., such that the sound therefrom creates a noise disturbance across a residential real property line, or at any time violates the provisions of Section 9.12.060 of this chapter, except for any noncommercial public speaking, public assembly or other activity for which an exception has been issued by the noise control office. ATTACHMENT 1