HomeMy WebLinkAbout09-29-21 Public Comment - J. Shrauger - Noise OrdinanceFrom:Jason Shrauger
To:Agenda
Cc:Martin Matsen
Subject:Proposed Changes to the Bozeman Noise Ordinance
Date:Wednesday, September 29, 2021 9:24:19 PM
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Good Evening Commissioners,
Please find my attached comments on the proposed changes to the Bozeman Noise Ordinance.The below comments were originally sent to Marty Matsen last week when he shared the draft
language of the ordinance with the building community.
To add to my original comments to Mr Matsen, if the main purpose of these proposed changesis to limit the use of loud speakers/stereos on job sites, then I would point you to your existing
BMC 16.06.050 and BMC 16.06.060 code sections that adequately address the use of, andramifications to those who improperly use, these devices. I too agree that loud speakers are a
nuisance to the neighborhoods experiencing already busy construction sites. Enforcement ofyour existing Municipal Codes (BMC 16.06.090) is likely a better approach to this issue.
That said, the proposed changes, as written, to the ordinance that you are currently reviewing
go far beyond addressing the loud stereo issue and severely limit construction businesseshours of operation, specifically in the summer months.
As such I am strongly against the proposed changes to the Noise Ordinance as currentlywritten.
If your busy schedule allows, please review my email to Mr Matsen, copied below, where I gointo much more detail as to my, and many other general contractors concerns with the
proposed changes as written, specifically the allowed hours of operations and 60db noise levellimits.
I appreciate your time in considering my comments and thank you for dealing with the
complex issues you deal with every day.
Jason Shrauger
Old Mill HomesBozeman, Montana
Email originally sent to Mr Matsen on 9-22-21 9:54 pm
Hi Marty,
Thanks for sharing the proposed draft of the changes to the construction noise ordinance.
I fully understand the purpose of the draft language and support the need to minimize thesound levels from construction sites in general. That said, I also understand the needs of
construction sites and the inevitable noise that can come from them.
The ordinance allows non-emergency signaling devices, Loading, unloading or openingcontainers, snow blowers, leaf blowers or similar devices, outdoor events, outdoor activities
and public work to all “create noise” between the hours of 6am and 8pm during the winter and6am and 10pm during the summer. My biggest concern is the fact that this ordinance treats
construction sites differently than ALL of the other early morning or late evening noisecreating situations listed above.
Construction operations are limited to the hours of 7am to 8pm “YEAR ROUND”. Although
these times are probably very realistic during the winter months, they are NOT during thesummer months. We have a very short construction window due to our Montana weather and
most job sites rely on the longer daylight hours to get their jobs done. By using the timesabove, you are effectively taking away 3 hours per day of “business time” any construction
site is able to be open. Thats 15 hours a week or 60 hours a month that you are limitingconstruction sites as compared to other outdoor businesses.
There are two ways to look at the issue. 1. Limit hours of operations to construction sites and
effectively extend the overall time a project takes to complete. Or; 2. Allow the hours as theycurrently exist and get the noise completed sooner.
I would also like to add that a closer review of the 60db threshold should be made. A simple
google search shows that Restaurant conversation, AIR CONDITIONING UNITS (@100’),motorcycles on streets, hair dryers and dishwashers are all considered to be in the range of
60db on average. Unless this ordinance is going to address the above sources of noise,between the same hours of “quiet time”, then I would argue that the City of Bozeman is
making a concerted effort to single out one type of business over the other.
Is the city willing to take on the discussion of limiting other business types operating hoursdue to their noise? (Bars, restaurants, outdoor concerts, music on main, etc) Is the city willing
to take on the discussion of the numerous air conditioning units in most every neighborhood intown and have homeowners shut them off during the proposed quiet time as well? Would the
city have been willing to not have the 4 hydronic heating units that ran 24hours a day, forweeks, on the new public safety center, not be used during the nighttime hours when they were
most critical to your concrete curing? Not likely. Yet this ordinance revision does limitconstruction related businesses?
When we talk about hurdles to new construction in the city, affordable housing, the amount of
building stock available to buyers (supply and demand), etc; this ordinance as written,becomes just another hurdle on the long list of items that makes this a difficult place to build
in.
I could probably go on, but by now I assume you are understanding my perspective. As asmall business owner in the construction business, I can not support the proposed ordinance as
written.
Thanks for the opportunity to comment. I have copied several individuals on this email as wellin hopes you will receive a broader range of perspectives than just mine.
Jason