Friday, 24 June 2011 06:24

Sutter Creek oks twilight outdoor music law

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slide2-joint_panel_returns_to_general_plan_update.pngAmador County – The Sutter Creek City Council on Monday approved a noise ordinance based on “Civil Twilight,” during daylight savings time, with the approach of summer literally hours away.

City Attorney Derek Cole recommended the draft noise ordinance, which he crafted with comments in mind from many people at previous meetings who were concerned about outdoor music at the American Exchange Hotel. He also said codifying a time may require the end of amplified sound “way before sundown,” and sometimes “even before they get started.”

He recommended a “Twilight Ordinance,” to have amplified sound outdoors end based on Civil Twilight, which is “literally the end of all daylight” and beginning of all night light. He said the Navy measures it, and has a website indexing the exact daily time, so it will not be arguable.

Cole said at Monday’s meeting: “It turns out I believe today is the longest day of the year, so Civil Twilight will end at 9:02 p.m. tonight.” He said “I wanted to present this as soon as possible because it is literally the first day of summer.”

He made the recommendation in “trying to find a happy medium between the needs of the merchants and the needs of the residents who live here full time. This is just a suggestion.”

Mayor Tim Murphy asked about “nuisance noise and special events.” Cole said the current ordinance extensively covered nuisance noise, with decibel levels.

Councilman Jim Swift asked about omitting the 7 p.m. amplified sound deadline. Cole said as recommended, “it will only be effective during daylight savings time,” and if Civil Twilight dips below 7 p.m., the ordinance deadline ends at 7 p.m.

Councilman Gary Wooten said he thought it may still be challenged. City Manager Sean Rabe said Civil Twilight was meteorologically set, and regularly indexed online.

Councilwoman Sandy Anderson said she felt that “dark is fair, and we may cross over into getting a little crazy about this.” She said “each person can have special events.”

Cole said the ordinance would segregate home dinner parties with guests and outdoor music, from special event requirements. Anderson asked if it was a “tradition that noise not last past 10 p.m.” Murphy said the “nuisance noise” ordinance time limit is 10 p.m. Cole said that ordinance is “pretty comprehensive” and has decibel level limits to noise.

Police Chief Brian Klier said his predecessor purchased a decibel meter, but he has not found it since taking over as chief.

The council voted 4-0 to approve the new ordinance. It will return for final adoption July 5.

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