Item Coversheet
 STAFF REPORT
For Meeting of August 13, 2018
MAYOR AND MEMBERS OF THE CITY COUNCIL
Agenda Item # 12.A.

TITLE:  Noise Ordinance Waiver Request 
Subject

A request has been received from the Maxwell Market (Farmer’s Market) to grant a short term exemption from the current City Noise Ordinance.

Summary and Background

The attached request from the Maxwell Market seeks a waiver from the noise ordinance for each Thursday afternoon from 5pm until 8pm until the first week of October.  This is to accommodate small-scale live-music at the Farmer’s Market.

The Market has already been featuring live music since the event started earlier this Spring.  To-date, the Police Department has received no complaints about the level of noise being generated.

Although the Market does not intend to make any changes to the type/scope/volume of the music being performed, it was deemed advisable to seek a waiver.

Current City Code §92.29 allows the Council to issue, deny, or condition such a permit at the sole discretion of the Council.  However, proposed changes to the City Code to make the ordinance based upon a “reasonable person’s standard,” may make this waiver unnecessary.  I believe that the performances to-date would be considered acceptable to a reasonable person.
 


Tie-In to Council Goals:

Regular code administration.

Fiscal Information

n/a

Alternatives and Recommendation
Alternatives

1.  Approve Noise Ordinance Waiver as requested
2.  Approve Noise Ordinance Waiver with conditions
3.  Deny Noise Ordinance Waiver
 


Recommendation

Approve Noise Ordinance Waiver as requested.

Requested Action/Motion

Approve Noise Ordinance Waiver as requested.

Submitted By:  
ATTACHMENTS:
DescriptionType
Waiver RequestCover Memo