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CC 2014-08-12_11.b. Alternatives - Late Evening Noise in the VillageMEMORANDUM TO: CITY COUNCIL FROM: STEVEN ADAMS, CITY MANAGER ff' STEVEN ANNIBALI, CHIEF OF POLICE SUBJECT: CONSIDERATION OF ALTERNATIVES TO ADDRESS COMPLAINTS REGARDING LATE EVENING NOISE AND DISRUPTIONS IN THE VILLAGE DATE: AUGUST 12, 2014 RECOMMENDATION: It is recommended the City Council: 1) direct staff to prepare an ordinance that prohibits outdoor amplified noise after 10:00 p.m. and amends nuisance abatement procedures to provide the Police Department increased authority to address complaints; and 2) appropriate $2,500 for costs related to research and preparation of the' ordinance. · IMPACT ON FINANCIAL AND PERSONNEL RESOURCES: The recommendation will result in a projected cost of approximately $2,500 for the City Attorney's Office to research and draft the changes, which is recommended to be appropriated from the General Fund. There will also be some staff time involved in preparing the final rec_ommendations.-This item was not previously identified in the_ City's Critical Needs Action Plan or goals for this fiscal year. BACKGROUND: The City Council recently received a complaint regarding late evening noise disturbances in the Village, primarily related to one of the local drinking establishments. The City has received complaints regarding different related activities in the past. Complaints have primarily involved loud music. However, other issues have included damage to City property outside the establishments, fights, and -people yelling. The com-plaint was referred to staff for follow-up. ANALYSIS OF ISSUES: The Police Department has responded to all complaints received. However, most enforcement has involved attempts to obtain voluntary compliance. The City's existing noise ordinance is based on decibel limits, which makes both determination of violations and enforcement difficult. The City's public nuisance abatement Item 11.b. - Page 1 CITY COUNCIL . . CONSIDERATION OF ALTERNATIVES TO ADDRESS COMPLAINTS REGARDING LATE EVENING NOISE AND DISRUPTIONS IN THE VILLAGE AUGUST 12, 2014 PAGE 2of3 provisions also are limited in their capability to eliminate ongoing problems unless they reach a severe level. · Meanwhile, the City's economic development efforts have been focused on encouraging more nighttime activities and visitor serving busi.nesses to increase activity and vitality of the City's commercial areas. Therefore, staff believes it is important to avoid creating new regulations that could serve as a disincentive for new food, beverage and hospitality related establishments. As a result, staff believes it is important to identify new regulations to help address these issues in both a proactive and reasonable manner. It is important to recognize that it is not possible to eliminate all noise impacts from commercial areas if the City wants to promote successful nighttime activity. However, staff's recommendations are designed to restrict activities and noise to levels that are reasonable for neighbors tc;> experience and businesses to achieve. Staff has identified three recommended actions: 1. The current decibel based noise restrictions are largely designed to address noise levels from miscellaneous sources. Staff believes it would be more effective to add restrictions to specific noise generating activities that the City can identify as a problem. As a result, it is recommended that an ordinance be adopted that prohibits any outdoor amplified .noise later than 10:00 p.m. 2. It is recommended the nuisance abatement· provisions of the Municipal Code be amended to· provide the Police Department with r110re tools to respond to incidents when calls are received from multiple complainants. The City Attorney's office has conducted preliminary research and has identified a number of cities that have adopted ordinances designed to address nuisance problems created by bars, nightclubs and similar establishments. Additional research will be necessary to determine if such an approach would be desirable and effective for the City. These are comprehensive ordinances modeled on an approach from· the City of Oakland. that has been upheld in a court of appeals case. The ordinances address such businesses on the basis that even if they are operating under a legal nonconforming status and are long established uses with valid ABC licenses, they do not have a right to operate in such a manner that they create a public nuisance. They include performance standards relating to impacts on public health, peace and safety, and address such conduct as the need for poli_ce interventions because of such things as disturbing the peace, public drunkenness, drinking in public, public urination, excessive littering, excessive loud noises, etc. The ordinances provide a notice and hearing procedure for alleged violations, as well as penalties and a range of remedies Item 11.b. - Page 2 CITY COUNCIL CONSIDERATION OF ALTERNATIVES TO ADDRESS COMPLAINTS REGARDING LATE EVENING NOISE AND DISRUPTIONS IN THE. VILLAGE AUGUST 12, 2014 PAGE.3 of3 that can be used to address problems that have been identified for a particular business. 3. It is recommended the Police Department work with the Fire Depa'rtment to improve enforcement of existing occupancy regulations. ALTERNATIVES: The following alternatives are presented for consideration: • Approve staff's recommendations; • Direct staff to prepare more or less stringent recommended strategies; • Direct staff to delay proceeding and to incorporate the effort into next year's goals; • Direct staff not to proceed aQd to continue to only enforce current provisions as necessary; or • Provide staff other direction. ADVANTAGES: The recommendations will provide the Police Department more capability to respond to complaints regarding evening disturbances, particularly in the Village, but will also limit changes to reasonable, focused regulations that will not impact the City's economic development efforts. DISADVANTAGES: The changes will result in a financial cost and impact .to staff resources to proceed at this time. · ENVIRONMENTAL REVIEW: Environmental review was accomplished through the subdivision process. PUBLIC NOTIFICATION AND COMMENTS: The agenda was posted in front of City Hall on Thursday, August 7, 2014 and on the City's website on Friday, August 8, 2014. No comments were received. Item 11.b. - Page 3 THIS PAGE INTENTIONALLY LEFT BLANK Item 11.b. - Page 4