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October 3, 1999

TC looks at tighter ordinance on noise

Police officer points out that there are not very many complaints about noise problems

By CARI NOGA
Record-Eagle staff writer
      TRAVERSE CITY - While Traverse City's scenic landscape can't be beat, the city has some work to do to make its "acoustic soundscape" match.
      Eric Zwerling, a noise researcher and consultant from Rutgers University in New Jersey, met with Traverse City commissioners in a study session Friday to discuss noise issues and the city's noise ordinance.
      "It became apparent to me we need to do something to improve that ordinance," city Mayor Jim Tompkins said after the meeting.
      He expects city staff who attended the meeting, including police officers and the city attorney, to make recommendations based on Zwerling's ideas.
      Zwerling did not make actual recommendations, since he said he doesn't know what the community wants to protect from noise. If, for instance, residents don't want to hear personal watercraft on the bay, that will have to be incorporated. If they don't want to hear car stereo systems from sidewalks, that must also be factored in.
      "It's certainly impossible for me to suggest what's appropriate for this jurisdiction," Zwerling said.
      Still, he suggested that the noise levels in residential areas allowed by city ordinance may be too high.
      Between 7 a.m. and 10 p.m., noise levels may not exceed 75 decibels, according to city ordinance. Between 10 p.m. and 7 a.m. it drops to 70 decibels. Penalties include fines of $100 to $500 and up to 90 days in jail.
      Zwerling played a recording of a NASCAR race at 70 decibels, and then at 65, 60 and 55.
      "When somebody hears a 70, it's extremely informative," he said. "I think the consensus was 60 decibels was a pretty acceptable level."
      "We're going to have to lower those decibel levels maybe across the board," Tompkins said. Decibel levels are presently set for different zoning classifications.
      Tompkins said that exceptions will have to be made for activities like lawn mowing. That could be done by limiting hours of operation.
      "It's probably going to have to have a few more specific things in there," he said.
      Beyond lowering the decibel limits, Zwerling's other suggestions included:
      - Having noise control officers participate in planning and zoning decisions, to proactively assess the noise impact of different projects.
      - Setting standards for noise more accurately measured on a different scale. The current code's standards are based on a scale which mimics human hearing. However, that scale does not adequately measure high intensity, low frequency sounds like amplified bass music, Zwerling said. Therefore, if the city deems such music to be a problem, it should set up new standards on a scale that does.
      - Making it clear to residents and businesses that there is a strong code that will be enforced.
      "The presence of a credible enforcement program is enough to serve as a deterrent," he said.
      Officer Scott Maxson, who has become the Traverse City police department's de facto noise expert, said that outside of snow plowing noise complaints, he responds to just a few noise calls a year.
      "It's not that prevalent, really, and it's typically the same spots over and over," he said.
      One of the most persistent complaints has been lodged by Gary Keyes, who lives on West Bayshore Drive, near the Tom's West Bay shopping center. He said noise from the store's fans and operations have taken a substantial toll on his physical and emotional well-being.
      Noise levels permitted under the city's ordinance are too high and don't factor in different types of noise frequencies, Keyes said. He said he hopes Zwerling's visit leads to a "meaningful law" that sets "an enlightened level of environmental protection."
      "Perhaps we can come up with a livable code," he said.
     
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