2016/08/10 Council Agenda Packet

Flora Diaz From: Katie Rathbun Sent: Tuesday, August 09, 2016 9:54 AM To: DL-Council Cc: Mayor Stephanson; Debra Bryant;Jim Iles; Meghan Pembroke; Flora Diaz; Megan Munro Subject: Public Nuisance Noise Dear Council, There have been a couple of questions surrounding the proposed change to the definition of"public nuisance noise" that is a part of the proposed updates to the City's noise ordinance. The current definition is: "Public nuisance noise" means any sound which unreasonably either annoys, injures, interferes with or endangers the comfort, repose, health or safety of three or more persons residing within separate residences in the same community or neighborhood, although the extent of damage may be unequal. The current proposed definition is: "Public nuisance noise" means any sound which annoys, injures, interferes with or endangers the comfort, repose, health or safety of an entire community or neighborhood although the extent of the damage may be unequal. The proposed change was meant to more closely track the state definition of public nuisance which states, "a public nuisance is one which affects equally the rights of an entire community or neighborhood, although the extent of the damage may be unequal." RCW 7.48.130. It also allows the noise administrator to respond to a noise that they reasonably believe is a public nuisance noise before receiving three separate complaints about the noise. From past practice, the number of complaints has been an obstacle for the noise administrator. Nonetheless a revision to the proposed language may give some clarity based Council's and residents' concerns over what an "entire community" entails. Three options, in order of staff preference, are as follows (a brief explanation of the revision follows in blue): 1. "'Public nuisance noise' means any sound which annoys, injures, interferes with or endangers the comfort, repose, health or safety of others and affects the rights of an entire community or neighborhood although the extent of the damage may be unequal." a. This option clarifies that a community is a geographic area, but it is also a group that shares certain rights and a public nuisance is a nuisance that offends a right shared by the community not just one person (a shared right would include not being subjected to persistent,offensive and annoying (and not exempt) noises). The option also continues to incorporate language similar to the state's definition of"public nuisance." 2. "Public nuisance noise" means any sound which annoys, injures, interferes with or endangers the comfort, repose, health or safety of others." a. This option leaves out the community altogether which is a bit unusual for a "public nuisance" definition, but not unheard of. 3. "Public nuisance noise" means any sound which unreasonably either annoys, injures, interferes with or endangers the comfort, repose, health or safety of three or more persons residing within separate residences in the same community or neighborhood, although the extent of damage may be unequal. 1