Loading...
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 . Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City of Wheat Ridge. Call Heather Geyer. Public Information Officer at 303-235-2826 at least one week in advance of a meeting if you are interested in participating and need mclusion assistance. PUBLIC COMMENT ON AGENDA ITEMS APPROVAL OF AGENDA .L Noise O rdinance Discussion TO : FROM : DATE: RE : MURRAY DA ..... L Ku E:C::~E:NMEt!!!STE:R Rlii:NAUO LLP 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