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HomeMy WebLinkAboutItem 04 - Outdoor Speakers MEMO TO: HONORABLE MAYOR, CITY COUNCIL MEMBERS AND THE PLANNING AND ZONING COMMISSION FROM: BRUNO RUMBELOW, CITY MANAGER ERICA MAROHNIC, PLANNING SERVICES DIRECTOR MEETING DATE: NOVEMBER 27, 2023, JOINT WORKSHOP SUBJECT: RECEIVE A REPORT, HOLD A DISCUSSION, AND PROVIDE STAFF DIRECTION REGARDING AMENDMENTS TO CHAPTER 12, HEALTH AND SANITATION OF THE GRAPEVINE CODE OF ORDINANCES AND CREATION OF SECTION 59, OUTDOOR SPEAKERS RELATIVE TO NOISE EMITTED BY OUTDOOR SPEAKERS. BACKGROUND: The City Council has determined that noise emitted by outdoor speakers can interfere with citizens’ quiet enjoyment of the City and the request for outdoor speakers by non-residential land uses has become frequent in recent months and years. To address the Council’s concerns, amendments are proposed to Chapter 12, Health and Sanitation of the City’s Code of Ordinances and to rename and amend Section 59, Reserved of the Zoning Ordinance to Section 59, Outdoor Speakers to revise existing standards and enhance the effectiveness of enforcement options. ISSUES: The changes proposed include updates to the ordinance and associated changes to the development application process for developments proposing outdoor speakers. The proposed amendments to Chapter 12, Health and Sanitation and creation and amendment of Section 59, Outdoor Speakers focus on refining the standards to include both subjective and objective standards, and the adoption of clear enforcement language. Additionally, the proposed ordinance amendments will except City-owned and sponsored events and properties from these noise restrictions. Proposed process changes include, but are not limited to, updating land use applications; requiring an outdoor speaker exhibit showing the number, type, and location of all outdoor speakers; providing speaker manufacturers’ specifications; providing information such as date and time ranges when speakers will be in use and how they will be used (e.g. ambient music, announcements, paging, etc.); providing minimum and maximum decibel levels during anticipated uses times; and showing sound intensity levels at consistent distances from each speaker location to the nearest property boundaries. AM23-07 1 November 27, 2023 – Joint Workshop ORDINANCE NO._____ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS AMENDING THE GRAPEVINE CODE OF ORDINANCES CHAPTER 12, HEALTH AND SANITATION, ARTICLE V. MISCELLANEOUS, SECTION 12-87 NOISE - CHARACTER, INTENSITY AND DURATION DETRIMENTAL TO HEALTH OR LIFE; SECTION 12-89 SAME - ENUMERATION, BY CREATING A NOISE NUISANCE AND BY CREATING A NEW SUBSECTION 12- 89(16); SPECIFYING DECIBLE LEVELS AND PROCEDURES FOR MEASURING DECIBLE LEVELS; AND PROVIDING ENFORCEMENT PROVISIONS; REPEALING CONFLICTING ORDINANCES; PROVIDING A PENALTY; PROVIDING A VALIDITY CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INCORPORATION INTO THE CODE OF ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City is a Home Rule municipality having full powers of self- government and may enact ordinances relative to its citizens’ health, safety, and welfare that are not inconsistent with the Constitution and laws of the State of Texas; and WHEREAS, the City Council has determined that noise emitted by outdoor speakers can interfere with citizens’ quiet enjoyment of the City and can offend the ordinary sensibilities of the public; and WHEREAS, the City Council has determined that it is in the best interest of the health, safety, and welfare of the public to adopt this Ordinance. WHEREAS, the City Council is authorized by law to adopt the provisions contained herein, and has complied with all the prerequisites necessary for the passage of this ordinance, including but not limited to the Open Meetings Act. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: Section 1. That, the above findings are hereby found to be true and correct and are incorporated herein by reference as if copied in their entirety. Section 2. That Chapter 12, Health and Sanitation, Article V. Miscellaneous, Section 12-87 noise - character, intensity and duration detrimental to health or life is hereby amended and replaced to read as follows: “12-87 Noise Nuisances - Definition DR A F T Ordinance No.______ 2 AM23-07 (1) Noise Nuisance shall mean any unreasonably loud, disturbing, and unnecessary noise or any loud, irritating, vexing or disturbing sound originating from a nearby property under separate ownership which causes injury, discomfort, or distress of a person of reasonable nervous sensibilities, or any sound that exceeds the maximum permitted sound levels specified in section 12-88. (2) Sound level shall mean the weighted sound pressure level obtained by the use of a sound level meter and frequency weighting network such as A, B or C as specified in American National Standards Institute specifications for sound level meters (ANSI S1.4-1971). If the frequency weighting employed is not indicated, the A-weighting shall apply. (3) Sound level meter shall mean an instrument which includes a microphone, amplifier, RMS detector, integrator or time averages, output meter, and weighting network used to measure sound pressure levels.” Section 3. That, Chapter 12, Health and Sanitation, Article V. Miscellaneous, Section 12-88 is hereby amended and replaced to read as follows: “12-88 Noise Nuisance - Standards It is declared a nuisance for any person to make a noise that meets the definition of Noise Nuisance in section 12-87, section 12-89, or any noise exceeding decibel levels as follows: (1) At any time, such that the sound level at or across a real property boundary exceeds eighty (80) dBA; or (2) The making of noise which exceeds sixty-three (63) decibels in a residential district as defined by Appendix D, Zoning Ordinance 82-73 when measured from property under separate ownership; or (3) The making of noise which exceeds seventy (70) decibels on retail or business district as defined by Appendix D, Zoning Ordinance 82-73 when measured from property under separate ownership; or (4) The making of noise which exceeds seventy-two (72) decibels in an industrial or manufacturing district as defined by Appendix D, Zoning Ordinance 82-73, when measured from property under separate ownership; or (5) The making of noise which exceeds eighty-five (85) decibels using the Leq method of noise measure for noise emanating from restaurants, bars, nightclubs, or other entertainment venues in an Entertainment and Attraction Overlay or Recreation/Amusement District, or retail or business district as defined by Appendix D, Zoning Ordinance 82-73 when measured from property under separate ownership. Any adjacent property owned, leased, controlled or managed by any person or entity or any affiliate that directly or indirectly controls, is controlled by, or shares common control with the other entity that has an DR A F T Ordinance No.______ 3 AM23-07 ownership interest or lease interest in the monitored property shall not be considered property under separate ownership for purposes of determining the boundaries of the noise source property in an entertainment district.” Section 4. That Chapter 12, Health and Sanitation, Article V. Miscellaneous, Section 12-89 is hereby amended to add a new Subsection 16 to read as follows: “Section 12-89 Same - Enumeration (16) A mechanical loudspeaker or sound amplifier in any outdoor space may not emit loud and raucous noise so as to interfere with the enjoyment of life or property or to interfere with public peace and comfort.” Section 5. That Chapter 12, Health and Sanitation, Article V. Miscellaneous, Section 12-90 is hereby amended and replaced to read as follows: “Section 12-90 Exceptions (1) It shall be unlawful for any vehicle to be equipped with and for any person to use upon a vehicle any bell, siren, or compression or exhaust whistle, except that vehicles operated in the performance of duty by law enforcement officers, the fire department and ambulances may attach and use a bell, siren, or compression or exhaust whistle. (2) The provisions of Sections 12-87, 88, 89, and 91 shall not apply to City owned or operated vehicles, properties, or to City sponsored events.” Section 6. That Chapter 12 Health and Sanitation, Article V. Miscellaneous, Section 12-91 is hereby amended and replaced to read as follows: “Section 12-91 Violations Violations of sections 12-87, 12-88 or 12-89 shall be misdemeanors subject to punishment as in section 1-6 of this code. When a violation occurs, the Grapevine Police Department, Building Official, or Code Enforcement Officer may issue a warning notice, verbal or written, or may issue one or more citations. Citations for continuing violations may be issued daily until the violation ceases.” Section 7. Validity. That, all ordinances of the City of Grapevine in conflict with the provisions of this ordinance be, and the same are hereby superseded and all other provisions of the ordinances of the City of Grapevine not in conflict with the provisions of this ordinance shall remain in full force and effect. Section 8. Severability. That should any paragraph, sentence, clause, phrase, or word of this ordinance be declared unconstitutional or invalid for any reason, the remainder of this ordinance shall not be affected. Section 9. Incorporation. That, this ordinance shall be deemed to be incorporated DR A F T Ordinance No.______ 4 AM23-07 into the Code of Ordinances of the City of Grapevine, Texas. Section 10. Effective Date. That, this ordinance shall take effect immediately following its passage, approval and publication as provided by law, and it is accordingly so ordained. DR A F T ORDINANCE NO. ______ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS, SAME BEING ALSO KNOW AS APPENDIX “D” OF THE CITY CODE OF GRAPEVINE, TEXAS, BY CREATING A NEW SECTION 59, OUTDOOR SPEAKERS; BANNING OUTDOOR SPEAKERS IN ALL ZONING DISTRICTS UNLESS THEY ARE APPROVED AS PART OF A CONDITIONAL USE PERMIT; SPECIFYING DECIBEL LEVELS AND PROCEDURES FOR MEASURING DECIBEL LEVELS FOR EXISTING OUTDOOR SPEAKERS; AND PROVIDING FOR ENFORCEMENT PROVISIONS; REPEALING CONFLICTING ORDINANCES; PROVIDING A PENALTY; PROVIDING FOR A VALIDITY CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INCORPORATION INTO THE CODE OF ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City is a Home Rule municipality having full powers of self- government and may enact ordinances relative to its citizens’ health, safety, and welfare that are not inconsistent with the Constitution and laws of the State of Texas; and WHEREAS, the City Council has determined that noise emitted by outdoor speakers can interfere with citizens’ quiet enjoyment of the City and can offend the ordinary sensibilities of the public; and WHEREAS, the City Council has determined that it is in the best interest of the health, safety, and welfare of the public to adopt this Ordinance; and WHEREAS, the City Council is authorized by law to adopt the provisions contained herein, and has complied with all the prerequisites necessary for the passage of this ordinance, including but not limited to the Open Meetings Act. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: Section 1. That, the above findings are hereby found to be true and correct and are incorporated herein by reference as if copied in their entirety. Section 2. That Section 59 of the Zoning Ordinance – “Reserved.”, is amended and renamed to “Outdoor Speakers”, and is hereby amended as follows: Section 59. Outdoor Speakers DR A F T Ordinance No._______________ 2 AM23-07 Outdoor speakers are prohibited in all zoning districts unless they are approved as part of a Conditional Use Permit under the provisions of Appendix D, Section 48 of this ordinance. The noise level produced by any outdoor speakers shall not exceed the following decibel levels: A. The sound level from an outdoor speaker at or across a real property boundary may not exceed eighty (80) dBA; or B. The sound level from an outdoor speaker may not exceed sixty-three (63) decibels in a residential district as defined by the Zoning Ordinance when measured from property under separate ownership; or C. The sound level from an outdoor speaker may not exceed seventy (70) decibels on retail or business district as defined by the Zoning Ordinance when measured from property under separate ownership; or D. The sound level from an outdoor speaker may not exceed seventy-two (72) decibels in an industrial or manufacturing district as defined by the Zoning Ordinance, when measured from property under separate ownership; or E. The sound level from an outdoor speaker may not exceed eighty-five (85) decibels using the Leq method of noise measure for noise emanating from restaurants, bars, nightclubs, or other entertainment venues in an Entertainment and Attraction Overlay or Recreation/Amusement District, or retail or business district as defined by the Zoning Ordinance when measured from property under separate ownership. Any adjacent property owned, leased, controlled or managed by any person or entity or any affiliate that directly or indirectly controls, is controlled by, or shares common control with the other entity that has an ownership interest or lease interest in the monitored property shall not be considered property under separate ownership for purposes of determining the boundaries of the noise source property in an entertainment district. F. Sound level shall mean the weighted sound pressure level obtained by the use of a sound level meter and frequency weighting network such as A, B or C as specified in American National Standards Institute specifications for sound level meters (ANSI S1.4-1971). If the frequency weighting employed is not indicated, the A-weighting shall apply. G. Sound level meter shall mean an instrument which includes a microphone, amplifier, RMS detector, integrator or time averages, output meter, and weighting network used to measure sound pressure levels. H. When the building official or his or her designee has determined that a violation of this article has occurred or is occurring, the following remedies are available, are nonexclusive, and may be taken individually, in combination, consecutively or concurrently: DR A F T Ordinance No._______________ 3 AM23-07 1. Issuance of a warning notice, verbal or written; 2. Issuance of one or more citations; 3. Suspension of the ability to operate outdoor speakers for a fixed period of time; and/or 4. Permanent suspension of the ability to operate outdoor speakers. Section 3. Validity. That all ordinances of the City of Grapevine in conflict with the provisions of this ordinance be, and the same are hereby superseded and all other provisions of the ordinances of the City of Grapevine not in conflict with the provisions of this ordinance shall remain in full force and effect. Section 4. Severability. That should any paragraph, sentence, clause, phrase, or word of this ordinance be declared unconstitutional or invalid for any reason, the remainder of this ordinance shall not be affected. Section 5. Incorporation. That this ordinance shall be deemed to be incorporated into the Code of Ordinances of the City of Grapevine, Texas. Section 6. Effective Date. That this ordinance shall take effect immediately following its passage, approval and publication as provided by law, and it is accordingly so ordained. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the _______ day of __________________ 2023. APPROVED: ________________________________ William D. Tate Mayor ATTEST: _________________________________ Tara Brooks City Secretary DR A F T Ordinance No._______________ 4 AM23-07 APPROVED AS TO FORM: _________________________________ Matthew C.G. Boyle City Attorney DR A F T