PURPOSE:

The purpose of this report is to request that City Council introduce an ordinance amending Burbank Municipal Code (B.M.C.), Chapter 21, Article 2, Division 2, Section 21-213 Radios, Television Sets and Similar Devices.  It is staff�s recommendation that Chapter 21, Article 2, Division 2, Section 21-213 of the B.M.C. be amended to state:

(a)   DISTURBING RESIDENTS

No person shall use or operate any radio receiving set, musical instrument, phonograph, television set or other machine or device for the producing or reproducing of sound or other sound amplification systems in such manner as to disturb the peace, quiet, and comfort of neighboring residents or any reasonable person of normal sensitiveness residing in the area.

(b)   PRIMA FACIE VIOLATION

1. Any noise causing the ambient noise level of interior residential areas to be exceeded by more than five decibels shall be deemed to be prima facie evidence of a violation of this section.  Noise measurements shall be taken within any adjoining apartment if the radio receiving set, musical instrument, phonograph, television set or other machine or device is in an apartment house, condominium or other multiple dwelling.   

2. Not withstanding subsection i, any person which operates or permits the operation of an outdoor sound amplification device which can be heard fifty (50) feet or more away from the source of the device shall be deemed prima facie evidence of a violation of this section.

(c)   EXCEPTIONS

This section shall not apply if a park permit or other City approval expressly authorizes the use of outdoor sound amplification devices.

BACKGROUND:

Burbank is fortunate to possess high quality park facilities.  They are used by a large number of individuals.  This is especially true during the summer months.  Some park users bring personal CD/tape players for their own or their party�s enjoyment.  Periodically, this has created some disturbances, however, during the past couple of years these musical amplification devices have created more and more problems with residential neighborhoods immediately adjacent to park facilities.

The current B.M.C. Section 21-213 (Attachment A) uses language which makes enforcement difficult.  This is frustrating to the complainant and the responding officer.

DISCUSSION:

During FY 2002-03 staff received a number of complaints from neighbors of individual parks concerning excessive use of amplified sound devices.  A number of meetings were held to discuss specific concerns and potential solutions.

Park, Recreation and Community Services staff met with the designated Police Officer assigned to the Park Patrol detail.  During the course of his and other officers� patrol, they contacted numerous groups and requested that park patrons lower the volume of their personal amplification devices.  While they adhered to the requests, oftentimes the volume was turned up once Officers departed.  This was confirmed by neighbors and Park, Recreation and Community Services staff assigned to weekend duty.  The current code covers �any noise causing the ambient noise level of interior residential areas to be exceeded by more than five decibels�.  However, this is not an ideal enforcement tool when dealing with complaints originating in park settings and negatively affecting surrounding residential areas.

On February 12, 2004 at the Park, Recreation and Community Services Board meeting, a representative from the Brace Park neighborhood requested that the Board recommend to City Council a change in the ordinance that regulates sound devices.  He shared that the problem is most severe during the summer months when the park attracts the largest number of patrons.   The Board agreed with staff�s recommendation to amend the code and to utilize language that is similar to the California Motor Vehicle Code, Chapter 5 Article 1, Section 27007, Sound Amplification Devices.   It states �no driver of a vehicle shall operate or permit the operation of any sound amplification system which can be heard outside the vehicle from 50 or more feet�.  This is slightly more than the width of a two lane street with parking lanes on both sides.  A code amendment with similar language would be enforceable by Police Officers responding to complaints, and would not necessitate a decibel reading.  This amended ordinance creates a presumption that noise is unreasonable when it can be heard fifty (50) feet or more from its source.

FISCAL IMPACT:

It is anticipated that the City of Burbank will not have a significant fiscal impact due to the adoption of this amendment.  There will be the need to post signs noting the new regulations.  

RECOMMENDATION:

It is the recommendation of staff and the Park, Recreation and Community Services Board that City Council introduce the proposed ordinance to amend Chapter 21, Article 2, Section 21-213, Radios, Television Sets and Similar Devices of the Burbank Municipal Code.

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