Oro Valley To Get More Noisy.. Less Unique

Staff: Current business noise code is unreasonable.

The "current noise code is a low standard that it is unenforceable", according to Town Planner Michael Spaeth. The noise code to which he refers is noise generated by businesses in Oro Valley. According to Spaeth, the town can't enforce the noise code when it comes to business. It is simply too low.  For example, businesses on Oracle Road can not be held to a 40db standard because the Oracle Rd ambient noise is 70db.

Spaeth made these remarks at last week's town council meeting where the council voted an increase in noise standard from 40db to up to 75db. This means an increase in noise level that is six plus more noisy.  "Moving from 40db to 70db is a significant jump," noted Planning Director Bayer Vella.

New standard is in relation to the ambient noise

There will be two measurements taken at a  property line. One measures all sound. The second measures only the background noise. The difference between the two measurements is the noise generated by the property. The property generated noise will then be measured against a standard (see table at right). The property will have to perform at or below that level.

Civil noise code does not apply to business

There is also a  civil noise code that contains no decibel level measure.  It is a judgment standard applied by whomever is enforcing that code, as we have previously reported. The civil noise standard is whether the noise prevents the "quiet enjoyment of property." It is a low standard that enables town council to more easily prosecute those the town deems as violators.

The new commercial noise code applies to only new businesses

The date a business opened matters. Any business operating before last week will be judged by the 40db standard. Any new business will be required to comply to the new standard. The new standard will also apply to any business that exists that applies for any change in its facility.

This means that a business like noisemaker "Nobel Hops" does not have to comply with the new standard but is judged by the old standard, a standard that staff that will not enforce.

4-1 Council approval marred by technical issue

During council discussion on the matter, Vice Mayor Barrett had suggested that the council refer this resolution for further consideration. She was concerned that the new ordinance favored existing businesses over new businesses. She was also concerned that it may not be feasible to enforce two separate standards, old and new, over time.

Town Planner Vella was asked by Mayor Winfield to respond. During that response, Barrett lost Zoom communication to the meeting.  Rather than waiting for Barrett to return to the meeting, as he had done with other's on numerous occasions, Mayor Winfield pushed through a 4-1 vote. Council Member Nicolson was the no vote. Council Member Pena was not present at the meeting. Barrett returned to the meeting shortly after the vote, possibly ready to suggest an amendment to assuage her concerns.

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Bits and Pieces

Town Considers Allowing More Noise From Businesses To  Residential Areas
Those living near commercial property beware. On July 7, the Planning and Zoning Commission approved a measure that would reduce the "quiet enjoyment" of your home if you are located near a commercial property. This was pointed out o us in the recent appearance of Tim Bohen on Jim Horn's Oro Valley Podcast.

Currently, commercial endeavors are not allowed to have noise from their business be more than 40db as measured at the property line of a residence. For example, if you live near a restaurant that has an outside speakers or events, the noise level can not be more than 40db to your property line. Town staff and Planning and Zoning Commission want to change this to 55db. on average and 75db at the max. 75db is equivalent to the sound of a vacuum cleaner. (source). You read about the proposed change here.
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Could flooding happen to the homes in Big Wash?
 "TUCSON (AP) — Pima County authorities say many homes and businesses could face flood damage in the wake of the latest large wildfire in the Tucson area. The lightning-caused Bighorn Fire started on June 5 and charred more than 187 square miles in and near the Santa Catalina Mountains before it was fully contained last Thursday.

The Arizona Daily reports that close to 1,000 homes and businesses lying along a number of washes could be flooded during a 100-year storm. That’s more than double the 431 landowners in those areas who got letters from the county in late June telling them their homes could be flooded during a big storm." (source) You can watch of video of flood debri pouring down the CDO wash on July 15 at this link.

Paving on La Cholla next week, as project nears completion

As LOVE previously reported, the construction of LaCholla is near. Final paving starts next week. 

"La Cholla Blvd from Overton Road to Lambert Lane will get the final layer of asphalt starting August 5 through August 14. The down side… paving is like watching paint dry. It takes 4 hours from when the pavement is laid to it being hardened and capable of being driven on. Just a suggestion, try to keep out of the area for those days or be patient because it may be some time before you can make a turn on to certain roadways. After that some stripping work a few extra tweaks and the will move to the next section to the north to complete! So if you do drive the area mark it in your calendar and don’t be surprised!" (Source: Town of Oro Valley)

Bits and Pieces: Time To Free Oro Valley

Time to Free Us!
There are a number of reputable studies that show that 50 to 80 times the number of recorded COVID-19 cases are out there; and that these people were either not sick at all or had cases so mild they didn't have to pay attention to it. Guess this isn't such a scary apocalyptic flu after all.

Using even the lowest estimate of 50 unreported to every reported case, the COVID-19 numbers look much less threatening. Perhaps, not threatening at all.

Here's the adjusted numbers:

• You have a 2% of getting sick enough to even worry about it
• .1% is overall mortality rate if you do get it. That means you have 99.9% chance you will be just fine.

Now that we have the data it is clear that only those who are at highest risk should have been locked-down. Those who serve them need to take precautions. The rest of us need to get back to our lives.

Mayor Winfield does not agree with us. Watch his recent video.  It is yet more: "Stay Strong", "We're in this together" pablum.

We are not children. We need to be treated like adults. And we do have the "Bill of Rights".

In his video, Winfield claims that COVID-19 cases in Arizona are increasing. He is wrong. The total number of new cases are flat or decreasing. 250 new case a day in a state of 4  million people does not make for an epidemic. And most days it is far less than that.

The number of cases reported have been spiking up and down because more tests are being done. These people may have it but they are not anywhere near close to being really sick.

Mr. Mayor, there are 4 million people living in this state and a whopping 5,700 cases in total. There are at most 10 cases in Oro Valley and there are 45,000 residents. 

It is insane to imprison 99.9% of the population!

Heat and sunlight kill the virus on any surface in 2 minutes. Open our dog parks. Open our tennis courts. Open our basket ball court. Give us some semblance of progress. 

You can do this. The CDC says that a State can and should be opened on an individual county and town basis.

One size does not fit all. Fight for Oro Valley to be free. Be a leader. We don't need a nanny.

The "excessive noise" police have no standard noise measure
This is from Nextdoor.com. An El Conquistador resident wrote:

"We have our music on in our backyard, we live off the 15th hole. Country music playing, with no vulgar language or anything bad. We have the cops show up for a noise complaint?! Are you kidding me! It wasn’t even 7 pm! The officers were professional and understood our confusion....I am baffled by the ridiculous nature of this situation and the lack of courtesy in this well established neighborhood."

We wonder: What the police were thinking? We wonder why the person who complained, if there was one, didn't simply go over to the neighbor. And why was it necessary for two cops to show up?

The Oro Valley noise ordinance (10-1-4) states: "No person shall negligently make, cause, or permit unreasonable noise." What, exactly, is "unreasonable?" It is not standard of measure. It is entirely subjective. "Unreasonable noise" can be and should be quantified in the ordinance defining decibels within a distance commensurate with zoning of the area. It is easy to establish a standard. Let's do it.

Impersonating LOVE and Winfield
Someone has created a fake LOVE email address (letorovalleyexcel@gmail.com).  If you receive any emails from that address, they were not sent by us. Someone (most likely the same person) has also created a fake Facebook page that appears to be the facebook page of Mayor Joe Winfield and they are sending friend requests to unsuspecting people. Please always check to make sure that the emails or friend requests you receive are actually from LOVE or from Mayor Winfield. It if looks suspicious, disregard it.


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“Barking” Up The Wrong Tree?

On tonight’s Town Council Agenda (2/20/19) is a submission for a potential ordinance pertaining to excessive noise caused by animals (barking dogs) and birds. There will be a Public Hearing on amending the Town Code (Chapter 18, Articles 18-1 and 18-8, Excessive Noise caused by animals or birds).

The Executive Summary for this agenda item states:
“At the request of Councilmembers Piña and Rodman, the Legal Services Department undertook a review of the Town's Animal Control Code, specifically, relating to the article addressing excessive noise caused by animals and birds.

Excessive noise caused by animals or birds can be very disruptive to the peace and health of the Town’s residents. As such, the Town has a compelling interest in controlling such noise. In order to provide effective enforcement of the excessive noise section of this code, it is necessary to further amend the code to further define excessive noise by animals as well as the punishment for violating this section of the code. It is further necessary to add a section outlining the legal process which addresses enforcement of this updated code.”

The Town already has Noise and Nuisance Ordinances

Town Code 10-1 – Miscellaneous Offenses

Article 10-1-4: Noise – No person shall negligently make, cause, or permit unreasonable noise.

Article 10-1-5: Nuisances – It is unlawful for any person to maintain a public nuisance… anything which interferes with the comfortable enjoyment of life or property by an entire community or neighborhood or by any considerable number of persons…

Town Code 18 – Article 18-8: Excessive noise caused by animals or birds

Article 18-8-1: Civil Infraction - It is a civil infraction for anyone to own, possess, harbor and/or control any animal or bird which frequently or for continuous duration howls, barks, meows, squawks, or makes other sounds, if they are clearly audible sounds beyond the property line of the property on which they are conducted and they disturb the public peace, quiet, or comfort of the neighboring inhabitants.

LOVE wonders why we need a new ordinance or an amended ordinance if the above ordinances were already being enforced…or were they? And if they weren’t, will a new or amended ordinance make any difference?

Councilmembers Pina and Rodman may have violated Council Policy #2
Council members are not allowed to issue directives to a staff member, however, according to the Executive Summary (above) it was Councilmembers Pina and Rodman who asked the Legal Department to review the Town’s Animal Control Code.

The possible violation of this council policy (and others) will be discussed in a separate article that will be published tomorrow.
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