At the July 16 meeting of the Osceola City Council, council tabled action on a noise ordinance to allow city staff time to make revisions. Once the revisions come back to the council, they will decide if they want to move forward with a public hearing.
Currently, the only noise ordinance in the Osceola City Code of Ordinances is found in Chapter 40, Public Peace, section 3, Disorderly Conduct:
“2. 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])
Some of the proposed changes presented to council by Osceola City Administrator Ty Wheeler to be added to the section would be:
Clarification of noise disturbance as injuring or disturbing sounds: 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.
Included noises:
• Selling by “hawking” or “barking:” The sound of selling by shout or outcry when made within the area of the city-zoned residential or commercial;
• Loading and unloading: The sound made by outdoor loading, unloading, opening, closing or handling of boxes, crates, containers, building materials, garbage cans, trash receptacles or similar objects between the hours of 9:00 p.m. and 6:30 a.m. emanating from any area of the city zoned residential or at the real property boundary of residential property;
• Engine repairs and testing: The sound made by the repairing, rebuilding, modifying or testing of a motor vehicle or recreational vehicle which is received between the hours of 9:00 p.m. and 6:30 a.m. emanating from any area of the city zoned residential or at the real property boundary of residential property;
• Musical instruments: The sound made by a drum, horn, reed instrument, string instrument or other musical instrument or device which is received between the hours of 9:00 p.m. and 6:30 a.m. at the real property boundary of residential property
• Off-road motorcycle and recreational vehicle noise: The sound made on private property or on city-owned property other than a public right-of-way by a motorcycle or recreational vehicle made between the hours of 9:00 p.m. and 6:30 a.m. emanating from a residentially zoned neighborhood. However, the sound made by a motorcycle when traveling from private property to a public right-of-way, or vice versa, in pursuance of normal ingress or egress for purposeful transportation is not a noise disturbance.
• Construction noise: Erection, demolition, excavation drilling or other construction work which is received between the hours of 9:00 p.m. and 6:30 a.m. emanating on a residential property at the real property boundary of residential property
• Landcare/landscaping: The sound emitted by tools or equipment used in maintenance/ upkeep of structure/sufficient lawncare of living spaces between the hours of 9 p.m. and 6:30 a.m.
Excluded noises:
• Emergencies: The sound emitted in the performance of emergency work or to alert persons to the existence of an emergency
• Outdoor alarms (fire, burglary, etc.): For emergency purposes, or for essential testing of devices.
• Church bells.
• Noise emanated from an event that has required a special events permit. Wheeler stated that a change to the ordinance on special events would probably need to be modified to reflect noise not being in disagreement with a noise ordinance.
• Automobile radios: The sound emitted by an automobile or truck radio, tape deck or player or other standard equipment used and intended for the use and enjoyment of the vehicle’s occupants while the vehicle is on the public right-of-way; provided that the sound emitted therefrom is not audible for more than 50 feet.
• Railroad: any sound emanating from railroad ROW excluded
• Sound emanating from a Mobile radio or telephone signaling device
• Religious ceremonies.
• Law enforcement: The sounds made or caused to be made by law enforcement officials in the performance of their official duties.
• Utility or municipal vehicle or equipment: Any sound emanating from municipal private or franchise utility vehicle or equipment working on contract with the city. This would include solid waste collection, as well as after hours repairs for water mains, power lines, phones, etc.
• Industrial operation in districts B1, B2, B3, I1, I2, or B1H would be excluded from noise that is customarily permitted in those districts as not disruptive business operations.
Mayor Thomas Kedley thanked city staff for their work on the ordinance draft, borrowing from other communities and making the ordinance into one that fits Osceola’s needs.
“I would love to move forward with it and put it into a public hearing to allow the people to have their voice [heard]. In my tenure as mayor, the number one complaint I get is noise with parking…I’d like to see it move forward,” said Kedley.
Osceola police chief Marty Duffus said he didn’t see any issues with enforceability when asked.
Councilman Dr. George Fotiadis questioned noise from fireworks, as the Iowa law allows for the legal discharge at certain times of the year past the 9 p.m. cutoff. Wheeler said he could clarify noise from fireworks, as it’s regulated in Chapter 41.12 of the city code of ordinances.
Wheeler asked council what they thought about the 9 p.m. cutoff for noise enforcement, as it is still light out during certain times of the year. Councilman Dan Hooper pointed out that it’s often dark by 9:15 p.m. Kedley recommended hearing what the public would have to say about time at a public hearing.
Fotiadis was in favor of coming back to the ordinance as an agenda at a later meeting, after revisions had been made.
Discussion was also had about amending the commercial vehicle parking ordinance, particularly in relation to noise, and if permits should be required for certain commercial vehicles. After talking through the proposed changes, Wheeler suggested tackling the noise ordinance first.
“Having gone through all this with both codes, I can’t help but wonder if we don’t start with the noise and then decide,” said Wheeler. “In trying to provide more concrete parameters for noise…it may be that abates the concerns.”
Kedley and Fotiadis both agreed that the noise issue seemed to be more of the problem.
“Let’s maybe look at the noise part first, see if it solves the problem before going further,” said Fotiadis.
Lawn mower
At the July 2 meeting, Wheeler presented a request from the Clarke County Historical Society seeking mowing assistance from city staff for the museum grounds, which is about 10 acres. At the meeting, mayor and council suggested that the museum also talk to other county entities and towns within Clarke County.
Sometime after that meeting, a conversation was had about the possibility of Osceola Parks and Rec donating a mower that they would be rotating out this year, as someone was willing to do the mowing, but needed the equipment to do so. The mower in question is a 72-inch, zero-turn mower that would otherwise have been auctioned off; Wheeler estimated they’d have received about $2,000 for it.
Councilman Tom Bahls asked if this type of donation had been done before, and expressed concern about setting a precedent of other entities or organizations asking for donations or items from the city. Kedley stated that there are already precedents, as the city helps the senior center by issuing a waiver of water and sewer, and contributes annually to the Clarke County Animal Shelter.
“We donate to the senior center, animal shelter, and they’re a non-profit, non-government facility, so the museum is a part of our community,” said Hooper before making a motion to donate the mower.
The motion was seconded by Fotiadis, and passed 3-1 with Bahls voting no.
Public hearing
A public hearing was scheduled 4-0 for Aug. 6 to amend the ordinance regarding sanitary sewer system rates and charges. The amendment is part of administrative housekeeping to strike section 99.03(2) - Surcharge. The section is no longer in effect, but cannot be removed without an ordinance amendment. There will be no changes to any sewer rates as part of this action.
Meeting minutes and the public hearing notice can be found on the city’s website, or in the legal section of the July 25 newspaper.