HomeMy WebLinkAbout2025-01-28 Sean Thompson
Charlene Way
From:Sean Thompson <seanst@mac.com>
Sent:Monday, January 27, 2025 4:56 PM
To:Charlene Way
Cc:Linda Ritter; Nick Napoli; Clerks Comment; Bill Parsons
Subject:Re: Comments 4300 E. Fairview Ave H-2024-0049
External Sender - Please use caution with links or attachments.
COMMENTS: Proposed Development and Current Noise Ordinances - 4300 E
FAIRVIEW AVENUE
The Ada County, Idaho noise ordinance prohibits loud or unusual noise between 10 PM and 7
AM. It applies to any noise that can be heard from a residence or business, or from a public
street or right-of-way that's at least 100 feet away.
It shall be unlawful by means of voice, musical instrument, horn, radio, loudspeaker (drive-
thru window ordering systems) automobile, machinery, other sound amplifying equipment,
domesticated animals, or any other means which disturbs the peace, quiet, and comfort of
any reasonable person of normal sensitiveness residing in the area.
These noises are prohibited within 100 feet of the Venture Subdivision.
Does Meridian City planning department anticipate making the
applicant request a noise variance or noise exception from Ada County for the
proposed development which potentially violates the Noise Ordinance already
in effect?
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ADA COUNTY IDAHO CODE
CHAPTER 13 NOISE
SUMMARY
The Ada County, Idaho noise ordinance prohibits loud or unusual noise between 10 PM and 7 AM. It
applies to any noise that can be heard from a residence or business, or from a public street or right-
of-way that's at least 100 feet away.
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What's prohibited?
Loud noises from voices, instruments, horns, radios, loudspeakers, automobiles, machinery,
and other sound amplifying equipment
Noise from domesticated animals
Any noise that disturbs the peace, quiet, and comfort of a reasonable person
Exceptions
Construction and landscape maintenance noise can start at 6 AM during the summer months of June,
July, and August
Authority
The ordinance is authorized by Article 12, section 2 of the Idaho constitution
It's also authorized by Sections 31-714 and 31-801 of the Idaho Code
5-13-3: PROHIBITED ACTS:
A. Between the hours of ten o'clock (10:00) P.M. one day and seven o'clock (7:00) A.M. the next day, it shall
be unlawful for any person or business to make, cause, or allow loud or unusual noise by means of voice,
musical instrument, horn, radio, loudspeaker, automobile, machinery, other sound amplifying equipment,
domesticated animals, or any other means which disturbs the peace, quiet, and comfort of any reasonable
person of normal sensitiveness residing in the area. Loud or unusual noise is that which is plainly audible
within any residence or business, other than the source of the sound, or upon a public right- of-way or
street at a distance of one hundred feet (100') or more from the source of said sound.
B. Due to extreme heat during the summer months of June, July and August construction noise may begin at six
o'clock (6:00) A.M.
C. Due to extreme heat during the summer months of June, July and August landscape maintenance noise
may begin at six o'clock (6:00) A.M. (Ord. 331, 6-3-1997; amd. Ord. 710, 9-2-2008; amd. Ord. 753, 6-21-
2010; amd. Ord. 922, 6-22-2021)
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MERIDIAN CITY POLICY REGULATIONS
6-3-6: NOISES CREATING PUBLIC DISTURBANCE:
SUMMARY
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Meridian, Idaho's noise ordinance prohibits loud or offensive noises that disturb the peace, comfort, or
safety of others. The ordinance also prohibits the obstruction of vehicular or pedestrian traffic.
When is the ordinance in effect?
The ordinance is in effect between 11 PM and 6 AM
It can also be in effect at any time if it unreasonably disturbs others
What noises are prohibited?
Loud noises
Loud noises made by voices, musical instruments, horns, radios, loudspeakers, automobiles,
machinery, and other sound amplifying equipment
Construction noise
Construction noise is limited to starting at 7 AM Monday through Friday, and 6 AM during June,
July, and August
Landscape maintenance noise
Landscape maintenance noise is limited to starting at 7 AM Monday through Friday, and 6 AM
during June, July, and August
Repetitive motor vehicle sounds
Frequent, repetitive, or continuous sounds from motor vehicles, motorcycles, and other internal
combustion engines
Yelling or shouting
Yelling, shouting, hooting, whistling, or singing that unreasonably disturbs others
What is considered a public disturbance noise?
Noises that annoy or disturb others
Noises that injure or endanger the public
—————————————————————————————————————————
ADA COUNTY IDAHO CODE
CHAPTER 13 NOISE
5-13-1: SHORT TITLE:
This chapter shall be known and cited as the ADA COUNTY NOISE ORDINANCE. (Ord. 331, 6-3-1997)
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5-13-2: AUTHORITY AND PURPOSE:
This chapter is enacted pursuant to authority conferred by article 12, section 2, Idaho Constitution, and
sections 31-714, 31-801, Idaho Code. Its purpose is to provide for and further the safety, health, peace,
good order, comfort and convenience of the inhabitants of Ada County by providing a procedure for
abating loud or offensive noises within the County between the hours of ten o'clock (10:00) P.M. and
seven o'clock (7:00) A.M. (Ord. 331, 6-3-1997)
5-13-4: EXEMPTIONS AND TEMPORARY WAIVERS:
A. Exemptions: This chapter shall not apply to emergency vehicles, while acting in response to an
emergency; locomotive or other railway equipment; airplanes and other FAA regulated aircraft; nor
public displays of fireworks authorized and approved under chapter 26, title 39, Idaho Code. The Board
may grant other exemptions to the ordinance after approval of a resolution that includes a rationale
explaining why the exemption is warranted. An exemption to the ordinance shall consider factors,
including but not limited to:
1. The historical timeframe of the activity(s);
2. The surrounding land use when the activity(s) began;
3. The number of people served by the activity(s);
4. The benefit of the activity(s) to the community;
5. The adverse impact on the existing activity(s) to comply with ordinance;
6. The time of day the activity(s) begins;
7. The duration of the activity(s), i.e. seasonal or continuous; and
8. Whether reasonable alternative locations exist to host the activity(s).
B. Temporary Waivers: A person or entity may apply to the Board of Ada County Commissioners for a
temporary waiver from the provisions of this chapter. Such application shall be submitted to the Board of
Ada County Commissioners at least thirty (30) days in advance of the date of the activity or event seeking
the waiver. As part of the application, the applicant shall notify property owners within three hundred feet
(300') of the external boundaries of the lot or parcel on which the event or activity will be conducted of
the event or activity. (Ord. 331, 6-3-1997; amd. Ord. 332, 6-26-1997; amd. Ord. 871, 8-22-2017; amd Ord.
872, 9-12-2017; amd. Ord. 922, 6-22-2021)
5-13-5: PENALTY:
Any person violating any provision of this chapter shall be deemed guilty of a misdemeanor and, upon
conviction thereof, shall be punishable as provided in section 18-113, Idaho Code as it may from time to
time be amended and/or retitled. (Ord. 331, 6-3-1997; amd. Ord. 603, 1-30-2006)
—————————————————————————————————————————
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MERIDIAN CITY POLICY REGULATIONS
6-3-6: NOISES CREATING PUBLIC DISTURBANCE:
A. Prohibited Acts: Between the hours of eleven o'clock (11:00) P.M. and six o'clock (6:00) A.M., or at any
time so as to unreasonably disturb or interfere with the peace, comfort or enjoyment of others, it is
unlawful for any person to cause, or for any person in possession of property to allow to originate from
such property, sound that is a public disturbance noise. The following sounds are determined to be
public disturbance noises:
1.Horns Or Sirens: The frequent, repetitive or continuous sounding of any horn or siren attached to a
motor vehicle, except as a warning of danger or as specifically permitted or required by law;
2.Repetitive Motor Vehicle Sounds: The creation of frequent, repetitive or continuous sounds in
connection with the starting, operation, repair, rebuilding or testing of any motor vehicle, motorcycle, off
highway vehicle or internal combustion engine within a residential district, so as to unreasonably disturb
or interfere with the peace, comfort and repose of owners or possessors of real property;
3.Yelling Or Shouting: Yelling, shouting, hooting, whistling or singing on or near the public streets which
unreasonably disturb or interfere with the peace, comfort and repose of owners or possessors of real
property;
4.Noise From Buildings: The creation of frequent, repetitive or continuous sounds which emanate from
any building, structure, apartment, or condominium, or from any fixture or apparatus attached thereto,
which unreasonably interfere with the peace, comfort, and repose of owners or possessors of real
property, such as sounds from audio equipment, musical instruments, band sessions or social
gatherings;
5.Motor Vehicle Sound Systems:
Sound from motor vehicle sound systems, such as tape players, radios, and compact disc players,
operated at a volume so as to be audible greater than fifty feet (50') from the vehicle itself;
6.Audio Equipment: Sound from audio equipment or any device that amplifies sound, operated at a
volume so as to be audible greater than fifty feet (50') from the source or so as to unreasonably disturb or
interfere with the peace, comfort and repose of owners or possessors of real property.
B. Exceptions:
1.Sounds caused by any emergency vehicle or personnel when responding to an emergency call or
acting in time of emergency.
2.Sounds caused by activities upon any outdoor municipal, school, religious, or publicly owned property,
park, or facility, provided that such activities have been authorized by the owner of such property or
facility or its agent.
3. Sounds caused by parades, fireworks displays, or any other event for which a permit for that type of
activity is required and has been obtained from the authorized governmental entity within such hours as
may be imposed as a condition for the issuance of said permit.
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4. Sounds caused by locomotives or other railroad equipment.
5. Sounds caused by burglar alarms that are not in violation of this code.
6. Sounds caused by safety warning devices required by law.
7.Sounds caused by devices or machinery that is part of the use within the confines of the particular
zoning designation that the device is located or pursuant to a conditional use permit (i.e., drive-through
window speakers, car lot PA systems).
8.Sounds emanating from devices used within the common areas of a multi-unit facility whose use has
been approved by the owners or management of the facility. Said use must comply with any regulations
imposed by the owners or management of the facility to be exempt under this section. This exemption
only applies in relation to other units within the same facility.
C. Violation, Penalties: A violation of this section shall be a misdemeanor. (Ord. 12 1517, 6-2-6 2012, eff.
7-1-2012).
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