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206~ NOTICE OF SPECIAL MEETING A SPECIAL MEETING OF THE COUNCIL WILL BE HELD ON Monday, September 26, 1988 AT 7:30 p.m. IN THE Council Chamber. THE PROPOSED AGENDA IS AS FOLLOWS: Public Hearing: Noise Ordinance Ordinance: Noise Ordinance (2nd reading) Executive session to discuss personnel matters and disposition of property as exempted by Section 2.1-344(a) (1) and (2) of the Virginia Freedom of Information Act. BY ORDER OF THE MAYOR BY Jeanne Cox (signed) COUNCIL CHAMBER - SEPTEMBER 26, 1988 Council met in special session on this date with the following members present: Mr. Buck, Rev. Edwards, Mr. Towe, Mr. Vandever, Ms. Waters. PUBLIC HEARING: NOISE ORDINANCE Mr. Clyde Gouldman, City Attorney, reviewed the proposed noise ordinance, noting that it is hoped that State legislation will be passed which will allow enforcement of the previously adopted noise ordinance. Mr. Gou!dman pointed out that barking dogs are addressed in a separate section of the City Code. Mr. Gouldman stated that Martha Jefferson Hospital has requested that emergency generators operated by health care facilities be included among the exemptions of the proposed ordinance. The public hearing was opened. Mr. Roger Rydin of Cabell Avenue stated that since the previous noise ordinance has not been enforceable, the situation in his neighborhood has gotten out of control and he felt it is imperative to have an enforceable law in place. Mr. Tom Scott, President of the University of Virginia Student Council, opposed the proposed noise ordinance because of its vagueness and subjectivity and recommended that a decibel level be used instead, or that a warning be given to remedy the noise situation. Mr. Robert Smith of 1836 University Circle, stated that while he recognized that living among students is different than living in most neighborhoods in the City, the noise, trash and traffic situation in his neighborhood have gotten increasingly worse over the past ten years and he urged Council's adoption of the ordinance. Mr. Bruce Torrence of University Circle stated that he did not think that University students are aware of the noise problems and he supported the noise ordinance as positive for the community. Mr. Buzz Frahn, Vice President of the Interfraternity Council, opposed the ordinance because of its vagueness, subjectivity and discretionary nature. Mr. Frahn stated that he would support a warning period and proposed that IFC members, the police and University leaders get together to work out an alternate ordinance. Mr. Frahn also recommended that on-call IFC members and fines be reintroduced to deal with the noise problems. Mr. Ed Rogers, a University student, opposed the ordinance because of the subjective standard of unreasonableness and the possibility of arbitrary enforcement by the police. Mr. Michael Dowling of Preston Place supported the proposed ordinance, noting that we do not live in a society of unlimited freedoms. Mr. Dowling also recommended that