HomeMy WebLinkAbout07-13-81 Residential Neighborhoods flnmmintr pnrt
Mu the (IInmmnn Olounril of#iEe QJtig of .out lira: RESIDENTIAL NEIGHBORHOODS COMMITTEE
The July 13, 1981, meeting of the Residential Neighborhoods Committee
was called to order by Councilman Beverlie J.Beck at 4: 00 p.m. in the
Conference Room of Century Center.
Persons in attendance included: Councilmen Dombrowski, McGann, Zielinski,
Taylor, Crone, Beck, Szymkowiak, and Voorde; Walter Kopczynski, Marchmont
Kovas, Richard Hill,Richar:d- Jasinski,County Commissioner; Kathy Barnard,
Jerelyn O'Connor, James Beck, Joseph DeKever, Mishawaka City Councilman; .
Attorney Carolyn Pfotenhauer; Brad Garton, Noise Coordinator of the Indiana
Cities and Towns, Corporal Blume, Shaun Spite, Meredith Spite, Ed Meehan,
Kathleen Cekanski-Farrand, and member of the News Media.
Councilman Beck announced that the purpose of the meeting was to discuss
Bill No. 46-81, the Light Motor Vehicle Noise Control Bill and to observe a
demonstration of noise control devices.
Chairman Beck then introduced Mr. Bradford Garton, Noise Control
Coordinator-of the Indiana Association of Cities and Towns.
Mr. Garton then reviewed the background of the model law which Bill No.
46-81_ is patterned after. He noted that the law had been developed by the
Enviromental Protection Office. Approximately 4,300 cars were tested resulting,
in an 80 (dba) decibel level being determined as the maximum reasonable noise
level for light motor vehicles. He highlighted that newly manufactured mufflers
must meet a 78 dba level when coming off the assemblyline. He recommended
e ifo.rcement at 86 dba.
Mr. Garton then highlighted the very successful enforcement programs in
other Indiana cities. In Evansville, the law has been in effect for 13 days
with 81 citationsialready being issued. Fort Wayne has had the law in effect
since July of 1980 with a minimum fine of $150. 00. They have received national
recognition for their program. He noted that the law has been challenged
and judicially upheld in Fort Wayne and Kokomo.
Mr. Garton stressed that the law is designed to catch individuals who
have modified cars and motorcycles; those who basically do not care about the
peace and quiet of their neighborhoods.
A side effect which has resulted from this ordinance in most cities, is
that it is promoting safe driving habits, and greater awareness of noise.
The equipment was then shown to the Committee. The units average
$1, 000. 00 in cost. The Indiana Association of Cities and Town has a policy of
loaning out the equipment for a minimum period of two months. Additionally
they will train the police officers in the use of the equipment, and assist in
any trial litigation matters. It was suggested that six units wo d e >needed
one for each traffic vehicle.
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Councilman Crone asked about the life of the equipment. Mr.
Garton stated that each year the equipment would be recertified at a
cost of $50 to $60.
Councilman DeKever and Commissioner Jasinski stated that Mishawaka and
St. Joseph County were looking into both stationary and moving noise
control ordinances.
Mr. Garton stated he would be sending a model stationary noise
control ordinance for us to consider, which he has been working on for
several months. He noted that the equipment he was showing could be
used for both moving and stationary noises.
Following further discussion, Councilman Voorde made a motion seconded
by Councilman Beck to recommend Bill No. 46-81 favorably to the Council,
and to include the following amendments:
(1) changing the effective date to October 1,1981;
(2) change the posting of street signs from "shall" to
"may" ; and
(3) change the penalty clause to a minimum fine of
$50. 00 for the first offense; $100. 00 for the
second offense; and $250. 00 for each subsequent
offense.
Mr. Garton recommended a high fine schedule since most muffler repair work
averaged $250. 00 to $300. 00; and since the cost of modifying muffler
systems is relatively high. Following further discussion the motion
passed 3-0.
The meeting was then moved to the Century Center Parking lot. Mr.
Garton showed how the noise control equipment would be placed on a South
Bend Police vehicle.
The demonstration then showed how the equipment would work in
monitoring both cars and motorcycles. Ms. Spite drove a car with a
defective muffler; and Councilman Dombrowski rode his motorcycle. Both
were driven at varying speeds to show how the equipment worked.
Following the demonstration, the meeting was adjourned at 5:55 p.m.
Respectfully Submitted,
Beverlie J. Beck
Chairman