After a public hearing on Sept. 3 regarding a noise ordinance amendment, Osceola City Council approved the first reading of the proposed changes 5-0.
Prior to public comment, Osceola city administrator Ty Wheeler gave a brief background on how the ordinance came to be ,and read through the proposed amendments.
Wheeler reminded that there already is a noise ordinance in Chapter 40.03 ‘Disorderly Conduct,’ subsection 2, which states no person shall do any of the following:
“Noise. Make loud and raucous noise in the vicinity of any residence or public building which causes unreasonable distress to the occupants thereof. (Code of Iowa, Sec. 723.4[2])”
However, Wheeler noted that the ordinance was somewhat vague and subjective, as unreasonable distress may vary from person to person; it also brought up questions of enforceability. When concerns were brought to the council about noise from a citizen, staff began looking further into what they could add into the ordinance to help with enforcing noise, such as looking at decibel measurements. Research found it was more feasible to add in noise from specific events during certain times of the day as opposed to just measuring decibels.
Proposed changes
Included sounds under a noise disturbance would be:
• Any sound which endangers or injures the welfare, safety, or health of a human being or disturbs a reasonable human being of normal sensitivities or causes or tends to cause an adverse physiological or physical effect on human beings or devalues or injures property.
• Selling by “hawking”
or “barking.”
• Loading and Unloading - excessive sound which is beyond what is usually customary, such outdoor loading, unloading, opening, closing, or handling of trash cans, trash containers, trash receptacles, trash dumpsters, or similar objects which is received between the hours of 10 p.m. and 5 a.m.
• Engine Repairs and Testing
• Musical Instruments - however, sounds made by school functions or school events will not count as a noise disturbance.
• Off-road Motorcycle and Recreational Vehicle Noise - sound made on private or city-owned other than public right-of-way...A motorcycle traveling to and from a residence to right-of-way for purposeful transportation does not meet noise disturbance.
• Construction Noise
• Lawncare Equipment
All noises disturbances are those that emanate from within a zoned residential area, and with the exception of loading and unloading, are for the between the hours of 10 p.m. to 6:30 a.m., though the times may be changed by council approval.
Excluded noises would include:
• Emergencies
• Alarms
• Church Bells
• Approved special event programs
• Automobile Radios
• Anything emanating from railroad right-of-way
• Certain Signaling Devices
• Religious Ceremonies
• Law enforcement
• Utility or municipal vehicle and equipment
• Snow removal - this was added in excluded noises so as not to prevent timely snow and ice removal.
• Any noise in properties in areas zoned business or industrial, that is usual or customary and part of the permitted use in that district
• Fireworks - as regulated in Chapter 41
Wheeler noted that after discussion with Osceola Mayor Thomas Kedley, the ordinance draft is intended to provide more clarity to what is already in the code, but not to pit neighbors against one another.
Public comment
Several public comments were made. One questioned decibel levels. Mayor pro tem/councilman Dr. George Fotiadis noted it had been discussed before, but it was difficult to set a certain level, as the city currently has no way to measure it.
When asked how the ordinance will be regulated, as what bothers one person might not another, Fotiadis said the city cannot legislate between neighbors, but that this ordinance will rather establish times when people will be quieter.
“We can’t claim we’re going to cover everything, but we gotta start somewhere,” said Fotiadis.
The number of ordinances already on the books that are not enforced was brought to attention. It was asked where the line is drawn when it comes to creating or amending ordinances to try and solve issues between neighbors, if they aren’t going to be enforced.
“We’re trying to solve a problem…[the ordinance] is not going to solve everything, it’s certainly not going to solve all neighbor disputes. But without it…at least this would give us an opportunity to bring parties together with basically the city being mediators as much as anything;it would give us some teeth to do that,” said Fotiadis.
The moving of trash cans to and from was brought up, as there are already limits on when trash cans can be put out, and for how long they may be left out. Wheeler said moving a can to the curb and back would be considered a usual, customary use, and that the section about loading and unloading was more to do with making sure someone was not filling a large dumpster in the middle of the night.
“We really chewed on [garbage cans] quite a bit,” said Wheeler, adding that in conversations with Kedley, they had pondered if there would be any unintentional consequences of identifying those sounds, and whether it added value to the purpose of what the ordinance was trying to accomplish.
Councilman Dan Hooper stated that the ordinances are for habitual violators, and someone who might violate it one time will not be bothered by the changes.
Councilman Tom Bahls shared that he liked how Fotiadis had phrased the need for the ordinance - a starting point.
“I actually was against and opposed [to] this ordinance, but George when you explained it...this gives us a starting point with which we can resolve conflict as intermediary, I like that phraseology,” said Bahls.
One citizen expressed their support for the ordinance, after having read the ordinance and listened to the explanations given.
After closing the hearing, Fotiadis repeated his earlier sentiment that they’re not going to legislate everything, but this ordinance gives them the footing to address issues with noise as they arise.
Other ordinances
An ordinance pertaining to parking Wildflower Dr. was also included in the noise hearing; the first reading being passed 5-0.
Other ordinance amendments passed were those that were needed to update city codes to be in line with updated state code. Those amendments were: adult entertainment nuisances, electronic meetings, operating budget preparation, publication of minutes, pedestrians right-of-way and bond requirements. All amendments passed 5-0.
Motions were made to waive the second and third reading of those amendments, all of which passed 5-0 except the adult entertainment nuisances which passed 4-1 with Bahls voting no, and pedestrians right-of-way which passed 4-1 with Fotiadis voting no.
The first reading of an ordinance pertaining to rates and changes in Chapter 99 passed 5-0, and the second reading of an ordinance vacating a portion of the 600-block of E. Webster St. passed 5-0 with the third reading waived by 5-0.
Minutes from the meeting are available on the city’s website, or in the legal section of this paper.