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2018-107 Noise Ordinance EnforcementDate: August 24, 2018 Report No. 2018-107 INFORMAL STAFF REPORT TO MAYOR AND CITY COUNCIL SUBJECT: Provide information on Noise Ordinance enforcement. EXECUTIVE SUMMARY: As a concluding item at the July 24, 2018 City Council meeting, information was requested on the enforcement of the Noise Ordinance. Between October 1, 2017 and July 31, 2018, the City of Denton received a total of 1,666 complaints with a majority of complaints resulting in the issuance of a warning. DISCUSSION: The City of Denton received 1,666 noise complaints from October 1, 2017 to July 31, 2018 and 4.8 percent of complaints were related to commercial properties. Table 1 provides details relating to the disposition of the noise complaints received city-wide and 98 percent of calls are not escalated beyond a warning. The process for officers to determine whether a noise complaint is a violation of the noise ordinance is to use a decibel meter. If the noise exceeds 65 a-weighted decibels (dba) at 50 feet from the noise source or the established perimeter of an event for outdoor festivals, then it constitutes a violation. There are some other measurements for bass reverberation but is used less frequently. Call Disposition Calls Percentage Warning Issued (Verbal or Written) 1,040 62.42% Unable to Locate a Noise Disturbance 559 33.55% Call Disregarded by Citizen 36 2.16% Citation Issued 17 1.02% Offense Report Made 8 0.48% Arrest Report 6 0.36% Total 1,666 100% Table 1. FY17-18 YTD Call Disposition Denton Police Department’s (DPD) normal response is to contact the property owner or tenant. When there is a violation, the first step is to use warnings to gain compliance. Repeat calls in the same night, or an on-going issue with frequent calls over a period of time result in increased enforcement, such as a citation. Arrests are rare, and typically confined to instances where the owner or resident is uncooperative or has committed another criminal violation. DPD provides status updates to the complainant(s) when requested. Date: August 24, 2018 Report No. 2018-107 There is not a maximum number of complaints allowed per individual and DPD responds to every complaint that is made. If the noise complaint is determined not to be a violation, the officer often contacts the business and notifies them of the complaint. Of the 1,666 total calls described in Table 1, DPD received 80 calls for commercial properties and Table 2 describes the type of establishment for which a complaint was received. A majority of commercial complaints are against bars and typically the music venues and bars want to be notified of complaints, so they are aware and can monitor the volume. State law regarding disorderly conduct can be used when the decibel levels are not exceeding the limit, but the circumstances (time of day, location, repeat calls, etc.) warrant some enforcement. Type Calls Percentage Restaurant/Bar 68 85% Carwash/Laundromat 1 1.25% Event Venue 0 0% Retail Store 9 11.25% Storage Facility 2 2.5% Warehouse 0 0% Total 80 100% Table 2. FY17-18 YTD Calls by Commercial Location STAFF CONTACT: Frank Padgett Police Deputy Chief 940-349-7906 Frank.Padgett@cityofdenton.com