HomeMy WebLinkAbout06172020 ZPC Agenda Item 4 Page 1 of 2
City of West University Place
Planning and Zoning Commission Meeting
DATE: June 11, 2020
Agenda Topic: Noise Ordinance Amendment
SUMMARY: The proposed modifications to the noise ordinance have been amended based on the
comments from the previous Zoning and Planning Commission Meetings,and the Council Workshop.
This proposed ordinance has two options for consideration for the ZPC.
SUMMARY OF PROPOSED REVISIONS: This is the summary of changes that occurred since
the ZPC the last meeting:
1. Staff has removed nuisance language from the code language, and has instead added "in
violation of this article" due to a recent Texas Supreme Court Case that requires injury for a
nuisance case (Crosstex North Texas Pipeline, LP v Gariner-2016).
2. Staff has recommended that the Zoning and Planning Commission consider allowing the 70
dB(A) level for leaf blowers,as it provides substantially more gas-powered options,while
still limiting the loudest leaf blowers.
TWO OPTIONS FOR CONSIDERATION:
Option A: This option has two parts,the first part is a general lawn maintenance noise standard,and
the second is a defined leaf blower noise limitation. General lawn maintenance equipment has an
85 dB(A) limitation at 25 feet, which will allow work to be performed but limit the loudest
equipment. The noise heard from leaf blowers is the most complained lawn equipment noise. In
this proposal, the regulation of leaf blowers limits the sound at either 65 dB(A) or 70 dB(A)
measured at 50 feet. Upon additional research, staff recommends that the 70 dB(A) standard be
adopted, as more gas blowers are permitted from residents and commercial companies (See Home
Depot Survey). The goal of these provisions is to remove the loudest lawn equipment,while allowing
the work to be performed. When there is equipment that can operate at less than the residential quiet
hours limitation of 58 dB(A),then this equipment would be allowed during residential quiet hours.
1. Other lawn maintenance equipment is limited to a maximum of 85 dB(A)
measured at 25 feet: Similar to the regulation leaf blowers, a similar standard of 85
dB(A) at 25 feet is commonly utilized for compliance with sound ordinances and has
been recommended with this edition of the proposed Ordinance.
2. Leaf blowers limited to 65 dB(A) or 70 dB(A) measured at 50 feet: There are
many resources for finding appropriate models leaf blowers for a dense residential
community such as West University Place. A certification sticker for leaf blowers in
compliance with the 65 dB(a) or 70 dB(a)standard is located on the equipment. This can
be easily utilized by staff to determine compliance with this proposed Ordinance.
Additionally, if a leaf blower does not have the certification sticker, the
manufacturers specifications can be shown to prove compliance with this subsection.
Page 2 of 2
City of West University Place
Planning and Zoning Commission Meeting
a. This required could be adjusted to be 70 dB(A) at 50 feet, which would allow more
leaf blower models in the City. As technology improves, this noise level could be
adjusted. At the 70 dB(A) level, roughly 62% of leaf blowers satisfy
this requirement that are for sale at the Pin Oaks Home Depot, and adjacent stores
(See attached Home Depot Survey).
Option B: The second option for consideration is to modify the quiet hours, and allow lawn
maintenance with no noise limitation outside of residential quiet hours. This option is the easiest to
enforce as there are scheduled times for when lawn maintenance can be performed.
3. Proposed Residential Quiet Hours: This option will define the hours when many people
are sleeping or engaged in quiet activities at home,to be designated as follows:
i. Any weekday (Monday through Friday, except holidays mentioned below) before
7:00 a.m. or after 7:00 p.m.
ii. Any Saturday(except the holidays mentioned below)before 8:00 a.m.or after 5:00
p.m.
iii. Any Sunday, New Year's Day, Thanksgiving Day, Christmas Day, and whenever
corresponding Friday or Monday on which the City observes that holiday before
12:00 noon or after 5:00 p.m.
iv. In order to work outside normal work hours,must be approved by the City
Manager or designee before any work outside of the normal hours is
commenced.
SUMMARY OF PROPOSED AMENDMENTS FOR BOTH OPTIONS: The summary of
proposed amendments is presented with general updates and two options for regulating tools and
equipment utilized for maintenance of the property. These proposed changes are outlined below.
4. General noise measurements: This section has been modified to make sure that any sound
meter measurements are at the adjacent property, unless as stipulated in the ordinance under
Section 54-44. This adjacent property measure would not be utilized for lawn equipment, as
there is either a certification sticker or manufactures information that will have to be shown
or proved to confirm compliance.
5. Urgent Public Projects: This proposal eliminates the need for certified notice for urgent
public works projects. These types of projects are typically an emergency, and notice
requirement would make emergency repairs difficult. Public works projects that are planned
in the future will follow the City's policies for notification of property owners.
Page 3 of 2
City of West University Place
Planning and Zoning Commission Meeting
Sec. 54-42(b) Urgent public projects. It shall be an affirmative defense, in any
prosecution under this article that the offending noise was deemed a necessary repair
by the Public Works Director for a public need.
Staff Recommendation: Consideration for the propose options for a revised noise ordinance.
Attached:
1) Proposed Noise Ordinance with both options
2) Proposed change in Quiet Hours
3) May 18, 2020 Workshop Summary for Noise Ordinance
4) Power Point with Option A Information
5) Home Depot Survey conducted on 6/6/2020
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST
UNIVERSITY PLACE, TEXAS; AMENDING CHAPTER 54, NOISE, OF
THE CODE OF ORDINANCES OF THE CITY OF WEST UNIVERSITY
PLACE, TEXAS, TO REVISE IN ITS ENTIRETY THE CRITERIA FOR
NOISE AS A NUISANCE WITHIN THE CITY AND CONTAINING
FINDINGS AND PROVISIONS RELATING TO THE SUBJECT.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WEST UNIVERSITY PLACE, TEXAS, THAT:
Section 1. Chapter 54, Article III of the Code of Ordinances, of the City of West
University Place, Texas is amended by the repeal of the existing Article III, and the
adoption of a new Article III, to read as set out in Appendix A, attached hereto. All other
portions of Chapter 54 of the Code of Ordinances not specifically amended hereby remain
in full force and effect.
Section 2. All ordinances and parts of ordinances in conflict with this Ordinance
are repealed to the extent of the conflict only.
Section 3. If any word, phrase, clause, sentence, paragraph, section or other part
of this Ordinance or the application thereof to any person or circumstance, shall ever be
held to be invalid or unconstitutional by any court of competent jurisdiction, neither the
remainder of this Ordinance, nor the application of such word, phrase, clause, sentence,
paragraph, section or other part of this Ordinance to any other persons or circumstances,
shall be affected thereby.
Section 4.. The City Council officially finds, determines and declares that a
sufficient written notice of the date, hour, place and subject of each meeting at which this
Ordinance was discussed, considered or acted upon was given in the manner required
by the Texas Open Meetings Act, as amended, and that each such meeting has been
open to the public as required by law at all times during such discussion, consideration
and action. The City Council ratifies, approves and confirms such notices and the contents
and posting thereof.
Section 5. This Ordinance takes effect immediately upon its passage and adoption
on second reading.
1
PASSED, APPROVED AND ADOPTED ON FIRST READING on the
day of , 2020.
Councilmembers Voting Aye:
Councilmembers Voting No:
Councilmembers Absent:
PASSED, APPROVED AND ADOPTED ON SECOND READING, AND
SIGNED, on the day of , 2020.
Councilmembers Voting Aye:
Councilmembers Voting No:
Councilmembers Absent:
Attest: Signed:
City Secretary (Seal) Mayor
Recommended:
City Manager
Approved as to legal form:
City Attorney
2
Appendix "A"
Amend Chapter 54, Article ll-Noise in its entirety by substituting the following provisions:
ARTICLE II. - NOISE
Sec. 54-39. - Unreasonable noise prohibited.
Notwithstanding anything else in this Article, it is unlawful for any person to intentionally or
knowingly make or create any noise of such volume, intensity, or duration as to disturb or annoy
a reasonable person of normal sensitivity in the usual and expected enjoyment or the use of a
dwelling. In determining whether a violation of this paragraph occurs, the following may be
considered:
(1) The level, frequency, or duration of the noise;
(2) The proximity of the noise to the dwelling;
(3) The nature and zoning of the area within which the noise occurs; and
(4) The time of the day or night the noise occurs.
Sec. 54-40--General noise level limit.
Except as provided in Section 54-41, it is unlawful for any person to make, assist in making,
permit, or continue making, cause to be made or continued, or permit the continuance of any
sound at any location beyond the property lines of the property on which the sound is being
generated that when measured exceeds the applicable dB(A) level listed below. for the property
on which the sound is received. The sound level shall be measured at the property line of the
The general maximum limits for any noise, except for noises specifically listed in Section 54-41
of this chapter, are as follows:
(1) Residential property:
a. 58 dB(A) during residential quiet hours.
b. 65 dB(A) during all other times.
(2) Nonresidential property:68 dB(A) at all times.
(3) All sound level measurements shall be made as provided in Section 54-44 of this article,
unless as otherwise stipulated in Section 54-41.
Sec. 54-41. - Enumeration of specific noises.
(a.)The following noises, among others, are declared to be loud, disturbing noises in violation
of this article (this enumeration is neither exhaustive nor exclusive of other noises):
(1) The noise of any horn or signal device on any automobile, motorcycle, bus or other
vehicle while not in motion, except as a danger signal if another vehicle is approaching
apparently out of control; the same noise made while in motion, except as a danger
signal after, or as, brakes are being applied and deceleration of the vehicle is intended;
any unreasonably loud or harsh sound created by means of any such signal device; and
the sound of such device made for any unreasonable period of time.
3
(2) The sound of:
a. Any vehicular or portable radio, phonograph, disc player,tape player or any musical
instrument that is plainly audible outdoors from a distance of 100 feet or more (or 50
feet or more during residential quiet hours); or
b. Any loudspeaker or amplifier operated outdoors during residential quiet hours that
is plainly audible from a distance of 50 feet or more.
"Plainly audible" means any sound that can be detected by a person using his or her
unaided hearing faculties. Example: If the sound source under investigation is a portable
or personal vehicular sound amplification or reproduction device, the enforcement officer
need not determine the title of a song, specific words, or the artist performing the song.
The detection of the rhythmic base component of the music is sufficient to constitute a
plainly audible sound.
(3) The sound of any automobile, motorcycle or other vehicle so out of repair, so loaded or
operated in such manner that it creates loud noises such as spinning or squealing tires,
grating, grinding, rattling or other noise exceeding 85 decibels.
(4) The sound of any mechanical equipment installed at a fixed location (Examples: fans,
compressors, condensers, pumps, generators, etc.), if:
a. When the equipment is operating, noise from the equipment is discernable at a point
outside the boundaries of the site where it is installed, and noise at that point is
measured at a level of 70dB(A) or higher; and
b. Immediately before or after operation of the equipment, noise at the same point is
measured at a level of 65dB(A) or lower.
All-sound level measurements shall be made as provided in Section 5'1 'I13 of this article.
(5) The sound of a discharge into the open air of the exhaust of any internal combustion
motor or engine, except through a muffler or other device which will effectively prevent
loud or explosive noises therefrom.
(6) The sound of any mechanical device operated by compressed air, except pneumatic
drills, unless the noise thereby created is effectively muffled and reduced.
(7) The sound produced by the erection, excavation, construction, or demolition of any
building or structure, including the use of any necessary tools or equipment, conducted
outside residential quiet hours which activity produces a sound exceeding 85 dB(A)when
measured from the property line of the residential property where the sound is being
received. This decibel limit is not applicable when a current, valid permit has been
obtained for the activities named and the sounds are being produced outside of
residential quiet hours.
(8) Any excessive noise made on any street adjacent to any school, institution of learning or
court while the same is in session, or adjacent to any hospital at any time, which noise
unreasonably interferes with the working of any such institution, provided conspicuous
signs are displayed in such street indicating that the same is a school, hospital or court
street.
(9) Any loud and excessive noise resulting from the loading or unloading of any vehicle or
container, or the opening or destruction of bales, boxes, crates or containers.
4
(10) The sound of any bell, gong, whistle, siren, or other alarm or signaling device installed
at a fixed location which is reasonably calculated to disturb a person of ordinary
disposition if such person were in the vicinity thereof. Exceptions: This does not apply
to:
a. An emergency alarm operated by the fire department or other governmental
agency; or
b. An alarm system permitted and operated in compliance with applicable
regulations, including automatic shutoff rules; see, e.g. chapter 26.
c. Any gong, bell or chime used in a religious observance or prayer.
(11) The sound of any drum, loudspeaker or other instrument or device used to attract
attention to any performance, show or sale of merchandise.
(12) The sound made by loudspeakers or amplifiers on trucks or other vehicles.
Current proposal
{
(13) The sound made by the use of tools or equipment, other than leaf blowers, for the
maintenance of outside areas that exceeds 85 dB(A) measured at twenty-five (25) feet,
outside residential quiet hours.
(14) The sound of any leaf blower operated in the City outside residential quiet hours that
exceeds sixty-five [(65) or (70)1 dB(A) from a distance of fifty (50) feet utilizing the
American National Standard Institute Methodology (ANSI B175.2). Any leaf blower that
bears that certification shall be presumed to comply with any noise level limit of this
subsection provided it operates as the manufacturer designed. Any operator of a leaf
blower without this certification shall be prepared to provide verification from the
manufacturer confirming compliance with this subsection.
}
Alternative proposal
{
(13) The sound made by leafblowers, lawnmowers and other lawn maintenance equipment
when operated during residential quiet hours.
}
(b.) In the event of any conflict between this section and Section 54-40 the provisions of this
section shall control.
Sec. 54-42. -Affirmative defenses.
(a) Request to cease. It shall be an affirmative defense in any prosecution under this article
that a request to cease causing the noise in question was given neither to the person charged
nor to any officer, agent, employee or representative of the person charged.All peace officers
and other city enforcement personnel are hereby authorized to request that persons cease
causing noises that are apparently in violation of this article. Nothing herein limits the right of
others to make such requests.
(b) Urgent public projects. It shall be an affirmative defense, in any prosecution under this
article that the offending noise was deemed a necessary repair by the Public Works Director
for a public need.
5
needed. certified, in writing, that expedited completion is urgently needed and in the
public interest; and
(2) Made after 7:00 a.m. and before 9:00 p.m.
(c) Measured noise levels. It shall be an affirmative defense, in any prosecution under this
article, that a measured noise level was actually produced by some person or thing other
than that alleged to have caused the noise.
(d) Registered outdoor events. It shall be an affirmative defense, in any prosecution under this
article, that the offending noise resulted from an outdoor concert or similar event that:
(1) Was registered at least 48 hours in advance with the chief of police;
(2) Did not last more than four hours, of which no more than two hours were during
residential quiet hours; and
(3) Was otherwise conducted to avoid disturbance of persons within nearby dwellings.
(e) Speech or expression. The affirmative defenses for speech or expression enumerated in
V.T.C.A., Penal Code § 42.04 (prior order to move, disperse or remedy) shall also be
available in any prosecutions for violations of this article.
Sec. 54-43. - Injunction as additional remedy.
As an additional remedy, the noise made by any activity, device, instrument, vehicle or
machinery in violation of any provision hereof and which causes discomfort or annoyance to
reasonable persons of normal sensitivity, or which endangers the comfort, repose, health or
peace of residents in the area, shall be deemed, and is declared to be, in violation of this article
and may be subject to abatement by a restraining order or injunction issued by a court of
competent jurisdiction.
Sec. 54-44. - Sound level measurements.
Sound level measurements under this article shall be made in accordance with the following
criteria:
(1) Measurements must be made with a type 1 or type 2 calibrated sound level meters
using the A-weighting scale and the slow meter response as specified by the American
National Standards Institute (ANSI S1.4-1984/85A).
(2) Noise levels shall be measured in decibels and A-weighted. The unit of measurement
shall be designated a "dB(A)."
(3) Meters shall be maintained in calibration and good working order.
(4} Calibrations shall be employed which meet ANSI 51.40 1981 prior to and immediately
(5) Measurements recorded shall be taken so as to provide a proper representation of the
sound being measured.
(6) The microphone of the meter shall be positioned so as not to create any unnatural
enhancement or diminution of the measured sound. A windscreen for the microphone
shall be used.
(7) At the property line of the building site where the noise is being generated.
6
(18)Residential quiet hours means those hours when many people are sleeping or engaged in quiet activities
at home. They are hereby designated as follows:
Any weekday (Monday through Friday, except the holidays mentioned Before 7:00 a.m. or
below)*: after g7:00 p.m.
Any Saturday (except the holidays mentioned below)*: Before 8:00 a.m. or
after 85:00 p.m.
Any Sunday, New Year's Day, Thanksgiving Day, Christmas Day, and Before 12:00 noon
whenever corresponding Friday or Monday on which the city observes or after 85:00 p.m.
that holiday*:
* In order to work outside normal work hours, must be approved by the City Manager or his designee
before any work outside of the normal hours is commenced.
May 18, 2020
City Council Workshop Summary
Noise Ordinance Discussion:
Regulation of Construction: Outside of quiet hours there are no noise limitations for permitted work, as
a certain amount of noise is associated with construction. The board thought that construction is
transitory and is what it is.
Change in quiet hours:This proposal also changes the quiet hours with one more quiet hour during week,
and three more during the weekends(See Proposed Quiet Hours).During quiet hours all noise must satisfy
the quiet hours dB(A) limitation. The changes proposed to quiet hours are generally supported by the
Zoning and Planning Commission.
Proposed Quiet Hours:
Any weekday (Monday through Friday, except the holidays mentioned Before 7:00 a.m. or
below)*: after 87:00 p.m.
Any Saturday (except the holidays mentioned below)*: Before 8:00 a.m. or
after 45:00 p.m.
Any Sunday, New Year's Day, Thanksgiving Day, Christmas Day, and Before 12:00 noon
whenever corresponding Friday or Monday on which the city observes or after 85:00 p.m.
that holiday*:
* In order to work outside normal work hours, must be approved by the City Manager or his designee
before any work outside of the normal hours is commenced.
Four Potential Approaches For Noise:
1. Stay with the current ordinance:
a. Outside of quiet hours the sound levels are not regulated.
2. Noise based standard outside of quiet hours.
a. At the City of Houston, the limitation is 85 decibels, but there was concern that this 85
dB(A) limitation is too low for certain types of work.
3. Regulate the equipment instead of the noise:
a. This is approach the proposed ordinance is utilizing. Enforcement is easier as there is
either a sticker, and the manufactures specification that can be provided for compliance.
One of the arguments against an equipment-based standard is that landscapers may
currently not have compliant equipment.
4. Limit the use of lawn equipment to certain days of the week:
a. There can be certain days of lawn equipment usage such as when garbage is picked up.
The drawback to this approach is that it takes away the flexibility of when work is
performed.
Council Feedback:
Comment 1: There are 10 leaf blowers available at the 65 dB(A) limitation at the Pin Oaks Home Depot.
At 70 dB(A)there are 16 available leaf blowers.
Comment 2:Suggest that we give contractors some period of time, maybe six(6) months to have enough
notice to conform to the new ordinance for leaf blowers.
Questions:
Question 1: Where did the 65 dB(A)standard come from?
Answer: The 65 dB(A) Standard is used in several cities, such as Portland Oregon. Although, the City of
Portland does allow for 70 dB(A) leaf blowers during the rainy season to provide more power to move wet
leaves.
Question 2: Is there any concern that power washers will be out of compliance with this article?
Answer: The 85 dB(A) at 25 feet standard should provide enough noise for louder equipment such as
power washers.
Question 3: How was this ordinance be enforced?
Answer:This ordinance would be enforced by Code Enforcement Officer or a Police Officer. If a call comes
in normal business hours the code enforcement offer would enforce. A list of compliant equipment
machines that can be utilized could be compiled.
Question 4: Measuring equipment at the property line?
Answer: Not needed for most equipment as a sticker identifies compliance or the manufacturers
specifications can be provided to check for compliance for leaf blowers.
Question 5: There is an issue with utilizing he public nuisance language of this ordinance, as the Texas
Supreme Court requires an injury.
Answer:The City's Attorney will look into this matter.
Guidance:
Council generally more in favor increase in quiet hours.
Council generally in favor of limitations on equipment, including leaf blowers.Some consideration
should be given for the 70 dB(A) limitation for leaf blowers.
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Home Depot Leaf Blower dB(A) Rating Survey
A survey was conducted of available leaf blowers for sale at Home Depot at the Pin Oak and the nearby
stores of Westheimer, Westbury Square,Spring Valley, and Beltway 8 was performed (See Exhibit A).This
survey has found that there are 104 available leaf blowers at or below the 65 dB(A), of which only four
gas leaf blowers satisfy the proposed requirement.When looking at 70 dB(A)or below,there are 11 more
gas powered blowers available for purchase. Additionally, at 70 dB(A) there are two gas leaf blowers on
the shelf at nearby Home Depot's available for purchase. A total of 40% of leaf blowers for sale at Home
Depot satisfy the 65 dB(A) requirement and 62% satisfy the 70 dB(A) requirement. Allowing 70 dB(A)
would allow more options for residents and contractors.
Exhibit A: Noise Levels and Available Leaf Blowers
Home Depot-Leaf Blowers Survey
Available
Db(A)Level In
orstore Y
Rated Electric Gas Total nearb Electric Gas
stores
35 to 50 11 0 11 0 0 0
Greater than
50 to 65 89 4 93 11 11 0
Greater than
65 to 70 45 11 56 8 6 2
Greater than
70 to 80 12 33 45 6 3 3
Greater than
80 to 90 12 2 1 1 1 0
Greater than
90 to 100 36 7 43 1 1 0
Greater than
100 9 2 11 0 0 0
Total 214 59 260
Exhibit B: Available Leaf Blowers as a percentage at Home Depot.
Summary of Avaible Leaf Blowers
Percentage
of Leaf
Blowers in
Electric Gas Total compliance
Total 65 dB(a) r
and below 100 4 104 40%
Total 70 dB(a) IP
and below 145 15 160 62%
*Home depot website as reviewed on 6/6/2020
To All ZPC Members
Ref: Noise Ordinance
At your last meeting in May the majority's opinion was that there should be no changes to noise levels
currently permitted under Chapter 54 of the existing ordinances. I fully support your position for the
following reasons:
1. WestU's existing levels are the same as those for the City of Houston and conform to those of
many other communities; your Chairman, Richard Wilson, so stated during his presentation to
the City Council's Workshop on May 18`h
2. The proposed change for leaf blowers would create an inconsistency in standards permitted for
different types of property care equipment; for instance lawn mowers versus leaf blowers
versus power washers versus chainsaws. If the "noise level" is the critical issue then should we
not establish a common, realistic standard applicable to all types of equipment which then
permits the efficient use of such equipment and also aligns with neighboring cities/townships
where our contractors also work.
3. Garden maintenance by most contractors is usually completed quickly so the noise created is
normally for short periods ("transient").
4. Any noise revisions would potentially place additional costs for new, conforming equipment on
contractors, especially smaller outfits, which could lead to higher prices and/or less competition
if some providers withdraw.
5. Enforcement of the proposed ordinance will be difficult especially if different noise limits are
permitted for various yard equipment and may take City's Code Enforcer Officer away from
more important issues. Outside the Code Enforcement Officer's normal hours, the police would
be required to enforce this ordinance per City Manager. Do we really want our police force to
be monitoring noise rather than deterring real crime?
6. WestU is a small, friendly and tight-knit community. Enforcement of the proposed ordinance
would mostly be dependent on a resident's complaint which may lead to friction between
neighbors.
7. Similar proposals have already been considered and rejected by both the Current and Previous
Councils.
Two of the benefits of the City's various Commissions are that the members are usually long-term
residents with broad knowledge and experience of WestU life and they are able to provide an
independent assessment and recommendation for any proposed new or amended ordinances. In May
you felt that no changes to the existing permitted noise levels in the ordinance were warranted for
various and good reasons. I see no new information that would cause you to change your previous
position so I urge you to maintain to your May decision on this issue and approve Option B as set out in
the June agenda.
Sincerely yours
Eddie Matthews
5906 Fordham Street (Tel: 832 668 5250)
To West University Place ZPC Members June 9, 2020
Having participated in the ZPC Workshop on May 14th, I was under the impression that there
was a consensus of the majority of members that the current noise ordinance should be left as
is, primarily due to the inability to enforce the proposed changes to the Noise ordinance.
Having attended the City Council Workshop and Meeting on May 18th, I was very disappointed
that the recommendation of the ZPC majority from the workshop seemed to have been
summarily dismissed by Council without even hearing any mitigating factors, pushing for the
ZPC to go back and reconsider the same proposed modifications again. Even though I spoke at
the May 14th ZPC Workshop, I am writing to hopefully emphasize what I feel are shortcomings
in the proposed Noise Ordinance that I feel must be considered to ensure that the noise
ordinance be effective, uniform and fair.
• There is no consistent standard across yard equipment with mowers at 85dB and
blowers at 65dB, and completely ignoring power washers, chainsaws, tree chippers and
other tools. How can 85dB for mowers be OK, but not acceptable for leaf blowers?
• How can you establish regulations for 3rd parties on residential properties, but exclude
commercial and government maintenance authorized up to 105dB, possibly right across
the street from residences?
• How can you pass an ordinance that will negatively impact 99% of the current 3' party
yard service organizations? Even with a short phase in period, these businesses
(especially small businesses with 1 or 2 crews) will be significantly impacted financially
just for the privilege of working in West U. Some larger firms have 50+ leaf blowers you
would force them to replace.
• How can you expect 3rd party yard services to operate a different set of equipment for
West U? In speaking to some of the 3rd party contractors, they would continue to use
their more powerful leaf blowers in surrounding areas such as the City of Houston (85dB
limit) and Bellaire (no specific limits,just quiet hours).
• In conversations with commercial yard service organizations, it was discovered some
utilize "governors" on their throttles, which means that a 74dB rated blower is being
operated at 65db or less. Using a sticker to assess compliance, or even looking up the dB
rating based on model number, while simplistic, is not always an accurate way to assess
compliance.
• How can you pass a noise ordinance that clearly cannot be consistently and fairly
enforced?This revision anticipates enforcement by complaint which is neither
reasonable, consistent nor fair.
Proponents of the changes state that there is a 3rd party operating in West U whose equipment
is all battery operated (cleanairlawncarehouston.com), and they are correct... However, besides
inferior performance, those proponents fail to mention that the business had to spend
significant dollars to mount solar panels on his truck in order to continually charge a bank of
batteries that otherwise would not allow him to operate his equipment for the number of
hours needed to sustain a commercial yard business (average battery life is 30-45 minutes).
As mentioned in one of the recent meetings, proponents also state that there are a number of
compliant 65dB rated blowers at Home Depot and Lowes, but fail to mention that none of
which are viable for a commercial business. The blowing power of battery operated devices
ranges between 25-50% less CFM or MPH or both resulting in increased time/effort to do the
same work. (cubic ft/minute; miles/hr), not to mention battery life and charging in the field
issues. Bottom line I have heard from yard services I spoke to is that battery operated
equipment is not feasible for commercial operations who service large numbers of West U
customers.
I too would like to see us get to a point where more quiet equipment can reasonably become
the standard but we are not there yet. Build a plan that includes time for the technology to
improve, the 3rd party vendors to prepare for the additional cost and the ability to amortize
their current equipment investment over a reasonable time period, say 3 years.
Perry Nolen, 4203 Milton St
West University Place
Agenda Item #5
Josie Hayes
From: Clay Chew
Sent: Wednesday, June 10, 2020 1:16 PM
To: 'Richard Beck'
Cc: Josie Hayes
Subject: RE: ZPC meeting June 11, agenda item 4
The meeting has been rescheduled for June 17.
We will add you to speak.
Clay Chew
Chief Building Official
City of West University Place
3826 Amherst, West University Place, TX 77005
Tel 713.662.5830
Fax 713.662.5304
o v
ATTENTION PUBLIC OFFICIALS:
This email,plus any attachments,may constitute a public record of the City of West University Place and may be subject to public disclosure under the Texas
Public Information Act.
A"reply to all"of this e-mail could lead to violations of the Texas Open Meetings Act. Please reply only to the sender.
From: Richard Beck<mrrabeck@gmail.com>
Sent:Wednesday,June 10, 2020 1:07 PM
To: Clay Chew<CChew@westutx.gov>
Cc: Kevin Trautner<ktrautner@westutx.gov>
Subject: ZPC meeting June 11, agenda item 4
Dear Sir,
I would like to register to speak at the June 11,2020 meeting on agenda Item 4.
My address is 4116 Rice Blvd, Houston, TX 77005
Phone number is 832-259-7441
My comments will be as follows:
I am a 38 year resident of West University Place having lived at two addresses in the 4100 blocks of Tennyson
and Rice. Lots in this area are typically 50-65 feet in width and 100 to 125 feet in depth. There are some
exceptions.
I understand the commission is considering two options. While the options listed in the Agenda Packet are a
good starting point I believe they can be improved. I would like to present a third hybrid option and a doable
ideal option.
i
I know that sound levels have been discussed extensively and believe you all understand that the dba scale is a
logarithmic scale and not linear which means that the sound levels increase non linearly. 75db is twice as loud
as 65 db for example. The 70dba option is 50% louder than 65 dba.
The standard for labeling leaf blower sound levels is a measurement at 50 feet. The standard for lawnmowers is
25 feet. It might be worth thinking about why the distances are different. They are all yard equipment. It is
likely the result of a lobbying effort to make leaf blowers seem quieter than they are.
A 70 db leaf blower measured at the source is about 100 db. This is important. Here's why. In order for that leaf
blower not to exceed 70db, it would have to be on the other side of my neighbor's 50-65 foot wide yard.
Anywhere else, a sound level well over 70 dba will be heard within my yard. If you think that you will "only"
hear 70 or 65 dba in your yard when equipment is operating next door, you are grossly mistaken. Based on that
we should go for the lowest sound limit possible which realistically at this time is 65dba.
I strongly support 65dba as a max allowed unit as defined in Option A.
Option B puts no limit on sound levels but increases quiet hours.
Since Options A and B are considered to be technically and operationally feasible, I would like to suggest
Option C.
Option C would combine the best of A and B to limit leaf blower sound to 65dba and adopt the increased quiet
hours of Option B.
In my remaining time I would like to suggest an Option D.
Many people will be working from home or at home for the foreseeable future and exposed to the sound from
lawn crews.
Option D would incorporate the 65 dba limit for leaf blowers and the increased quiet hours and divide the city
into two halves. My suggestion is east of Poor Farm Ditch and west of poor farm ditch. One side would allow
commercial crews on M, T, W the other side would allow them on W, T, F. Yes there is an overlap on
Wednesday. No commercial work would be permitted on Saturday or Sunday. Residents who do their own yard
maintenance could do so 7 days a week outside of quiet hours.
The advantage to option D is to provide all citizens with 4 days per week free of the sound of commercial lawn
crews. I have done rough calculations that say the work can easily be done within this time frame of Monday to
Friday. Here is what the split would look like.
2
Residents.can do their own yards any day of the week during quiet hours
Based on the
number of lots '
and time to do
a yard,all
yards and
public and
commercial
properties
could be done
by commercial 11d WITh, F
companies t I
during the
Monday to
Friday window
Leaving
Saturday and
Sunday free of
commercial
companies.
Has this been done, yes. An example is Burlingame, California a city of about 30k people and 13k households.
Since 2012 they have limited leaf blowers to 65 db and split the city into 3 zones and they are able to keep their
city from turning into a jungle.
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Here is a link to their info about how they do
things. https://www.burlingame.org/departments/sustainability/leaf blowers.php#::text=In%20July%202012
%20the%20Burlingame,an%2 0ordinance%20regulating%201eaf%20blowers.&text=Residents%20may%20use
%20their%20own,as%20on%20their%20assigned%20weekday.
3
I am attaching the citizen info brochure they put together.
fi Leaf Blower Ordinance Informational flyer.pd
Please feel free to pass this on to the commission members ahead of time.
Regards,
Rich Beck
mrrabeck(a�gmail.corn
4