HomeMy WebLinkAbout2017-11-20-J05 Noise Permit Repeal Ordinance_2ND-3RD READ AGENDA ITEM:
CITY OF WAUKEE, IOWA
CITY COUNCIL MEETING COMMUNICATION
MEETING DATE: November 20, 2017
AGENDA ITEM: Consideration of approval of an ordinance to amend Chapter 228, Waukee
Municipal Code, Noise Ordinance, by amending certain sections related to
sound equipment and noise permits for sound equipment [second, third
(final) readings]
FORMAT: Ordinance
SYNOPSIS INCLUDING PRO & CON:
FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS:
COMMISSION/BOARD/COMMITTEE COMMENT:
STAFF REVIEW AND COMMENT: City staff recommends that the third reading of the
ordinance waived. The Code of Iowa requires a vote of not less than
three-fourths of all the members of the council (or 4 out of 5 for Waukee)
in order to waive readings of an ordinance.
RECOMMENDATION: Approve the second reading of the ordinance in title only, waive the
third reading, and place to ordinance on final passage.
ATTACHMENTS: I. Proposed Ordinance
PREPARED BY: Becky Schuett
REVIEWED BY:
PUBLIC NOTICE INFORMATION –
NAME OF PUBLICATION:
DATE OF PUBLICATION:
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ORDINANCE NO.
AN ORDINANCE TO AMEND CHAPTER 228, WAUKEE MUNICIPAL CODE, NOISE
ORDINANCE, BY AMENDING CERTAIN SECTIONS RELATED TO SOUND
EQUIPMENT AND NOISE PERMITS FOR SOUND EQUIPMENT
WHEREAS, Chapter 228 of the Waukee Municipal Code establishes standards for the control
of noise pollution within the limits of the City in order to protect public health, safety, and
general welfare; AND,
WHEREAS, the City of Waukee has determined that certain sections within Chapter 228 shall
be amended to repeal any and all requirements for obtaining a noise permit for the operation of
sound equipment, with said noise equipment as defined by Chapter 228, Section 228.05(17).
BE IT ORDAINED by the City Council of the City of Waukee:
Section 1. Chapter 228, Waukee Municipal Code, Noise Ordinance, is hereby amended
by deleting Section 228.03(1), “Application”, and renumbering each consecutive subsection in
numerical order.
Section 2. Chapter 228, Waukee Municipal Code, Noise Ordinance, is hereby amended
by repealing Section 228.05(17) and enacting in lieu thereof as follows:
17. Sound Equipment. The sound made by sound equipment operated upon the public
right-of-way, in any building or upon any public or private premises shall be
classified as a noise disturbance if either (a) the sound is in excess of the maximum
permitted levels shown in the chart below when measured at the property boundary,
or anywhere within the property, of a receiving land use, or if in a park,
approximately two hundred (200) feet from the source of the sound, or when a
complaint is received, at the nearest boundary of the property where the
complaining party was disturbed; or (b) the sound is of a nature that cannot
accurately be measured by a sound level meter, and such sound is disturbing to a
reasonable human being of normal sensitivities.
MAXIMUM PERMITTED LEVELS
RECEIVING LAND USE MAXIMUM Db PERMITTED
Residential 65 between 7:00 a.m. and 10:00 p.m.
55 between 10:00 p.m. and 7:00 a.m.
Commercial 70
Industrial 75
Park 65
Any person who operates any sound equipment in violation of the maximum
permitted levels listed above shall be subject to having the event stopped or the
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sound equipment turned off or reduced to a legal level. Such remedy shall be in
addition to any other rights and remedies of the City.
Section 3. Chapter 228, Waukee Municipal Code, Noise Ordinance, is hereby amended
by repealing Section 228.07 in its entirety and renumbering each consecutive subsection in
numerical order.
Section 4. Repealer. All ordinances or parts of ordinances in conflict with the
provisions of this ordinance are hereby repealed.
Section 4. Severability Clause. If any section, provision or part of this ordinance shall
be adjudged invalid or unconstitutional, such adjudication shall not affect the validity of the
ordinance as a whole or any section, provisions or part thereof not adjudged invalid or
unconstitutional.
Section 6. Effective Date. This ordinance shall be in effect from and after its final
passage, approval and publication as provided by law.
Passed by the Council the ___ day of ________, 2017, and approved this ___ day of _______,
2017.
William F. Peard, Mayor
Attest:
Rebecca D. Schuett, City Clerk