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HomeMy WebLinkAbout2013-06-05 PACKET 05.A.REQUEST OF CITY COUNCIL ACTION COUNCIL AGENDA MEETING ITEM # ' DATE 06/05/13 ► � PREPARED BY: Public Safety Craig A. Woolery ORIGINATING DEPARTMENT STAFF AUTHOR **************:��*****************�*�***:�*******:� COUNCIL ACTION REQUEST Response to previously raised concern at Open Forum by Pat and AI regarding noise issues STAFF RECOMMENDATION Response to previously raised concern at Open Forum by Pat and AI regarding noise issues SUPPORTING DOCUMENTS MEMO: Dated May 24, 2013 from Deputy Director of Public Safety Pete Koerner Open Forum letter left for Council ADMINISTRATORS COMMENTS � Date *************************�*�**�******�********** COUNCIL ACTION TAKEN: ❑ APPROVED ❑ DENIED ❑ OTHER Cottage City of Cottage Grove , Gr°"� public Safet � Pride andP�OSPerity Meet y To: From: Date: Subject: Mayor and Members of the City Council Ryan Schroeder, City Administrator Deputy Director of Public Safety Peter Koerner �}�� C May 24, 2013 RESPONSE TO OPEN FORUM CONCERN Memo INTRODUCTION At the May 15, 2013, City Council meeting a letter was left for the open forum in regards to concerns about "loud vehicle mufflers, booming car stereos...and the popping and crackling of motorcycle mufflers". The letter only had the first names of Pat and AI and they wanted to point out that they felt the excessive vehicle and motorcycle noise is not unique to any one area of Cottage Grove. The purpose of the letter was to request an ordinance that very clearly outlines motorcycle muffler noises and the manner in which an individual operates a motorcycle. A copy of the letter is attached. RESPONSE With the arrival of spring we see our citizens "come out of hibernation" and one of the enjoyments of many is to get out on their motorcycle. While many enthusiasts enjoy riding their motorcycle there are others that find the noise to be obnoxious and disturb their peace. It is difficult to find the balance as MN State Statue 169.69 does deal with the muffler requirement however there is little officers can enforce with current statue and ordinances. Yes, there can be obviously violations with no muffler, etc. but most complaints are subjective and deal with person's person feelings or opinions. I have looked at current MN State Statue and Cottage Grove City Code. The most applicable statue is obviously 169.69 which require a muffler. "Every motor vehicle shall at all times be equipped with a muffler in good working order which blends the exhaust noise into the overall vehicle noise and is in constant operation to prevent excessive or unusual noise, and no person shall use a muffler cutout, bypass, or similar device upon a motor vehicle on a street or highway. The exhaust system shall not emit or produce a sharp popping or crackling sound. Every motor vehicle shall at all times be equipped with such parts and equipment so arranged and kept in such state of repair as to prevent carbon monoxide gas from entering the interior of the vehicle." City Code 5-1-2, Disturbing the Peace does not clearly address vehicle noise from mufflers. The problem with excessive vehicle and motorcycle noise is that it isn't sustained or stationary. We do have language with 6-1-2 Unnecessary Acceleration that covers unreasonable squealing or screeching sounds emitted by the tires. The Police Department is aware of the concerns from the citizens in regards to the excessive vehicle and motorcycle. While the department does not get a lot of complaints on this issue we are making efforts for traffic safety in Cottage Grove. A majority of the traffic complaints are speeding and stop signs. In an effort to better address the concerns, we have taken steps at addressing complaints: Class C— With a new squad in 2013 the vehicle was set up as a class C, meaning that it is a fully operational with the exception of squad graphics. The vehicle is used for police operations with an emphasis on traffic enforcement and education Speed Trailer — Last month we took delivery of the speed trailer. The trailer will allow us to address complaint areas. The speed trailer has the capabilities of recording traffic counts; speeds etc. which will help us better coordinate our efforts. Traffic Officers — The patrol division recently started a"traffic unit" which has an officer from both day shifts assigned. They will address traffic related concerns and will work on creative solutions to traffic concerns. The officers assigned to the unit will also come up with directed enforcement details as well as educational opportunities. CALLS FOR SERVICE REVIEW Attached are calls for service related to vehicle noise complaints for 2012 and through May 24, 2013. The Records Management System does not have a specific code for muffler only complaints. They are titled "noise pollution" and include loud vehicles, muffler complaints, business noise etc. Each reported incident had to be looked at individually. There were zero citations issued in this timeframe for muffler violations. Of the 16 complaints in 2012, 6 of the complaints were related to one neighborhood issue. Of the 15 complaints in 2013, 10 of the complaints are related to a business in the industrial park. The police department is coordinating efforts with the building department to address neighborhood concerns with this building. A majority of the complaints with loud vehicles would identify a neighbor and officers would warn the neighbor which would resolve the situation. Often muffler complaints also come in as a traffic extra patrol and the report is speeding vehicles, stop sign violations, unreasonable acceleration etc. E ACTION The Police Department will survey other communities to see if they have ordinances that address the issue of excessive vehicle and motorcycle noise. An officer will be assigned to the research of the possibility of an ordinance addressing this concern. Once the research is completed, staff will report their findings to the Public Safety, Health and Welfare Commission to discuss amending current language or drafting a new ordinance. Tentatively scheduled for the July PSHW Commission meeting. In the meantime, the concerns brought forward in the letter will be sent to our traffic unit. � ICRI # Date Complaint ' Report Action 112100237 1/5/2012 Neighborhood Dispute/Loud Car Citizen Mediated 112100243 1/5/2012 Traffic Failure to Yield/Noise Officer Warning 112100962 1/18/2012 Noise Complaint - Car Alarm Citizen Owner Notified 112104261 3/29/2012 Noise Complaint - Neighbors Loud Car Citizen Roll Call 112104755 4/9/2012 Noise Complaint - On-going with Neighbor Car - ref 112104261 CItIZe11 ROII C811 112104784 4/9/2012 Noise Question - Citizen asked about Muffler Cltlzen Advised 112104913 4/12/2012 Noise Complaint - On-going with Neighbor Car - ref 112104261 Cltlz2ll Night Crew 112104915 4/12/2012 Noise Complaint - On-going with Neighbor Car - ref 112104261 Citizen Night Crew 112105024 4/14/2012 Noise Complaint-Teens using air horn Cltlzen Advlsed 112105115 4/16/2012 Noise Complaint - On-going with Neighbor Car - ref 112104261 Cltlzen UTL -GOA Called later in 112105116 4/16/2012 Noise Complaint - On-going with Neighbor Car - ref 112104261 CItIZ21l day 112110826 8/11/2012 Noise Complaint - Motorcycle in area Citizen UTL - GOA 112110968 8/13/2012 Noise Complaint - Dirt Bikes at residence Citizen Advised 112110991 S/13/2012 Noise Complaint - Semi idling - shut off Citizen Advised 112112453 9/12/2012 Noise Complaint - Loud truck early morning Cltlzell UTL - GOA 112112810 9/18/2012 Noise Complaint - Loud Truck - advised Citlzen Advlsed 113100949 1/22/2013 Noise Complaint on vehicle CltlZen Advised 113103806 3/29/2013 Noise Complaint - loud mufflers - asked to speak with Neighbor CitiZell Advised 113105128 4/27/2013 Traffic Unreasonable Acceleration / Noise Issue Officer Warning 113105128 4/28/2013 Noise Complaint - Vehicles at business Citizen Building Dept 113105220 4/28/2013 Noise Complaint - Business - On-going working w/ Building Dept CltlZell Building Dept 113105271 4/29/2013 Noise Complaint - Business - On-going worl<ing w/ Building Dept Cltizen Building Dept 113105338 4/30/2013 Noise Complaint - Business - On-going working w/ Building Dept Cltlzen Building Dept 113105370 5/1/2013 Noise Complaint - Business - On-going working w/ Building Dept Cltlz2n Building Dept 113105460 5/3/2013 Noise Complaint - Business - On-going working w/ Building Dept Cltlzen Bulld'Ing Dept 113105579 5/6/2013 Noise Complaint - Business - On-going working w/ Building Dept Citizen Building Dept 113105639 5/7/2013 Noise Complaint - Delivery Vehicle idling - turned off Cltlzen GOA 113105656 5/7/2013 Noise Complaint - Business - On-going working w/ Building Dept Cltlzen Bullding Dept 113105809 5/10/2013 Noise Complaint - Business - On-going working w/ Building Dept Cltlzen Building Dept 113106010 5/14/2013 Noise Complaint - Business - On-going working w/ Building Dept Cltizen Bullding Dept 113106013 5/15/2013 Noise Complaint - Motorcycles revving motors Cltlzen GOA - UTL Goad evening My name is Pat and this is my brother AI. We are hear tonight to discuss a cattage grove noise issue created by vehicles and motorcycles. 1 live in the 70 and Hinton area and my brother lives on the south side of 80 street. The reason for pointing this aut is because the excessive vehicle and motorcycle noise is not unique to any one area of Cottage Grove. Loud vehicle mufflers, booming car stereos and now that Spring has finally arrived, the popping and crackling of motorcycles mufflers , seems to be out of controi. Although there is a specific cottage grove ordinance that is written for vehicle stereo noise, there is only a one sentence city ordinance that speaks specifically about motorcycles - ordinance (6-7-5) and it states: "recreational motor vehicles shall meet the noise limits established for motorcycles by Minnesota Statute chapter 169." This is pretty vague, requires additional research into the Minnesota Statute and certainly must be difficult for police officers ta readily access and/or interpret. We are here to request an ardinance that very clearly outlines motorcycfe muffler noises and the manner in which an individua( aperates a motorcycle. ME: As stated, I liue in the 70 and Hinton Ave area which is a very high traffic area and is already a raceway for vehicles, including motorcycles. Over the past two years, the traffic has escalated and will only worsen with the new development an Baily Road/Radio Drive. Something needs to be done regarding the noise level that in my opinion violates my rights acCOrding to various Minnesota Statutes. I have the right to open my windows or sit outdoors without having to scream over the outside noises or have to wear earplugs to block it out. I have called the police department last year and this year as I was trying to determine if the noise is caused by a lack of ordinance enforcement or if a new ordinance is needed to get some kind of control over the noise. I advised the officer that we intended to co{lect signatures within the cottage grove comm nity and he quickly s#ated "yau will have rto problem getting ennugh signatures to push for a mo# rcycle ordinance. Hawever, I am hopeful fhaf gathering signafures won'f be necessary. On final note from me, I am bewildered by the faat that on Hinton Avenue, the speed limit goes fr 35 mph to 45 mph to 55 mph ....all within �-blocks. ��� �,�Q.�2� ��j ., ��J �, ''i � r � � �.� �� . �� � �� �� � .� Municode ���. 1����. � ��f�9�r, ���. Page 1 of 1 (a) Every motorcycle shail at all times be equipped with a muffler in good working oi�der which blends the exhaust noise into the overalt vehicle noise and is in constant ope�ation to prevent excessive or unusual noise. No person shalf use a muffier cutout, bypass or similar device upon a matorcycle on a street, highway or public way. The exhaust system shali not emit or produce a sharp popping or cracking soun�. (b) (�o person shall have for sale, sell or offer for use or sale on any motorcycle any muffler that faifs to c�mply with the speci�cations as required by the commissioner of highways of the state. (�;ode l �7�•�5, ;`; 12t��. c�21 ���. �i�W��. � ������ of ���r��i��, Motorcycfes shail be operated in such manner as to minimize any disturbances to fihe public and shall not unreasonabfy annoy or disturb the comfort ar repose of any considerable number of members of the public by engine npise, horns, naisy acceleration and any other audible di�turbance resulting from such motor bicycle operation. (C�r.le 7J�5, y 9?_(.7�f.(73(�?) `�e�ie la�� retrar�rrE:r�---� l�uthc�iity fcrrrr�ur�icip4�lity� t� regulate oPf-luyt�n�����y rrir��farcycles. Mlr�r�. .Stat. �� 3�1.7�?5 sr�t,d. 8.