HomeMy WebLinkAboutLetter by Paul GeileSeptember 16, 2008
Mendlan City Planning and Zoning
660 East Watertower Street, Suite 202
Meridian, Idaho 83642
Att: Sonya Watters
Dear Sonya,
-~~ ~~~
s~~~ ~ ~ ~pa~ ~~ ~VFI)
~ ~JF ~f'Er~;JI~i~Pj C~o* ~~
ar f~~~
Per our conversation last week I am forwarding some information that may be helpful in
your prepazation of the CUP requested by Meridian High School concerning the public
address system. I am writing for my pazents, Tom and Bazbaza Geile; they are neighbors
directly adjacent to the West of this use.
Includes are:
Copy of Meridian City Code that relate to noise (6-3-6 and 4-2-4)
Copy of Boise City Code related to Noise Violations
Copy of Boise City Pazks and Recreation rules concerning Amplified Sound
Copy of Boise Pazks and Recreation Application for Amplified sound permit
Decibel level Chart indicating various activities and the associated dB level
Copy of items we brought up in the Neighborhood meeting on this CUP
Meridian High School's response to issues raised at this meeting (Hummel Architects)
If you choose to expand your seazch for noise regulation to other cities, the following
website is a clearinghouse for noise regulation. This site allows you to easily (one click)
access 50 or so noise ordinances azound the country.
htt ://www.nonoise.or lawlib/cities/cities.htm
The purpose of this documentation is to allow you to defend a recommendation of a
reasonable dB (sound volume) limitation as well as an "hours of operation" restriction.
Please keep in mind the following:
If the application is application is approved with only the exemption from the 100'
rule (as presumably proposed) then the volume, content, and hours of operation
become completely unregulated. This means -any content -any time -any volume.
During the testing of this system it was virtually impossible to use the phone inside
my parents home.
This applicant built, tested, and began using a device that was knowingly not permitted.
They are now asking for an exemption from a code provision (two instances) and the
official creation of a virtually unregulated. use.
There are a limited number of potential spectators for these games. Due to the
design of the facility the spectators are quite close to the field, making a PA system of
dubious value. The number of residents exposed to this noise pollution will typically
far outnumber the intended audience.
The High School is exempt from noise violation prosecution under 6-3-6A-4
and 6-3-6A-6, limiting neighbors recourse if noise levels become in clear violation of
what the city has deemed reasonable in other residential zones. This is why the CUP
process must be used to protect neighbors.
Our property is currently zoned RUT (Ada county) which in other proceedings has been
considered "residential" and will likely in the neaz future contain high density
residential use. The school is currently zoned R4
The High School has and continues to use very limited restraint with the use of their
existing public address system. Most announcements from this system are clearly
heard at over 600' for the neazest speaker.
We would be hesitant to rely on the "agreement between neighboring properties" as
mentioned in the school's response (item S) after the school has been given
an official "carte blanche" concerning noise pollution.
What we want:
As listed in the neighborhood meeting information, we would recommend that this
permit be denied on the basis that it is lazgely unnecessary and unduly imposes noise
pollution an a large area of existing residential properties.
What we can live with:
If denial of the permit is not possible, then reasonable restrictions should be placed on
this use, including hours of operation (8:00 am to 10:00 pm), dB restriction as measured
at our property line (70 dB), no music (other than National Anthem), and PA 'use by
announcers only - at official games.
I realize that the schools have enjoyed wide latitude in the amount of noise spillage that
they produce. We do not want the School to be prosecuted every time the marching band
needs to practice. This latitude however has led to significant levels of disrespect for the
"peace, comfort and enjoyment" (as mentioned in Meridian City Code) of the
surrounding residents.
I hope that this information will be helpful. We do not mind living in a reasonable
regulatory environment. I hope that you can assist in creating this.
Thank you,
~~ -
Paul Geile, 4717 i ow Lane oise, Idaho 8 04
Meridian City Code
4-2-4: NOISES; PUBLIC ADDRESS SYSTEMS:
A. Radios, Televisions, Loudspeakers: It shall be unlawful for any person to
operate a radio, television set, loudspeaker or other noisome device in such a
manner that it disturbs the pease and quiet of nearby residents.
B. Public Address Systems; Permit: The use of public address systems, whether
stationary or mobile, are prohibited without first obtaining a permit from the city
clerk therefor. In the case of the use of a stationary public address system, a
permit shall be issued only after an application fvr such permit has been signed
by seventy five percent (75%) of occupants of residences, as determined by the
records of the municipal utilities billing services records, within a radius of five
hundred feet (500') of the proposed location of such public address system.
(1955 Code § 8-905; amd. 1999 Code)
~,
Meridian City Code
6-3-6: NOISES CREATING PUBLIC DISTURBANCE:
A. Prohibited Acts: It is unlawful for any person to cause, or for any person in
possession of property to allow to originate from the 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 Dr Shouting: Yelling, shouting, hooting, whistling or singing on ar 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, ar condominium,
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 thanfifty feet (50') from the vehicle itself;
fi. Audio Equipment: Sound from audio equipment or any device that amplifies
sound, such as tape players, radios, or compact disc players, operated at a
volume so as to be audible greater than fifty feet (50') from the source, and if not
operated upon the property of the operator.
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 has 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.
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-thru 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
Boise Municipal Code
Chapter b-20
NOISE
Sections:
b-20-O1 PURPOSE
b-20-02 DEFINITIONS
6-20-03 NOISE PROHIBITIONS
b-20-04 ENFORCEMENT
6-20-OS ORDINANCE ADDITIONAL TO OTHER LAW
6-20-06 EXEMPTIONS
b-20-07 PENALTY
b-20-08 SEVERABILITY
Section b-2 0-O1 PURPOSE
The purpose of this Ordinance is the protection of the
health, safety, and welfare of the citizens of Boise. It is
determined that sound can and does constitute a hazard to the
health, safety, welfare, and quality of life of residents of the
city. The Mayor and Council, by way of Tdaho Code Section 50-308
are empowered to impose reasonable limitations and regulations
upon the production of sound to reduce the harmful effects
thereof. Now, therefore, it is hereafter the policy of this city
to prevent and regulate sound generated by loud amplification
devices wherever it is deemed to be harmful to the health,
safety, welfare, or quality of life of the citizens of the city,
and this Ordinance shall be liberally construed to effectuate
that purpose.
(5788, Added, 03/18/1997)
Section b-20-02 DEFINITIONS
For the purposes of this Ordinance, the following definitions
shall apply:
CITY:
Boise City, Tdaho, or the area within the city limits of
Boise City, Idaho.
COMMON AREA(S):
The area(s) of a facility, complex, apartment unit, hotel,
motel or the like that are open either to the general
public or persons with the permission of the owner or
agent of the owner of the area. This definition would
include but not be limited to the fallowing: swimming
pools, restaurants, patios, hot tubs, saunas, laundry
rooms, meeting rooms, lobbies, lounges, bars and other
areas within the facility that are either constructed ar
designed for use in this manner.
Page 1 of 4
~ Y
Loise Municipal Code
EMERGENCY:
Any occurrence or set of circumstances involving actual or
imminent physical trauma or property damage demanding
immediate attention.
EMERGENCY VEHZCI,E:
A motor vehicle belonging to a fire department, fire-
fighting association, or fire district, an ambulance, or a
motor vehicle belonging to a federal, state, county, or
municipal law enforcement agency.
LOUD AMPLIFICATION DEVICE:
Any equipment designed or used for sound production,
reproduction, or amplification, including, but not limited
to any radio, television, phonograph, musical instrument,
stereo, tape player, compact disc player, loud speaker,
public address (P.A.) system, sound amplifier, or
comparable sound broadcasting device.
PERSON:
Any individual, association, organization, or entity
having a legally recognized existence, whether public or
private.
PLACE OF RESIDENCE:
Any building or portion thereof adapted or used and
intended for the overnight accommodation of persons. In
the event the building is used for multiple individual
units (i.e. apartment, condominium, hotel, motel, duplex,
triplex, etc.) each individual unit shall be considered a
separate residence for the purposes of this ordinance.
PLAINLY AUDIBLE:
Sound for which the information content is clearly
communicated to the listener, including, but not limited
to understandable spoken speech, comprehension of whether
a voice is raised or normal, comprehensible musical
rhythms, melody, or instrumentation, and the source of
which is identifiable to the listener.
(5788, Added, 03/18/1997)
Section 6-20-03 NOISE PROHIBITIONS
It shall be unlawful for any person to operate or permit the
operation of any loud amplification device in such a manner that
the sound therefrom:
A. is plainly audible within any place of residence not the
source of the sound, or,
Page 2 of 4
Boise Municipal Code
B. is plainly audible upon a public right-of-way or street at
a distance of one hundred (100) feet or more from the
source of such sound.
(5788, Added, 03/18/1997)
Section 6-20-04 ENFORCEMENT
A. Peace officex citation. Any Boise City peace officer or
person empowered to enforce this provision of the Boise
City Code is authorized to issue a uniform citation upon
his own observation of a violation without the necessity
of a citizen complainant's signature on said citation. By
signing the citation officer or person is certifying that
he has reasonable grounds to believe that the person cited
committed the offense contrary to law.
B. Citizen citation. A uniform citation may also be signed
by any citizen or person in whose presence an alleged
violation of this Ordinance occurred and be witnessed by a
Boise City peace officer or person empowered to enforce
this provision of the Boise City Code whose name shall be
endorsed on the citation.
(5788, Added, 03/18/1997)
Section 6-20-OS ORDINANCE ADDITIONAL TO OTHER LAW
xhe provisions of this Ordinance shall be cumulative and
nonexclusive and shall not affect any other claim, cause of
action, or remedy; nor, unless specifically provided, shall it
be deemed to repeal, amend, ar modify any law, ordinance, or
regulation relating to noise or sound, but shall be deemed
additional to existing legislation and common law on such
subject.
(5788, Added, 03/18/1997)
Section 6-20-06 EXEMPTIONS
The following sounds are exempted from the provisions of this
Ordinance:
A. Sounds caused by any emergency vehicle or personnel when
responding to an emergency call or acting in time of
emergency.
B. Sounds caused by activities upon any outdoor municipal,
school, religious, or publicly owned property or facility,
provided that such activities has been authorized by the
owner of such property or facility or its agent.
C. 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
Page 3 of 4
AMPLIFIED SOUND
Department of Parks & itecreetion
Rules & Regulations
PURPOSE
Boise City Code provides that no person in any park shall operate or aid in the operation of
private radios, stereophonic, or sound-amplification devices at a ,greater operating level than
sixty-two decibels (62 dBA) measured at a distance of twenty feet (20') Ctoui such radios or
devices, except as authorized by written permit. The purpose of this regulation is to establish the
criteria for the issuance of permits for amplified sound in the Department of Parks & Recreation
outdoor facilities.
AUTHORITY
Boise City Cade 13-01-04 C_ 1
LOCATIONS AUTHORIZED FOR AMPLIFIED SOUND PERMITS
Permits for amplified sound may be issued for the following city parks in conjunction with a
reservation:
Ann Morris ark -Amplified sound shall not exceed seventy-five decibels (75 dBA) at any
outside boundary of the park. Permits may be issued .for amplified sound to take place from 7:00
a.ui. to 9:00 pm for a period not to exceed five (5) hours. The Department may issue amplificxi
sound permits for City-sponsored or other special events that end later than 9:00 p.m. or last
longer than five (5) hours subject to any additional teens and conditions the Department may
impose.
ParkCenter Fark -Amplified sound shall not exceed seventy-five decibels (75 dBA) at any
outside boundary of the park..Permits may be issued for amplified sound to take place from 5:00
p.m. t~ 9.00 p.m. nn weekdays and from 7:00 a.m. to 9:00 p.m. weekends for a period not to
exceed five (5}hours.
Julia Davis Park -Amplified sound shall not exceed seventy-five decibels (75 dBA) at any
outside boundary of the park, including the boundaries of Zoo Boise. Permits maybe issued for
amplified sound to take place from 7:00 a_trt. to y:00 p.m. for a period not to exceed five (5)
hours. The Department may issue amplified sound permits for City-sponsored or other special.
events that end later than 9:00 p.m. or last longer than five (5) hours subject to any additional
terms and conditions the Department may impose.
Municipal Park -Amplified sound shall eat exceed sixty-five decibels (65 dBA) at the outside
boundary. Sound permits shall only be issued to bearers of a shelter reservation. Sound walls
Amplified Sound Regulations Page 1 of 3 Rnviaiou Date 9/21!06
r.
located near the shelter are the only location where sound equipment may be placed. Platforms
are located in the middle of each sound wall and all speakers shall fit wiilun 1]ie dit~xensions of
the platforms. No additional speakers are allowed. Only one sound permit maybe issued per
day. Permits may be issued for amplified sound to take place from 11:Q0 a.m. to 8:p0 p.m, for a
period not to exceed four (4) hours.
Veterans Memorial Park -Amplified sound shall not exceed seventy-five decibels (75 dBA) at
any outside boundary of thc park. Permits may be issued for amplified sound to take place from
7:00 a.m. to 8:00 p.m. for a period not to exceed four (4) hours.
Other Locations -Other sites requested for amplified sound will be reviewed by the Department
on a case-by-case basis to determine the potential impact on the adjacent neighborhood.
Amplified sound shall not exceed seventy-five decibels (75bBA) or take piac~ outside the hours
of 9:OU a.m. to sunset.
Uport issuance of a permit, the Department shall include a map which illustrates the outside
boundary of the park and locations for placement of amplified sound equipment.
SOUND MEASUREMENT
All SUUnd level merlsUterTlents Sllilll 1)e Ilril(1C W Ltll a soulld level tIr~tCi' USIIlg tl~e "A" weiglttirrg
scale at "slaw" response.
.PERMIT APPLICATION
Applicants shall file a completed Amplified Sound Application. Upon its review and approval of
the p~ennit by the Department, the approved permit shall be displayed and available for inspection
during the hours for which the permit is issued. Failure to operate within the terms and
conditions of an approved permit tray result in revocation of the permit.
SUPERCEDES RESOLUTION #13838
APPROVED DAT
r'
By: Department of Parks & Recreation Superintendents (initial/date)
R .~,.. , c, ~.~:
a-~ -®G
~r
Office of the City Atto ey
Amplified Sound Regulations Page 2 of 3 Reviaiun Dale 9/2t/06
,v.
gy: ~ .
Depar rani of Farks & Recreation
By:
Parks & Recreation Commission
Boise City Council
Resolution/ordinance No_
// 1.7.
9121 /20Q6
na
na
l~mpli~ed Sound Regulatfvns Page 3 uf3 Revisioir Date 9/21/06
A.1ViPLIFIED SOUND APPLICATION Permit #
BoisE
ctrY or rxet;s
Parks &
Recreation
Boise Parks & Recreation
Administration Oflfice
1104 Royal Stvd
Boise 1C0 83702895
(208) 384A228
T"Dl)/I'TY
1(800) 377529
Fai: (208) 3844127
Date(s) of Event:
Park Site(s), Facility(ies): ,.,~
Event Organization:
Primary Contact Person: T
Mailing Address:
City:
Home Phone•
Name of Event:
Sound Amplification Provider:
Email:
Amplified Sound begins: (time includes sound check): Sound Ends:
Identify Source of Amplifed Sound: RADIO DJ MUSICIANS HANDHELD/PORTABLE OTHER
I have read, understand and agree to abide by all park rules and regulation and applicable city ordinances. Failure to operate within the guidelines
may cause cancellation of this permit. The Facility Reservation permit must be available for inspection during event hours.
Applicant's Signature: Date:
Approved by Boise Psrks & Recreation Authorized Agent:- ___. _ ___ __- _ Date-
An Amplified Sound 'Permit will only be issued it conjunction with a park reservation. This signed permit grants the holder the right to operate
sound equipment at the location, on the date mentioned on the facility permit. See Disclaimer on Facility Pen~nit for details and approval.
No person in any park shall operate or aid in the operation of private radios, stereophonic ar sound amplification
devices at a greater operating level than sixty two (62) decibels measured at a distance of twenty feet (20') from
such radios or devices except as authorized by written permit. Amplified Sound Permits may be issued for.
ANN MORRISON PARI{ -- Amplified sound shall not exceed seventy-five (75) decibels at any outside
boundary of the park. A total of five (5) hours 7:00 am to 9:Op pm Fee $20.00
i
JilLIA DAMS PARK -Amplified sound shall not exceed seventy-five (75) decibels at any outside boundary
~ of the park, including the boundaries of Zoo Boise. A total of five (5) hours 7:OOam to 9:OOpm. Fee $50.00.
i
i M7JNICiPAI, PARK -Amplified sound shall not exceed sixty-five (65) decibels at any outside boundary of
the park. Sound permits shall only be issued to bearers of a shelter reservation. Sound walls located near the
shelter are the only location where sound equipment may be placed. Platforms are located in the middle of each
i sound wall and all speakers shall fii within the dimensions of the platforms. No additional speakers are allowed.
Only one sound permit may be issued per day. Permits may be issued for amplified sound to take place from
1 l :OOa.m to 8:OOpm for a period not to exceed four (4) hours. Fee $20.00
i
PARK CENTER PARK --Amplified sound shall not exceed seventy-five (75) decibels at any outside boundary
of the park. A total of five (5) hours. Weekdays, S:OOpm to 9:OOpm, weekends 7:UOam to y:OOpm. Fee $20.00.
i
VETERAN'S MEMORIAL PARK -Amplified sound shall not exceed seventy-five (75) decibels at any
i outside boundary of the park. A total of four (4) hours 7:OOam to 9:OOpm. Fee $20.00.
i
~ Amplified sound permits may be issued only in conjunction with a park facility reservation- Other park sites may be
requested; approval is gamed on a case by case bases. All sound level measunementsc shall be made with a sound level meter
usin the "A" weighting scale at "Slow" response.
State:
Work Phone:
Zip:
Fax:
I:~IiESERVATIONS~Park Facilities/Amplified Sound Pernidl/15/2008
_dts_osta otm noise images_common_sounds.jpg (JPEG image, 2... http://web'log.infoworld.com/enterprisemac/images/ dts_osta ot[n n...
~~
~~
_~~_
20 Pa__
~~
~~
~~
~ ~
!
2 Pa ~~ r
~vy,m~~wNb ~~drr~'.%la~~
!t~-~;ra4 ~aa,,a~w;
tl~ Pa
~~
~~
~~
~~
0.02 Pa==
~~
~~
~~
_~~_
0.002 Pa ~ ~
~~
~~
~~
~_ _~
0.0002 Pa__
~~
~~
~_ ~_
0.00002 Pa ~~
~~ ~~~~
~~
Threshold o1 pain
130 d6
Pneumatic driA
120 dB
Laud car horn
one metre away
110 d6
lUrparl
tOD d6
Inside underground train or
alongside mainline ralhnray
1aa d6
inside bus
so d6
Busy residentlal road
rD d6
Canversatlonal speech
so d6
Living room wrttr music or
television playing quietly
50 d6
quiet otiice
40 d9
Bedroom
3D d6
Recording studio
20 d6
Broadcasting studio
10 dB
ThreShoid of hearing
0 d6
1 of 1 9/15/2008 8.19 AM
Meridian High School
Public Address System
Updated May-G- 2008
What we want.
We would like you to consider not having a PA system.
We do not think a PA system is needed or in MHS's best long term interests.
Avoid future ongoing issues with the School.
If a PA system is approved it should have practical and measurable requirements.
Questions on the PA System
What Meridian City ordinances cover PA systems?
What is the current Ada County ordinance?
What is covered by the School's current conditional use permit?
What are the proposed conditional use differences?
What design features were included to limit noise spillage?
What are the PA requirements for other schools and parks in the area?
What are the next steps in the process?
What is the process for noise issues notification?
Key factors.
Specific hours of operation 8:00 AM to l O:OOPM.
Measurable noise limits at the property boundary.
PA system for MHS game announcers only.
No music except National Anthem.
Potential Solutions
Move the speakers inside the stands.
Notify the neighbors of a specific time to test and measure the system.
performance before the public meeting.
Approve the conditional use permit for one year trial period.
~/ -,
,~,.,,.,
~,
~ ;. r .` ..h. 1 _r e r t...... .
o r e ^ y l a n o i n g us d e s i g e
ARGH I TEGTS PL.LC
i
June 2~, 2QU8
Re: Meridian I•ligh School PA System
Mr. Cr+riles,
The following is in response to your concerns dated stay b, 20D$.
1. What Meridian City otciinances corer PA systems? See attached email from the City.
2. What is the cutrfrrst Ada County ordinance? None that we are aware of.
3. 'What is covered by the School's current conditional use permit? The entire campus as it
stands today.
4. What ate the proposed conditional use differences:' The prapasedl conditional use is far
the PA system and where it is located.
5, What design features were includel3 to Limit noise spiL'age? We are willing to cooperate
with our neighbors to agree upon a~naise limit. This will probably be achiered by an on
site meeting e~f actually testing the noise levels and coming to a>a agreement between
neighboa~ng properties.
b. What are the PA requirements for other schools and parks in the area.? None that we are
aware of .
7. What gre the next steps in the process? There will be a Planning ~ Ze~ning hemring at a
later date.
8. What is the process for noise issues notification? We will pra~vide neighbors with a
contact name and number for noise issues abore and beyond the agre~:d upon noise limit.
If you have further concerns please contact Mr. Wendel Bigham, lVfieridian School I?istrict.
Sincerely,
Margie Kenny
Hummel Architects
Greg Allen, A.1..4.
Scott J. Strxubhxr, A.l.A.
Sadie {?. baniels, A.I.A.
1785 Bagur Basin Road I i#ax:208.3g3.09~0
8pi54. Idahp •~t ~
83761 f
t