HomeMy WebLinkAboutCOC Minutes 2018-11-28
Codes & Ordinances Committee
Meeting of November 28, 2018 – 5:30 P.M.
Minutes
Present: Bill Goodman, Chair; Pat Leary, Eva Hoffmann, Bill King, Eric Levine.
Absent: Yvonne Fogarty
Staff support: Bruce Bates, Director of Code Enforcement; Susan Ritter, Director of Planning;
Chris Balestra, Planner; Paulette Rosa, Town Clerk; and Susan Brock, Attorney for the Town
1. Member Comments/Concerns
None.
2. Approval of Minutes from October 10, 2018 COC meeting
Approved, with minor changes.
3. Continued Discussion on Town Noise Ordinance (Town Code Chapter 184)
Chris and Susan Brock met to discuss noise and determined that the most content-neutral way to
legislate noise was to apply decibel limits, noting that it was a standard method to enforce all
noise across the board, regardless of the source of the noise. Chris outlined some proposed
recommendations in the memo that the COC received, including imposing decibel limits that
differ by geographical area or zoning district, applying limits based on the time of day, or
supplying the Tompkins County Sheriff’s Department with a sound level meter that could be
used to enforce the law outside normal business hours.
Chris noted that applying decibel limits would involve a major overhaul of our existing law.
Susan explained if people want something more definitive than what is considered “reasonable
noise,” then decibel levels are the most definitive way to regulate.
Paulette summarized her conversation with the City of Ithaca regarding the use of decibel
meters, stating that they saw the use of meters as being more trouble than they are worth. But at
least the city has its own law enforcement with city police, whereas the town contracts with the
county for law enforcement.
The committee did not want to overhaul the law to apply decibel limits. So they looked at other
recommendations in the staff memo - minor tweaks that would address the most prevalent noise
issues. The committee decided to remove the term “air conditioners” from §184-8.B and
generalize the language in §184-8.A related to truck types (don’t specify the type of truck in
garbage collection).
The group went into a lengthy discussion surrounding the different noise complaints and how
they could be dealt with using time, place and manner criteria, which regulates noise without
being content-based (e.g. limiting noise based on zoning or by time of day). The example of
Ithaca Beer complaints was mulled over and the interpretation of our law was dissected. Susan
reiterated that noise from music, parades, protests, etc. are a form of expressive speech and
cannot be singled out.
COC 2018-11-28 Pg. 1
The discussion then moved to adding a motor vehicle section to the noise law to address the
recent loud motorcycle noise complaints. Members noted that there are other vehicles that make
just as much noise, such as lawn mowers and mini-bikes, and that we don’t want to get into
listing every type of motor noise out there.
Staff suggested that the more specific we get, the more people will think they can complain
about the noise since it is listed specifically. Staff recommended that it would be easier to have
more general language and rely on the “reasonable” standard that has been upheld by the courts.
The committee agreed with this approach.
Susan offered to look at court cases involving radios, TV’s, parties, etc. to find language that
might work for modifying or changing §184-7 and -9 of the law that would tighten or include
time, place, and manner restrictions on the items listed in those sections of the law.
Susan and Chris will work on a revised law for the next meeting.
4. Discussion on Outdoor Wood Burning
Tabled until the next COC meeting.
5. Other Business
Next COC meeting is scheduled for January 9, 2019. Chris will provide a draft 2019 COC
meeting schedule for the committee then.
Need to start on revisions to our outdated telecommunications law - Chris and Susan will work
on this.
COC 2018-11-28 Pg. 2