Reshape Bellingham's Noise Ordinance

Background/Summary:
The city of Bellingham has long been pushing for more residential units downtown, in hopes for an eco-friendly solution to urban sprawl. As a negative side effect, more and more residents are clashing with businesses over music-related "noise" in the downtown area.

Action Petitioned For:
We, the undersigned, are concerned citizens and music lovers who urge the city council to act now to alter the current noise ordinance to better serve both residents and businesses citywide, with particular attention to live music venues and nightclubs in the downtown area.


Immediate changes:

* Instate a "No Complaint No Ticket" policy immediately. Currently, an officer may cite someone even if no resident complained about the noise.

* Officers may give only one citation per violation, not multiple citations (e.g. for every tenant residing at the violating property).


Additional Changes:

* Create a downtown "arts and entertainment district," that would encompass current entertainment venues (some of which lie outside the "Central Business District." Quiet hours in the new district would be less strict than, for example, residential areas. Proposed quiet hours in the entertainment district: 2 a.m.-7 a.m. Quiet hours in residential areas: 10 p.m.-7 a.m.

* If a decibel limit is established in the entertainment district, it must be no lower than 85dB, measurable from the property line. B'DAMN's research demonstrates that this is the average volume of crowds gathered outside bars (smoking, etc.). Thus 85dB is the minimum volume standard to which entertainment venues can be held, since a lower volume would be impossible to measure separately from the people gathered on the public sidewalks. Because the decibel limit approach would cost the city money for equipment and staff, alternative solutions should be considered.

* Create a new time frame during which outdoor music is acceptable in the "entertainment district": until midnight on Thurs, Fri, Sat. and 11 p.m. other days.

* Set a new fine schedule for citations:

a. There must be one warning before every fine, to allow the violator to know there has been a complaint.
b. First violation starts at $100, up to $200, $300 etc., leading to $1,000 max in a three-month period of infractions. This brings Bellingham in line with Washington state code.

* Add a provision to ensure that the noise ordinance not be used as vengeful leverage (e.g. by someone who has been ejected from a nightclub). Suggestion: the caller must live or work within the same neighborhood as the complaint, or must remain on the scene until an officer arrives.

* Do NOT require new "music/entertainment" permits. This new process would cost the city substantially, and add to the already numerous restrictions and setbacks to operating a successful music venue in Bellingham. (i.e. fire sprinkler law, current noise ordinance, building permits, liquor licensing etc.)

* DO NOT create a "middle tier" for entertainment districts (p. 11 Noise Ordinance Issue Paper). This equates to discrimination against louder music, and an assumption that residents don't value louder music.


Future Changes:

* Create a task force to study the possibility and impacts of tougher construction codes, ESPECIALLY considering the potential impact noise issues could have on the new waterfront development.

* Study/ revise ventilation standards

* Require that the ordinance be reviewed regularly as the city grows and changes