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2004-10-18
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2004-10-18
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City Council
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10/18/2004
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Minutes
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10 <br /> <br />Police cannot do anything about that situation. She said there may be many others who <br />are inconvenienced on a regular basis, but are discouraged because they have no <br />protection under the law. She said we should protect our citizens from noise intrusions <br />late at night, particularly as we are moving to mixed use corridors. <br /> <br /> Mr. Schilling concurred with Ms. Hamilton, and said that in light of our zoning <br />changes, we need to see how they will affect our residents. Mr. Schilling asked how noise <br />levels in the new amphitheater will be dealt with. He asked how those complaints are <br />handled under the current law. <br /> <br /> Ms. Kelley said that the amphitheater is not covered under the current ordinance. <br />She said this can be looked at if Council is interested in revising the noise ordinance. She <br />said we need to determine how often it is occurring and at what times of day if we want to <br />establish new standards. She said we may need to bring in someone who is an expert in <br />the area. <br /> <br /> Mr. Schilling said we need to be prepared to deal with calls regarding noise from <br />the amphitheater. He said we have a dark skies provision and sound can be as much as or <br />more invasive. He said we need better tools to address deafening car stereos and need to <br />put more teeth into the ordinance. He said he also supports clarifying the modification of <br />mufflers. <br /> <br /> Mr. Caravati suggested a 50 foot audible all day long for car stereos and said we <br />should make sure we are at the statutory limit for penalties. He agreed about clarifying <br />the muffler issue. He said in commercial districts we need some type of tool for police, <br />and said we may be able to apply a time restriction of 10:00 p.m. to 5:00 a.m. He said he <br />does not have fear about noise from the new amphitheater mostly because of the time of <br />events but also because it will have a state of the art sound system. He said he is more <br />concerned about noise coming from the University of Virginia football stadium. <br /> <br /> Dr. Brown agreed with Ms. Hamilton that people do not call to complain about <br />noise from commercial district because they know the police cannot do anything. Dr. <br />Brown asked about the disposition of these calls. Dr. Brown also asked about the <br />penalties and if the police know about repeat offenders. <br /> <br /> Ms. Kelley said that by the third call to a location a summons is issued. She said <br />the police keep track of the disposition of each report. <br /> <br /> Dr. Brown said we are hamstrung by needing data not supposition. He suggested <br />holding a public hearing to get more input from residents and businesses in order to get a <br />better understanding of the problem. <br /> <br /> Ms. Kelley said that if Council decides to pursue expanding the noise ordinance to <br />other commercial areas, information needs to be collected on what decibel levels will be <br />restricted. She said what is appropriate on the downtown mall may not be appropriate <br />elsewhere. <br /> <br /> Dr. Brown asked about the difficulty of using decibel levels, and Ms. Kelley said it <br />is difficult to measure moving targets. She said another issue that is not all police carry <br />noise meters with them because there are a limited number of them. <br /> <br /> Mr. Lynch said he is not in favor of getting a professional consultant. He said he <br />thinks a cross between the mall and residential areas could be used. <br /> <br /> Ms. Kelley said that basic information is still needed regarding the appropriate <br />decibel level and the distance. <br /> <br /> Dr. Brown asked staff to schedule a time for Council to meet to determine baseline <br />data. Dr. Brown said he would also support decreasing the distance for car stereos. He <br />suggested holding a public hearing when Council has proposals to consider. <br /> <br /> <br />
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