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Home My WebLink AboutCAP 2013-08-26 Item 2B - Update - Amplified Noise in Ciry ParksCity of Tukwila Jim Haggerton, Mayor INFORMATIONAL U��U�^��U� nn�n ��n`�n�n��n u��n��~ nmn�~n�n��nn�~�n��n�n TO: Mayor Haggerton Community Affairs and Parks Committee FROM: Rick Still, Parks and Recreation Director DATE: August 21, 2013 SUBJECT: Amplified Noise in City Parks ISSUE Citizens' concerns regarding amplified noise in city parks. BACKGROUND At the July 22, 2013 City Council meeting a resident expressed their concern regarding amplified music intruding upon their privacy and serenity at their home located near Joseph Foster Memorial Park. DISCUSSION After looking at the Tukwila Municipal Code (TMC) Chapter 8.22 Noise (Attachment A), there are a few things that can be done as a short term potential solution while we research and prepare a long term solution. In the short term, staff has: 1. Informed rental groups of the TMC and to be respectful to residents, 2. Installed temporary signs at the picnic shelter stating the TMC regarding amplified noise. These items have been done and we have not received any citizens' concerns regarding amplified noise since this action was taken. We do have direct communication and guidance with groups that rent the facility; however, we do not have the opportunity to inform general park users aside from the signage. We may need to develop a long term solution to general park users if these are the persons who are disturbing our neighbors. Staff can perform an audit regarding the proximity of the picnic shelters to residents to see if any amplification should be disallowed, i.e. the shelter is closer than 50' to homes. A more general policy may need to be considered if people are amplifying noise while using the park somewhere other than the picnic shelter. The TMC and Park Rules signs may need to be updated with a stricter rule regarding amplified noise in the parks. Staff will research what other cities' do to control amplified noise, work with the Police Department and Code Enforcement to prepare a recommendation for the Park Commission to review. The Community Affairs and Parks Committee will be updated on any recommendations as this item moves forward. FINANCIAL IMPACT The short term solution costs include staff time of calling rental groups and the posting of temporary signs. The long term solution may include costs related to the purchase and posting of permanent signs and staff time to research and develop revisions to the TMC. INFORMATIONAL MEMO Amplified Noise in City Parks Page 2, August 21, 2013 RECOMMENDATION Staff recommends that research be performed what other cities' do to control amplified noise, work with the Police Department and Code Enforcement to prepare a recommendation for the Park Commission to review; and to keep the Community Affairs and Parks Committee informed of the progress as the long term solutions are developed. ATTACHMENTS Attachment A: TMC Page 8 of Title 8.22.050 W:12013 Info Memos-Council\Ampiified Noise 8 26 13 Update.doc 26 TITLE 8 — PUBLIC PEACE, MORALS AND SAFETY District of Sound Producing Source District of Receiving Property Residential Daytime Residential, Nighttime Commercial Industrial Residential 55 dB(A) 45 dB(A) 57 dB(A) 60 dB(A) Commercial 57 dB(A) 47 dB(A) 60 dB(A) 65 dB(A) Industrial 60 dB(A) 50 dB(A) 65 dB(A) 70 dB(A) 2. At any hour of the day or night, the applicable noise limitations above may be exceeded for any receiving property by no more than: a. 5 dB(A) for a total of 15 minutes in any one - hour period; b. 10 dB(A) for a total of 5 minutes in any one - hour period; or c. 15dB(A) for a total of 1.5 minutes in any one - hour period. 3. The following also exceeds the maximum permissible sound levels: a. In all districts of the City, no sound from a sound - producing source is permitted that is: 1) plainly audible from a motor vehicle sound system at a distance of at least 50 feet from the vehicle itself; or 2) plainly audible commercial music at a distance of at least 50 feet from the property line of the commercial establishment; or 3) plainly audible during nighttime hours from within a noise - sensitive unit of the receiving property; and -b. When the receiving property is in a residential district, no sound from a sound- producing source is permitted that is plainly audible at a distance of at least 50 feet from the exterior of a sound - producing source, including sounds created by any motor vehicle operated off public highways. (Ord. 2293 §6, 2010) 8.22.060 Muffler Requirements It is unlawful for any person to operate or for any owner to permit any person to operate any motor vehicle upon the public highways that is not equipped with a muffler in good working order and in constant operation. (Ord, 2293 §7, 2010) 8.22.070 Modification of Motor Vehicles It is unlawful for any person to operate a vehicle that has been modified or changed in any way or has had installed any device thereon in any manner that permits sound to be emitted by the motor vehicle in excess of the limits prescribed by this chapter. It is unlawful for any person to remove or render inoperative or cause to be removed or rendered inoperative (other than for purposes of maintenance, repair or replacement) any muffler or sound dissipative device on a motor vehicle that is operated on the public highway. (Ord. 2293 §8, 2010) 8.22.080 Tire Noise It is unlawful for any person to operate a motor vehicle in such a manner as to cause or allow to be emitted squealing, screeching or other such sound from the tires in contact with the ground because of rapid acceleration or excessive speed around corners or other such reason; provided, that sound resulting from emergency braking to avoid imminent danger shall be exempt from this section. (Ord. 2293 §9, 2010) 8,22.090 Motor Vehicle Exemptions Sounds created by motor vehicles operated on public highways are subject to the provisions of TMC Sections 8.22.060 through 8.22.080 and are exempt from TMC Section 8.22.050. However, sounds created by motor vehicles operated off public highways and motor vehicle audio systems operated anywhere are subject to the provisions of TMC Section 8.22.050. (Ord. 2293 §10, 2010) 8.22.100 Sounds Exempt at all Times A. The following sound - producing sources are exempt from the provisions of this chapter at all times: 1. Aircraft in flight and sounds that originate at airports that are directly related to flight operations. 2. Safety and protective devices, such as relief valves and fire alarms, where noise suppression would defeat the intent of the device. 3. Systems used to warn the community of an imminent public danger or attack, such as flooding, explosion or hurricane. 4. Emergency equipment activated in the interest of law enforcement, activated to perform emergency work as defined in TMC Section 8.22.020, or activated in response to a power outage where it is necessary to activate such equipment to preserve the health and safety of persons or to prevent harm to property. 5. Warning devices not operated continuously for more than five minutes per incident. 6. The operation of equipment or facilities of surface carriers engaged in commerce by railroad. 7. Natural phenomena. -4- 8. City- sanctioned parades, sporting events and other City- sanctioned public events. 9. Sounds created by equipment used for public highway maintenance and construction, provided the receiving property is located in a commercial or industrial district of the City and provided that the applicant shall provide written notice to all residents within 500 feet of the project including all residents of multi - family complexes. Notice shall be provided between ten and thirty days of the onset of construction activity and shall enumerate the anticipated construction schedule for the length of the project. An affidavit of distribution shall be provided to the City. Produced by the City of Tukwila, City Clerk's Office Page 8-127