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109 <br /> <br />hearing. Mr. Gouldman noted that the proposed ordinance has a number of exceptions, <br />such as Fridays After Five and maintenance on the mall. <br /> <br /> Ms. Richards asked what the First Amendment issues were with Alexandria's <br />original ordinance, and Mr. Gouldman said they had originally restricted street musicians <br />to one spot and limited the number of musicians. <br /> <br /> Mr. Toscano noted that there are both qualitative and quantitative aspects in the <br />ordinance, and asked why the 100 feet distance was included. <br /> <br /> Mr. Gouldman said that most other ordinances have a distance where noise above <br />background noise is clearly audible was measured. <br /> <br /> Mr. Toscano asked if the ordinance would apply to noise coming fi:om structures, <br />but Mr. Gouldman said as written it would not apply to those. <br /> <br /> Mr. Cox said he is interested in knowing what 75 decibels sounds like, and said if <br />we cannot rely on the civility of musicians, he thinks an ordinance needs to be adopted. <br />Mr. Cox said he would like to have this discussed further in the community and test the <br />noise levels. Mr. Cox said he thinks the ordinance should not be overly burdensome. <br /> <br /> Ms. Richard said she would also like to hear the noise levels, and is interested in <br />balancing the rights of businesses with the desire to maintain a lively atmosphere on the <br />mall. Ms. Richards noted that having noise limits would actually allow more performers <br />to be heard. Ms. Richards said she does not think diversity will be lost if an ordinance is <br />approved, and said she would like to find a way not to restrict outright certain <br />instruments. <br /> <br /> Mr. Lynch said he does not want to legislate civility, but noted that last summer <br />musicians were abusing the situation, though he has not seen that so far this year, and as <br />long as everyone is getting along he would prefer not to adopt an ordinance. If Council <br />wants to adopt an ordinance, he said he feels the decibel levels recommended are too low, <br />and feels that a limit of 85 or 90 decibels might be appropriate during the day. Mr. Lynch <br />said he would like to see the ordinance include musicians that are too close to businesses, <br />and would change the language to that plainly audible over normal background noise. <br />Mr. Lynch said he hopes Council does not have to pass the ordinance. <br /> <br /> Mr. Cox said he would be more comfortable if he could stand in the space and <br />hear the sound. <br /> <br /> Mr. Caravati said he thinks Council needs to visit the mall and try to determine <br />what is reasonable. <br /> <br /> Mr. Lynch said he is troubled that the ordinance does not address music from a <br />structure. <br /> <br />Council concurred that a noise level demonstration would be held. <br /> <br />PUBLIC HEARING: LEASH LAW FOR DOGS/DOGS IN PARKS <br />ORDINANCE <br /> <br /> Mr. O'Connell said that staff has been researching the issue of dog parks since it <br />was discussed by Council in February. <br /> <br /> Ms. Judy Mueller, Director of Public Works, said that staff did research on dog <br />parks in other communities at the request of Council. Ms. Mueller said that the Parks and <br />Recreation Advisory Board has recommended that Council adopt a leash law cRy-wide, <br />expand the dog area at Azalea Park and explore a dog area at Darden Towe Park, Chris <br />Green Lake and Walnut Creek Park. Dog areas in the parks in the County would require <br />a change in the County's ordinance. Ms. Mueller said it appears to be impossible to <br />provide both sides with what they want in the parks. Ms. Mueller said a consultant has <br />looked at damage to the banks at Riverview and Azalea Parks and feels the access by <br /> <br /> <br />