HomeMy WebLinkAboutStudy Session Packet 06-25-12SPECIAL STUDY SESSION AGENDA
CITY COUNCIL MEETING
CITY OF WHEAT RIDGE, COLORADO
7500 W . 29th Ave.
Wheat Ridge CO
June 25, 2012
6 :30p.m .
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PUBLIC COMMENT ON AGENDA ITEMS
APPROVAL OF AGENDA
.L Noise O rdinance Discussion
TO :
FROM :
DATE:
RE :
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Mayor and Council
Gerald E. Dahl
June 22 , 2012
MEMORANDUM
Amplified Sound O r d i nance
At its study session on May 21 , the Counci l directed the Mayor to work with me and City
staff to create this ordinance . I have met with the Mayor, and subsequently with the
Community Development Director and the Police Department. Attached is a draft
ordinance, application and permit form .
The City has received requests to permit amplified sound at events on private property.
The City's noise ordinance , Code 16-1 03 would likely prevent these activities. The
concept of an amp lified sound special permit is based on special permit systems for
Wheat Ridge parks and in other cities. While there was some interest in applying a
numeric decibel (d B ) standard to determine permit complia nce, that approach would
require expense for equipment and tra ining. Th e attached d raft instead relies on a
"reasonableness" standard .
Within the attached drafts, a numbe r of policy questions are presented. We wou ld
appreciate Council's guidance at the Ju ne 25 special study session:
1. How many times per year may a single location have a permit? T he attached
ordinance allows 8 t i mes per year; the Police Department suggests a lower
number to take into consideration pote nt ial conflicts between the noise and the
surrounding areas.
2 . What hours shou ld be permitted? What is a reasonable ending ti me? The draft
has 10:00 p.m. and 11 :00 p.m. Bear in mind that there are residential areas
immediatel y adjacent to almost all commercial properties in the City. The Police
Depa rt ment is recommending 9 :00 p.m. and 10:00 p .m . as a reasonable
standard .
3 . T he ordinance requires a permittee to post and deliver notice of the date and
time of the E vent to property owners within 300 f eet, this is the standard radius
used for most land use actions. The Police Department recommends a greater
distance so impacted neighborhoods are aware of the Event.
Sound Permit or S pec ial Event Permit?
The attached drafts set up a permit process for amplified sound only . However, staff is
concerned that a ''sound only'' permit fails to address other impacts of what will be seen
as a special event. The City has a special event permit for use of City parks. This
ordinance could be expanded to do the same for events on private property. If Council
is directed to do this, the issues which should be addressed in a special event permit, in
addition to the amplified sound issues, include:
1 . Crowd size
2 . Security I police personnel
3. Insurance requirements
4 . Transportation impacts: street closures , traffic, barriers , parking space
consideration , fire lanes
5 . Confirmation that the Event will not exceed the maximum occupancy limits set by
the Fire Marshal
6 . Restroom facilities
7. Trash disposal and recycling
8 . Limitation based on the zoning district of the Event location
9 . Temporary structures proposed (stages and accessory equipment such as
lighting)
10. Site plan requirements in order to evaluate the above .
CITY OF WHEAT RIDGE , COLORADO
INTRODUCED BY COUNCIL MEMBER ___ _
Council Bill No. __ _
Ordinance No. ___ _
Series 2012
TITLE : AN ORDINANCE AMENDING THE WHEAT RIDGE CODE OF LAWS
PROVIDING FOR A SPECIAL EVENTS PERMIT FOR AMPLIFIED
SOUND ON PRIVATE PROPERTY
WHEREAS , the City of Wheat Ridge, acting through its City Council , has authority
under Artjcle XX of the Colorado Constitution, its Home Rule Charter and C.R.S. 31-15-
101 et seq. to adopt and enforce requirements for the protection of public health , safety
and welfare; and
WHEREAS , in the exercise of this authority, the Council has previously adopted
Section 16-103 of the Wheat Ridge Code of Laws concerning unreasonable noise; and
'WHEREAS , the Council wishes to provide an opportunity for amplified sound on
private property , in order to encourage local businesses and to promote local social
activities , subject to a special pe rmit requirement to protect the interests of the
surrounding neighborhood.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WHEAT RIDGE , COLORADO :
Section 1. The Wheat Ridge Code of Laws is amended by the addition of Article
X (previously reserved) of Chapter 11, to read as follows :
Article X
AMPLIF IED SOUND-PRIVATE PROPERTY
Sec . 11-230 Definitions. For the purposes of this Article , the following terms
shall have the meanings indicated :
Amplified Sound shall mean any music or sound produced out of doors by means
of electronic or mechanical amplification, and shall include the use of drums,
horns and percussion instruments.
Event shall mean an outdoor even t at which amplified sound is permitted
pursuant to this Article .
Event Location shall mean the real property at which an Event is held, extending
to the exterior property lines thereof. In the case of a resident ia l neighborhood
"block party" or similar function , the Event Location shall be the public street used
fo r the Event.
Sec. 11-231 Special Events Permit for Amplified Sound. The City may issue
special events permit s for amplified sound on private property, under the
following condit ions :
(a) No later than forty-f ive (45) days prior to the Event , the sponsor of the
Event must apply for and receive a "Special Events Permit-Amplified
Sound," on forms provided by the City Clerk , accompanied by a permit
fee set by the City Manager.
(b) Any busi ne ss, nonprofit o rg anization , or pe rson may apply for a permit.
(c) An Event may be permitted for no more than 8 times pe r year at the
same Event Location .
(d) Following approval of the Application and at least fourteen (14) days
prior to the Event , the Event sponsor shall post at the Event Location
and hand deliver flyers to all residents and businesses within a 300 foot
radius of the exterior property lines of the Event Location , advising the
surrounding neighborhood . Multiple Events may be included in a single
permit.
(e) The permit shall specify the date(s) and hours during which amplified
sound is permitted, which shall not fall outside the hours of 9 :00 a .m .
and 10 :00 p.m. Sunday-Thursday and 9 :00a.m. to 11 :00 p.m . Friday
and Saturday.
(f) The permit application shall be reviewed by the community
development director, or designee, who shall forward his/her
recommendation to th e Mayor and the Police Chief. Both the Mayor and
Police Chief must approve the application in order for a permit to be
issued .
(g) A permit may be approved with co nditions.
(h) The police department shall have the authority to require the permittee
to reduce the sound volume , curtail the hours of the Event, or close the
Event entirely if the department determines that the Event , evaluated at
the property line of the Event Location , constitutes an unreasonable
burden on the surrounding neighborhood which is inconsistent with the
Event as described in the permit application, or is in violation of a permit
condition .
(i) Any permit may be summarily revoked if its conditions of issuance are
not continuously satisfied or if the permittee violates any City ordinance
or regulation or misrepresents any aspect of the application.
U) In the event a permit application is denied , the applicant may, within 10
days of denial , appeal the same to the City Council , who shall act to
uphold or reverse the denial at the next regularly scheduled Council
meeting following the appeal.
Section 2. Section 16-103 of the Wheat Ridge Code of Laws is amended by the
addition of a new subsection (d) to read:
(d) An event having an approved special events permit for amplified sound
under Article X of Chapter 11 of this Code shall be exempt from the provisions of
(a)(2) and (a)(3) of this Section.
If any section , subsection or clause of this Ordinance shall be deemed to be
unconstitutional or otherwise invalid , the validity of the remaining sections , subsections
and clauses shall not be affected thereby . All other ordinances or parts of ordinances in
conflict with the provisions of this Ordinance are hereby repealed.
Section 3. Severability, Conflicting Ordinances Repealed. If any section ,
subsection or clause of this Ordinance shall be deemed to be unconstitutional or
otherwise invalid , the validity of the remaining sections, subsections and clauses shall
not be affected thereby. All other ordinances or parts of ordinances in conflict with the
provisions of this Ordinance are hereby repealed .
Section 4. Effective Date. This Ordinance shall take effect fifteen (15) days after final
publication, as provided by Section 5.11 of the Charter.
INTRODUCED, READ , AND ADOPTED on first reading by a vote of _ to _
on this __ day of July , 2012, ordered published in full in a newspaper of general
circulation in the City of Wheat Ridge , and Public Hearing and consideration on final
passage set for , 2012 at 7:00 p.m., in the Council Chambers ,
7500 West 29 th Avenue , Wheat Ridge , Colorado .
READ , ADOPTED AND ORDERED PUBLISHED on second and final reading by
a vote of _ to _, this day of . 2012.
SIGNED by the Mayor on this __ day of ----~· 2012 .
Jerry DiTullio , Mayor
ATTEST :
Janelle Shaver, City Clerk
Approved as to Form
Gerald E. Dahl , City Attorney
First Publication:
Second Publication :
Wheat Ridge Transcript
Effective Date:
City of Wheat Ridge, Colorado
Application & Permit for Amplified Sound
(Private Property)
Applicant:----------------------------Address: ____________________________ __
Telephone : ___________________________ __
E-Mail : ____________________________ _
I hereby make application for an Amplified Sound Permit on Private Property, as follows :
1. Event Location: ------------------------------
2. Date(s) of Event:-----------------------
3. Hours requested for Event is permitted amplified sound:-------------
4. Name , address and telephone number of sponsoring organization: _______ _
5. Name , address and telephone number of property owner of the Event Location. __ _
6. Describe nature of the source of proposed amplified sound and the user/performer of
sound amplifying equipment: __________________________ _
7. Describe noise control measures to be taken to minimize impacts on surrounding
ne~hbo~ood : ____________________________________ _
I agree , on behalf of the Applicant, that the event will comply with all City of Wheat Ridge
ord inances and regulations , and in particular the following :
1. The amplified sound will not unreasonably burden the surrounding neighborhood .
2. I will post, at the Event Location , and hand deliver flyers to all residences and
businesses within a 300 foot radius of the exterior property line of the Event Location ,
advising the surrounding neighbo~ood of the Event, no later than fourteen (14) days
before the Event.
3. I will cooperate with all City of Wheat Ridge officials during the Event to ensure the
conditions of the permit are satisfied .
Applicant:
By: _________________ __
Print Name:----------------------Date : ___________________ __
Applicant not to write below this line
Special Events Permit
Amplified Sound on Private Property
1. The application is complete: yes ____ no
2. The permit fee of$ has been paid: ___ yes ___ no
3. The application is:
___ denied
___ approved with the following conditions:
a. This Permit is approved for the following date(s) only: ________ _
b. The hours during which amplified sound is allowed shall be from ___ _ to
____ p.m.
c. Applicant shall file a copy of this Permit with the Wheat Ridge Police Department.
The police department shall have the authority to require the permittee to reduce
the sound volume, curtail the hours of the Event, or close the Event entirely if the
department determines that the Event, evaluated at the property line of the Event
Location , constitutes an unreasonable burden on the surrounding neighborhood
which is inconsistent with the Event as described in the permit application, or is in
violation of a permit condition.
d . Violation of any of the permit conditions, or of any ordinance or regulation of the
City, shall be cause for revocation of this Permit.
e. Other Conditions: _____________________ _
Done and signed this __ day of ____ , 20_.
City of Wheat Ridge:
By: ____________ __
Jerry DiTullio . Mayor
By: ___________ _
Daniel Brennan , Police Chief