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HomeMy WebLinkAboutStudy Session Packet 07-23-12SPECIAL STUDY SESSION AGENDA CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO 7500 W. 29th Ave. Wheat Ridge CO July 23. 2012 Upon Adjournment from Council Meeting 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 inclusion assistance. PUBLIC COMMENT ON AGENDA ITEMS APPROVAL OF AGENDA 1.:. Phone Poll Results Presentation 2. Noise Ordinance ~~·~ .. ~ City of ""~Wheat&_dge ~OFFICE OF THE CfTY MANAGER TO: FROM: DATE: SUBJECT: Memorandum Mayor and City Council (\ \ Patrick Goff, City Manager '#J'. July 23, 2012 Phone Poll Results Presentation City Council held its 2012 annual retreat on May 18 1h and 19th. The focus ofthis year's retreat was the long-term fiscal sustainability of the City. Council provided direction to staff at the retreat to conduct a phone poll of Wheat Ridge citizens to ascertain the level of support for new or increased revenue sources for capital infrastructure projects in the city. Public Opinion Strategies was selected to conduct the phone poll. The polling was completed between July 51h and 9th among 350 registered Wheat Ridge voters. The margin of error for this poll is ±5.66%. Lori Weigel from Public Opinion Strategies will be at the July 23rd study session to provide a summary of the phone poll results. In addition , she will be available to answer questions and provide suggestions for next steps. Attachment 1. Key Findings -July 2012 Ballot Measure Feasibility Survey 12 6 6 8 Cit y of . D 1r l (l j e Wh e a t ~ ~ ~ ~u l y 2 0 1 2 B a l l o t M e a s u r e F e a s i b i l i t y Survey PU B L I C OP I N I O N ST R A T E G I E S L O R I P A R T N E R • LO R I @ P O S . O R G METHODOLOGY 0 Public Opinion Strategies is pleased to present the key findings of a telephone survey in the city of Wheat Ridge, Colorado. 0 The survey was completed July 5, 7-9, 2012 among 350 registered voters and has a margin of error of ± 5.66°/o. 0 The sample was distributed proportionally throughout the city and is demographically representative of the population. 0 Lori Weigel was the principal researcher on this project. Jenn Nunes was the project director with Brian Fraser providing analytical assistance. Voter confidence in the city continues to stand strong. "Do you feel things in Wheat Ridge are generally going in the right direction today, or do you feel things have pretty seriously gotten off on the wrong track?" July 2008 July 2012 60°/o 60% • Right Direction • Wrong Track .. PUBUC OPINION STRATEGIES Wheat Ridge Ballot Measure Feasibility Survey -July 2012 4 Three-in-five approve of City leadership, although not as strongly as in the past. "Do you approve strongly, approve somewhat, disapprove somewhat, or disapprove strongly of the way the Mayor and City Council of Wheat Ridge are handling their jobs these days?" July 2008 July 2012 63% • Approve • Disapprove ~ PUBUC OPINION STRATEGIES Wheat Ridge Ballot Measure Feasibility Survey -July 2012 5 A majority have confidence in the City to spend new funds wisely, although this is fairly tentative. "How much confidence do you have in the City of Wheat Ridge to spend the funds from this proposal wisely? Would you say .. " Total Great Deal/Fair Amount 56°/o Total Not Much/None 42°/o Don't Know 2°/o Ell PUBliC OPINION STRATEGIES Wheat Ridge Ballot Measure Feasibility Survey -July 2012 6 BALLOT LANGUAGE Respondents were read the following two sales tax ballot proposals and asked whether they would vote YES or NO on them. Shall City of Wheat Ridge taxes be increased four and a half million dollars annually and by whatever additional amounts are raised annually thereafter, from a three-quarters of one percent sales tax increase commencing January 1, 2013 to be used solely for ... Making necessary improvements to and maintaining streets, lighting, sidewalks, trails and bike lanes, within the City of Wheat Ridge Maintaining the quality of life and improving motorist, pedestrian and cyclist safety in Wheat Ridge by improving and maintaining streets, lighting, sidewalks, trails and bike lanes, with all funds spent solely for these purposes within the city limits ... with all spending subject to an annual independent audit, and shall the revenues be collected and spent as a voter approved revenue change without limitation or condition? The distinction in language makes no statistical difference, as support falls below the critical 50°/o mark. Sales Tax Proposals Necessary Improvements Total Yes 46% Total No 48°/o Quality of Life Total Yes 48% Total No 48°/o .. PUBUC OPINION STRATEGIES Wheat Ridge Ballot Measure Feasibility Survey -July 2012 4% 9 So, for sub-group analysis, we will examine a combined ballot given that lack of distinction. Combined Sales Tax Ballot Total Yes 47°/o Total No 48°/o -PUBUC OPINION STRATEGIES Wheat Ridge Ballot Measure Feasibility Survey-July 2012 10 Seniors are the most resistant to a sales tax 0 Age 18-34 (16°/o) ~ PUBUC OPINION STRATEGIES • tncrease. Sales Tax Proposal By Age Age 35-44 (14°/o) 0 Age 45-54 (16°/o) •Yes •No +8 Age 55-64 (22°/o) Wheat Ridge Ballot Measure Feasibility Survey -July 2012 -21 Age 65+ (31%) 11 As is often the case, younger women are most supportive. -21 Men Age 18-54 (24°/o) .. PUBUC OPINION STRATEGIES Sales Tax Proposal By Gender/Age -17 Men Age 55+ (24°/o) +38 66% •Yes •No Women Age 18-54 (23°/o) -2 Women Age 55+ (29°/o) Wheat Ridge Ballot Measure Feasibility Survey -July 2012 12 Voters in South Wheat Ridge are most open to the sales tax increase. Sales Tax Proposal By Region and Region/Gender -14 54°/o +7 South (63°/o) .. PUBUC OPINION STRATEGIES -23 North Men (19°/o) -5 North Women (18%) •Yes •No -16 56% South Men (29°/o) Wheat Ridge Ballot Measure Feasibility Survey-July 2012 +26 60°/o South Women (34%) 13 As is the case with most tax measures, party is most predictive of support. -30 32% Republican (28°/o) .. PUBLIC OPINION STRATEGIES Sales Tax Proposal By Party -8 52o/o Independent (32°/o) •Yes •No +25 60o/o Democrat (40°/o) Wheat Ridge Ballot Measure Feasibility Survey-July 2012 14 Yes voters have a sense that investments in infrastructure are needed. "What are the one or two main reasons why you would vote YES on this proposal?" "I think we need to take care of our roads, and take care of our parks, our sidewalks, and things like that. They need to be kept up or else the city's going to get run down, and look like the slums. Basically for people's safety." -Male I Democrat I Age 45-54 "Because we have to keep up with our infrastructure. Our roads and everything else is crumbling. We have to take care of our city and make sure that everything still runs properly. We haven't taken care of our infrastructure in ages and it's time we started spending some money on building up these things and fixing things. Plus, it would create jobs." -Female I Democrat I Age 45-54 "I want to see Wheat Ridge grow and create hope for the community." -Male I Republican I Age 45-54 "Because I really think that Wheat Ridge's infrastructure is pretty bad, actually. Sewers are old, and bike paths, and walking paths are not good, especially at main intersections. Compared to cities I have lived in before, they could definitely do some work. " -Female /Independent I Age 25-34 -PUBUC OPINION STRATEGIES Wheat Ridge Ballot Measure Feasibility Survey -July 2012 15 Conversely, No voters are resistant to taxes but also are unhappy with past projects such as 3Sth Ave. (/What are the one or two main reasons why you would vote NO on this proposal?" (/Because we're hardly making a living now. Yes, the economy has to get better. They can't be raising our taxes and taking money away from us." -Male I Republican I Age 45-54 (/I feel/ike we already pay too many taxes. Everybody's struggling, it's not the right time to raise taxes again. I work for unemployment and I see how many people are unemployed and really struggling. It's not fair to them ." -Female I Democrat I Age 65+ (/Because I th ink they've done a lousy job so far. We 're unhappy with the Thirty Eighth Avenue revitalization ." -Female /Independent I Age 55-64 (// think the city kind of botched west Thirty Eighth Avenue. I don't like tha t . They have changed the traffic pattern, and I just think they do a lot of unnecessary spending. I think it's dangerous the way they've set the traffic pattern. It's only one lane in each direction, anymore . It used to be two lanes in both directions." -Female /Independent I Age 65+ -PUBUC OPINION STRATEGIES Wheat Ridge Ballot Measure Feasibility Survey-July 2012 16 The amount of the tax when expressed in cents on a $10 purchase is not significant to most. I<And, would you be more likely or less likely to vote Yes in favor of this proposal if you knew that it wo uld add 7.5 cents of sales tax to each ten dollar purchase, or would it make no difference in your opinion?" Total More Likely 9% Total Less Likely 24% 11o/o • Much More Likely • Somewhat Less Likely No Difference • Somewhat More Likely • Much Less Likely Democrat Age 18-54 Age 45-54 Women Age 18-54 Democrat Women Age 35-44 South Region Age 18-54 No Difference {64°/o} 77o/o 76°/o 76o/o 76% 75o/o 72% .. PUBUC OPINION STRATEGIES Wheat Ridge Ballot Measure Feasibility Survey -July 2012 17 BALLOT LANGUAGE Respondents were read the following property tax ballot proposal and asked whether they would vote YES or NO on it. Shall City of Wheat Ridge taxes be increased one-point-three million dollars annually and by whatever additional amounts are raised annually thereafter, from an increase of three-point-two million in the property tax commencing January 1, 2013 to be used solely for ... Making necessary improvements to and maintaining core infrastructure, including preventing street and home flooding by maintaining the storm sewer system, and creek and drainage system; with all spending subject to an annual independent audit, and shall the revenues be collected and spent as a voter approved revenue change without limitation or condition? The property tax proposal receives a nearly identical response to the sales tax. Property Tax Ballot Total Yes 47% Total No 46% -PUBUC OPINION STRATEGIES Wheat Ridge Ballot Measure Feasibility Survey -July 2012 19 Again, seniors are by far the most resistant. +13 54°/o Age 18-34 {16o/o) .. PUBUC OPINION STRATEGIES Property Tax Proposal By Age Age 35-44 {14o/o) 0 47% 47o/o Age 45-54 (16°/o) •Yes •No +5 Age 55-64 (22°/o) Wheat Ridge Ballot Measure Feasibility Survey-July 2012 -24 Age 65+ (31%) 20 And younger women are most supportive. -9 Men Age 18-54 (24%) .. PUBUC OPINION STRATEGIES Property Tax Proposal By Gender/Age -14 Men Age 55+ (24o/o) •Yes •No Women Age 18-54 (23%) -10 Women Age 55+ (29%) Wheat Ridge Ballot Measure Feasibility Survey-July 2012 21 The same geographic distinction holds true. Property Tax Proposal By Region and Region/Gender -12 54o/o North (37°/o) +9 50o/o South (63°/o) ~ PUBUC OPINION STRATEGIES -30 63°/o North Men (19°/o) +6 50o/o North Women (18°/o) 0 South Men (29%) Wheat Ridge Ballot Measure Feasibility Survey -July 2012 +16 52o/o South Women (34°/o) 22 Independent voters are not supportive-that is typically a real challenge to overcome. -19 Republican (28°/o} .. PUBLIC OPINION STRATEGIES Property Tax Proposal By Party -9 Independent (32o/o) •Yes •No +23 Democrat (40%) Wheat Ridge Ballot Measure Feasibility Survey -July 2012 23 There is a real recognition among Yes voters that flooding can be a problem in Wheat Ridge. "What are the one or two main reasons why you would vote YES on this proposal?" "/definitely think we need to have better up-keep in this city, and we need to keep up the infrastructure, so I'm all for it." -Female /Independent I Age 45-54 "Because /live in a flood plain and I spend two thousand bucks a year on stupid flood insurance that is, in my opinion, very unnecessary Because if they would work better on the drainage , then I would be out of the flood plan. I wouldn't have to go for that flood insurance. Which, in my opinion, is a racket". -Female /Independent I Age 55-64 "/ think we could always use improvements. I think that anything we can have control over, flood prevention, or any other situation that might interfere with general operations; anything we can do to help is a good thing." -Male /Independent I Age 65+ "I'm very strong on flood preventions because I've been a victim of flooding, in Wheat Ridge in fact. The other reason would be that I think any improvements the city can make are fine. I know they're doing a lot of improvements over at the courthouse. Putting flood rocks in and a small brick wall, like a planter." -Female I Democrat I Age 45-54 ~ PUBUC OPINION STRATEGIES Wheat Ridge Ballot Measure Feasibility Survey -July 2012 24 Again, beyond general anti-tax sentiment, residents do express concern about the City. "What are the one or two main reasons why you would vote NO on this proposal?" "Because Wheat Ridge has been inept with business development. They lost the Cabelas contract because they're a bunch of buffoons. They lied to the city people that Cabelas didn't want to spend the money That's not true. They're building two of them in Colorado now. They want to keep taxing when they keep driving businesses away" -Male I Republican I Age 45-54 "It's a little bit vague for one thing, and I think we're already paying for a lot of flood control through the Urban Flood and Drainage Program, which has been going on for years. After all the work they've done, they still have us rated in a flood plain. I just am concerned that it would be spent on projects that are of interests of certain groups and not necessarily for the benefit of the whole city -Female I Republican I Age 65+ "Because I don 't think they're shuffling their money around correctly because they just keep asking for more." -Female /Independent I Age 55-64 "There's enough burden on the homeowner already There is a lot of misappropriation of funds at the city and state level. There are a lot of funds that can be allocated from other areas, essential and non-essential both . To burden the homeowner is just another way to increase that revenue as opposed to appropriating the funds ." -Male /Independent I Age 35-44 .. PUBUC OPINION STRATEGIES Wheat Ridge Ballot Measure Feasibility Survey -July 2012 25 The price tag for a property tax is generally viewed as less than consequential. "And, would you be more likely or less likely to vote Yes in favor of this proposal if you knew that it would raise property taxes by 25 dollars per year for every one hundred thousand dollars in home value , or would it make no d ifference in your opinion?" Total More Likely 9°/o Total Less Likely 18°/o • Much More Likely • Somewhat Less Likely No Difference • Somewhat More Likely • Much Less Likely Age 35-44 Rent Home Democrat Age 18-54 Women Age 18-54 Independent Women Independent Age 18-54 North Region Women North Region Age 18-54 Democrat Women Independent -PUBUC OPINION STRATEGIES Wheat Ridge Ballot Measure Feasibility Survey -July 2012 No Difference (69°/o 86o/o 86°/o 82% 81°/o 80°/o 79°/o 78o/o 78°/o 78o/o 77°/o 26 Respondents were asked to evaluate a series of projects that might be funded by the proposal. Now, there are a number of specific things which MIGHT be funded if a proposal is placed on the ballot in the future. Keeping in mind that it is difficult for everything to be equally important, please tell me how important each one of these is to you personally. Is it extremely important, very important, somewhat important, or not very important to ensure funding is dedicated to that purpose? Quality of life, streets and storm sewers top the list of priorities among these issues. Maintaining the quality of life in Wheat Ridge Making necessary improvements to and maintaining streets Maintaining the storm sewer system Improving motorist, pedestrian and cyclist safety Helping to maintain home values by making necessary community improvements Preventing street and home flooding Ranked By ExtremelyNery Important Extremely/ Very Important-63% 60% 59% - 54% 52% 52% ... PUBLIC OPINION STRATEGIES Wheat Ridge Ballot Measure Feasibility Survey-July 2012 90% 85% 28 Trails, bike lanes, and streetscaping are not viewed as nearly as important. Maintaining and improving creek and drainage systems Helping reduce traffic congestion Protecting homes and businesses from flooding Maintaining and improving sidewalks Ensuring the community is more walkable and vibrant Maintaining and improving trails and bike lanes Improving the look of major city streets, with flower beds, trees, or lighting Ranked By ExtremelyNery Important Extremely/ Very Important -49% 84°/o 46% 45% 78% 40% 81% 40% 73% 37% 21% 59% -PUBUC OPINION STRATEGIES Wheat Ridge Ballot Measure Feasibility Survey -July 2012 29 Yes voters actually gravitate toward fuzzier benefits, while No voters prioritize specific types of projects. .. PUBUC OPINION STRATEGIES Top 3 Funding Items By Sales Tax Ballot (ExtremelyNery Important) Total Yes (47°/o) Maintaining the quality of life in Wheat Ridge (82%) Improving motorist, pedestrian and cyclist safety (75°/o) Helping to maintain home values by making necessary community improvements (74°/o) Total No (48°/o) Maintaining the storm sewer system (48°/o) Making necessary improvements to and maintaining streets (47o/o) Maintaining the quality of life in Wheat Ridge (43°/o) Wheat Ridge Ballot Measure Feasibility Survey-July 2012 30 Storm sewers are actually viewed as important to those who reject the property tax increase to fund improvements to this very thing. ~ PUBUC OPINION STRATEGIES Top 3 Funding Items By Property Tax Ballot (ExtremelyNery Important) Total Yes (47°/o) Maintaining the quality of life in Wheat Ridge (76%) Maintaining the storm sewer system (75°/o) Preventing street and home flooding (71o/o) Total No (46o/o) Maintaining the quality of life in Wheat Ridge (50°/o) Making necessary improvements to and maintaining streets (48o/o) Helping reduce traffic congestion (44o/o) Wheat Ridge Ballot Measure Feasibility Survey -July 2012 31 Only one statement in support -the idea that preventive maintenance saves money in the long term -resonates with residents. Reasons to Vote in Favor Just as your house needs a new roof after so many years, so too does the City have to maintain its streets, sewer system, and other vital infrastructure. Otherwise, it will be too difficult or more expensive to restore this infrastructure later. Without additional funding, the city will be unable to maintain the basic infrastructure that helps ensure safety on the roads, for pedestrians or for bicyclists, or for our homes and businesses from thunderstorms and flooding. Very Convincing 0 0 Total Convincing 0 0 -PUBLIC OPINION STRATEGIES Wheat Ridge Ballot Measure Feasibility Survey -July 2012 33 However, residents are unconvinced by arguments that focus on the budget-this is not atypical. Reasons to Vote in Favor Long-term budget projections have shown that by the year 2014, due to declining revenues, the city will only have enough funding for its daily operating expenses such as paying for police services and will no longer be able to providing funding to maintain its streets. The city has managed its financial resources wisely. It has streamlined city departments and cut millions from the budget. However, continued declining tax revenues mean some of our most basic maintenance requires additional funds. Very Convincing Total Convincing -PUBUC OPINION STRATEGIES Wheat Ridge Ballot Measure Feasibility Survey-July 2012 34 The biggest objection is a general concern about government waste that is very typical. "And, which one of the following would you say is your biggest hesitation or concern about voting Yes in favor of the proposal?" Government needs to tighten its belt further before asking for more money. These are all improvements which could wait until the economy gets better. I Property taxes are too high already. I This proposal is too much and too big . .. PUBliC OPINION STRATEGIES Wheat Ridge Ballot Measure Feasibility Survey -July 2012 35 - - 1· . .J r , ~ ~ - - - - __. . A f t e r he a r i n g st a t e m e n t s in s u p p o r t o f c i t y fu n d i n g , re s p o n d e n t s we r e ag a i n a s k e d w h e t h e r th e y w o u l d vo t e YE S o r NO o n th e b a l l o t pr o p o s a l s . No w th a t y o u ha v e he a r d so m e mo r e a b o u t this ot e n t i a l b a l l o t ro o s a l .. . I f th e el e c t i o n we r e be i n g h e l d to d a y a n d the fo l l o w i n g p r o p o s a l wa s o n th e ba l l o t , w o u l d you vo t e ' ' e s " o r '' n o " on a p r o p o s a l th a t w o u l d ... There is no statistical difference in support for the sales tax after respondents hear more information. "Increase taxes four and a half million dollars annually from a three-quarters of one percent sales tax increase to be used solely for making necessary improvements to and maintaining streets, lighting, sidewalks, trails and bike lanes, within the City of Wheat Ridge?" Initial Sales Tax Ballot Total Yes 47% Total No 48°/o Undecided So/o Informed Sales Tax Ballot Total Yes Total No Probably Yes 22°/o 45% 50% Definitely Yes Probably No 24010 19o/o f" "t I ···~ De 1n1 e y No 31o/o 1 • 1 ., I ' I ~ PUBUC OPINION STRATEGIES Wheat Ridge Ballot Measure Feasibility Survey -July 2012 37 The property tax edges up just slightly. "Increase taxes by one -point -three million dollars annually from an increase of 3. 2 million in the property tax to be used solely for making improvements to infrastructure including preventing flooding by maintaining the storm sewer system ." Initial Property Tax Ballot Total Yes 47°/o Total No 46°/o Undecided 7°/o Informed Property Tax Ballot Total Yes Total No 51% 45% 4% .. PUBUC OPINION STRATEGIES Wheat Ridge Ballot Measure Feasibility Survey -July 2012 38 THE BOTTOM LINE 0 Residents hold positive views of the City, but some voters do raise concerns about how past projects have been handled. Moreover, there appears to be little recognition of the serious budget constraints under which the City is operating. This is true in most of Colorado. 0 Therefore, residents are cautious and divided over these measures. Some clearly believe these are worthy projects, but concern about government wasting the money is high. In our experience, if the measure is accompanied by a very specific plan -a list/map of projects to be tackled first that are throughout the community- residents can envision a tangible benefit for themselves. THE BOTTOM LINE 0 The City may also consider adding more accountability provisions to the measure to help overcome concerns about waste. Stating that the funds can only be used for the purposes listed and for nothing else; that funds can only be used within the City; that no or a small percentage (e.g. 4°/o) will be used for administrative purposes; and potentially adding a sunset could be helpful in overcoming concerns about how government will be responsible for these tax dollars. 0 Finally, it is worth noting that the underlying dynamics of these measures indicates a more receptive audience in a 2012 or 2014 election, rather than in low turnout elections. zen ow ~ ~ -~~ I ~ ~ ~ ~ a a..w ~ eli o ... ~ ~~ ~ ._, .. ~ U<( ~ ~ ~ -~ ....J~ . ~ ~ ~ all-~ ~ ..... ~ .. ~en ·~ ~~ ~ ~ ~ •• ~ :: ~ ~ "'~ i .( ..... • .,. City of • .. ~Wheat&_dge ~OFFICE OF THE CnY MANAGER TO: FROM: DATE: SUBJECT: Memorandum Mayor and City Council (\ \ Patrick Goff, City Manager~ July 23, 2012 Noise Ordinance City Council and staff discussed proposed amendments to the City's Noise Ordinance at the July 161h study session . After a lengthy discussion , direction was received from City Council to continue the discussion at a special study session after the regular City Council meeting on July 23'u. Staff will be working internally to redraft amendments to the Noise Ordinance based on Council recommendations from the July 16 1h study session. Therefore, additional information will not be included in this packet but will be emailed to City Council on Friday or Saturday. If you have any questions in the meantime please do not hesitate to call. CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER ___________ Council Bill No. _______ Ordinance No. _________ Series 2012 TITLE: AN ORDINANCE AMENDING SECTION 16-103 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING UNREASONABLE NOISE WHEREAS, the City of Wheat Ridge, acting through its City Council, has authority under Article 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, subject to conditions imposed 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. Section 16-103, entitled “Unreasonable noise; disturbing the peace” of the Wheat Ridge Code of Laws is amended to read as follows: (a) DEFINITIONS. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE MEANINGS INDICATED: AMPLIFIED SOUND SHALL MEAN THE OUTDOOR USE OR OPERATION ON PRIVATE PROPERTY OF ANY LOUDSPEAKER, PUBLIC ADDRESS SYSTEM, OR OTHER SOUND AMPLIFYING EQUIPMENT FOR THE PURPOSE OF GIVING INSTRUCTIONS, DIRECTIONS, TALKS, ADDRESSES OR LECTURES, OR FOR TRANSMITTING MUSIC OR SOUND TO ANY PERSONS OR ASSEMBLAGES OF PERSONS. AMPLIFIED SOUND SHALL NOT INCLUDE SOUND WHICH IS NOT AUDIBLE TWENTY-FIVE (25) OR MORE FEET FROM THE PROPERTY LINE OF THE PROPERTY UPON WHICH THE SOUND SOURCE IS LOCATED. SOUND-AMPLIFYING EQUIPMENT SHALL MEAN ANY MACHINE OR DEVICE FOR THE AMPLIFICATION OF A HUMAN VOICE, MUSIC OR ANY OTHER SOUND, OR BY W HICH THE HUMAN VOICE, MUSIC OR ANY OTHER SOUND IS AMPLIFIED. UNREASONABLE NOISE SHALL MEAN ANY EXCESSIVE OR UNUSUALLY LOUD SOUND, OR ANY SOUND WHICH DISTURBS THE PEACE AND QUIET OF ANY NEIGHBORHOOD OR CAUSES DAMAGE TO ANY PROPERTY OR BUSINESS. AMPLIFIED SOUND EVENT SHALL MEAN AN OUTDOOR EVENT ON PRIVATE PROPERTY AT WHICH AMPLIFIED SOUND IS PERMITTED PURSUANT TO THIS SECTION. EVENT LOCATION SHALL MEAN THE REAL PROPERTY AT WHICH AN AMPLIFIED SOUND EVENT IS HELD, EXTENDING TO THE EXTERIOR PROPERTY LINES THEREOF. IN THE CASE OF A RESIDENTIAL NEIGHBORHOOD “BLOCK PARTY” OR SIMILAR FUNCTION, THE EVENT LOCATION SHALL BE THE PUBLIC STREET USED FOR THE EVENT. (b) UNREASONABLE NOISE: GENERALLY It is unlawful for any person to INTENTIONALLY, KNOWINGLY, OR RECKLESSLY make, continue or cause to be made or to permit or assist another to make, continue or cause to be made, any unreasonable noise which, under all of the circumstances presented, would annoy, injure or endanger the comfort, repose or peace of a person of ordinary sensitivities. The following noises and circumstances shall be deemed as prima facie unreasonable IN THE CONTEXT OF THE ABOVE STANDARDS: (1) Any noise or sound which is audible twenty-five (25) or more feet from a mobile noise or sound source or from any loudspeaker, public address system, or other sound amplifying equipment in a motor vehicle in such a manner as to be plainly audible at twenty- five (25) feet. (2) Any noise or sound which is audible within a private residence that the person responsible for the sound has no right to occupy, specifically including but not limited to apartments, common interest communities and other multiunit dwelling structures. (3) Any noise, sound source or any person or group of persons engaged in loud and continuing activities which are audible twenty- five (25) or more feet from the noise source or at the property line of the property upon which the noise source is located or upon which such activities are taking place, continuing for a minimum of fifteen (15) minutes. (4) Any person performing or permitting the performance of trash pickup with a truck which has a compactor or the capacity to raise and dump dumpsters in any area zoned for residential uses between the hours of 11:00 p.m. and 7:00 a.m. For purposes of this paragraph, testimony that the name of a business which holds itself out as being in the business of trash hauling was written on the trash truck shall be prima facie evidence that the trash truck was owned by and under the control of the employer so identified. (c) AMPLIFIED SOUND EVENT: PERMIT REQUIRED AN OUTDOOR AMPLIFIED SOUND EVENT ON PRIVATE PROPERTY IS PERMITTED UNDER THIS SECTION UNDER THE FOLLOWING CONDITIONS: (1) THE EVENT SPONSOR MUST APPLY FOR AND RECEIVE AN ADMINISTRATIVE PERMIT FOR THE EVENT, ON FORMS PROVIDED BY THE CITY CLERK. (2) THE APPLICATION SHALL BE APPROVED, APPROVED W ITH CONDITIONS, OR DENIED BY THE CITY MANAGER, AFTER REVIEW BY THE POLICE DEPARTMENT AND ANY OTHER CITY DEPARTMENT AS APPROPRIATE. (3) NO AMPLIFIED SOUND EVENT PERMIT MAY BE ISSUED FOR AN EVENT OUTSIDE OF THE HOURS OF 9:00 AM AND 9:00 PM SUNDAY THROUGH THURSDAY AND 9:00 AM AND 10:00 PM FRIDAY AND SATURDAY. WITHIN THIS TIME RANGE, AMPLIFIED SOUND EVENTS SHALL BE LIMITED TO ___ HOURS OR LESS IN DURATION. (4) NO MORE THAN ___ AMPLIFIED SOUND PERMITS PER CALENDAR YEAR MAY BE ISSUED FOR ANY SINGLE LOCATION. (5) CONDITIONS MAY BE IMPOSED ON THE PERMIT TO ADDRESS THE NATURE AND LOCATION OF THE SPECIFIC EVENT. FAILURE OF THE PERMITTEE TO COMPLY WITH THE CONDITIONS MAY RESULT IN THE PERMIT BEING REVOKED. (6) THE POLICE DEPARTMENT SHALL HAVE AUTHORITY TO REQUIRE THE PERMITTEE TO REDUCE THE SOUND VOLUME, CURTAIL THE HOURS OF THE EVENT, OR CLOSE THE EVENT ENTIRELY, IF THE SOUND LEVEL AT THE EVENT, EVALUATED AT THE PROPERTY LINE OF THE COMPLAINING PARTY CONSTITUTES, IN THE POLICE DEPARTMENT’S SOUND JUDGMENT, UNREASONABLE NOISE. (7) AN AMPLIFIED SOUND EVENT FOR WHICH A PERMIT HAS BEEN ISSUED SHALL BE EXEMPT FROM THE PROVISIONS OF (B)(2) AND (B)(3) OF THIS SECTION. (d) ENFORCEMENT: ANY MEMBER OF THE POLICE DEPARTMENT WHO PERSONALLY OBSERVES A VIOLATION OF THIS SECTION INCLUDING AMPLIFIED SOUND EVENTS UNDER SUBSECTION (C), may serve as the complaining party in the prosecution of such violation, regardless of whether the officer’s observation was initiated by the complaint of another party. (e) EXEMPTIONS: (1) THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO ANY BELL OR CHIME OR TO ANY DEVICE FOR THE PRODUCTION OR REPRODUCTION OF THE SOUND OF BELLS OR CHIMES FROM ANY CHURCH, CLOCK, OR SCHOOL. (2) THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO SOUND MADE ON PROPERTY OWNED, CONTROLLED, OR LEASED BY THE CITY, THE STATE OR THE FEDERAL GOVERNMENT OR BY ANY AGENCY OR POLITICAL SUBDIVISION THEREOF, WHEN SUCH SOUND IS MADE BY AN ACTIVITY OF THE GOVERNMENTAL BODY OR SPONSORED BY IT OR OTHERS PURUSANT TO A CONTRACT, LEASE OR PERMIT ISSUED BY THE GOVERNMENTAL BODY. Section 2. 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 3. 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 29th 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: