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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