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HomeMy WebLinkAbout02-25-25 Public Comment - D. Perlstein - PickleballFrom:DAVID PERLSTEIN To:Bozeman Public Comment Subject:[EXTERNAL]Pickleball Date:Monday, February 24, 2025 12:09:03 PM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. > > Braeside Properties > 412 East Olive > Bozeman, 59715 > 406-579-3500 > > 2/24/2025 > > > City of Bozeman > City Manager’s Office > 121 N. Rouse Ave > Bozeman, MT 59715 > > Subject: Formal Complaint Regarding Excessive Pickleball Noise at Bogert Park > > Dear Chuck Winn, > > I am writing to formally file a complaint regarding the ongoing and excessive noise generated by the pickleball courts at Bogert Park. As a resident of Bozeman, I, along with many of my neighbors, have been negatively impacted by the high noise levels associated with pickleball play at this location. > > Violations of Noise Regulations and State Law > 1. Excessive Noise Levels Violating Local Ordinances > • Noise studies have documented that pickleball noise reaches levels of 51-70 dB LAFmax, particularly to the west and north of the courts. > • These levels exceed acceptable residential noise thresholds and violate Bozeman’s noise ordinance (Sec. 16.06.050 & Sec. 16.06.060), which prohibits excessive or unusually loud noise that disturbs residents. > 2. Failure to Comply with Montana’s ‘Good Neighbor Policy’ for Public Recreational Lands > • Montana Code Annotated 23-1-126 establishes a good neighbor policy requiring that public recreational lands must not impact adjoining private and public lands through noise pollution, among other concerns. > • The pickleball courts at Bogert Park directly violate this law by generating continuous, disruptive noise that affects nearby homeowners. > • The City of Bozeman has a legal obligation to prevent excessive noise pollution from public parks and mitigate harm to residents. > 3. Lack of Adequate Noise Mitigation Measures > • Despite noise studies recommending a 20-foot sound barrier, the City has failed to take sufficient action to reduce noise pollution. > • The absence of a western sound barrier and the open sides of the pavilion allow significant noise levels (51-55 dB LAFmax) to reach residential properties, violating both city ordinances and state law. > > Impact on Residents > • Disruption of Peace & Comfort: The constant noise interferes with daily life, making it difficult to enjoy outdoor spaces or maintain a peaceful home environment. > • Potential Property Value Decline: Persistent noise pollution reduces property values in nearby neighborhoods, unfairly impacting homeowners. > • Health & Well-Being: Excessive noise exposure is linked to stress, sleep disturbances, and reduced quality of life. >> Requested Actions:>> To address this ongoing issue, I formally request that the City of Bozeman take the following actions:> 1. Enforce Noise Regulations: Apply Bozeman’s noise ordinance to limit excessive noise from the courts,including setting maximum allowable decibel levels.> 2. Ensure Compliance with Montana’s Good Neighbor Policy (23-1-126):> • Take immediate action to prevent public park noise pollution from impacting nearby residents.> • Develop and implement a noise mitigation plan that complies with state law.> 3. Implement Noise Reduction Measures:> • Install a western sound barrier to block noise from traveling into residential areas.> • Restrict court hours to minimize disruption during early mornings and evenings.> • Require quieter pickleball paddles and balls to reduce impact noise.> 4. Engage with Affected Residents: Conduct community meetings to hear complaints and work toward a balancedsolution that supports both recreation and residential quality of life.>> Failure to take action will leave residents with no choice but to pursue further complaints, legal options, andpublic action to enforce compliance with city noise ordinances and state law.>> I request a written response detailing the City’s plan to address this issue. I look forward to your prompt attentionto this matter.>> Sincerely,> David Perlstein> Braeside Properties LLC>> Sent from my iPhone