Cum on Feel the Noize, Councilors Rock Yer Boyz

The Ludington City Council doesn't really look like the type of folks that would listen to loud music, so who knew they would try to sneak a new ordinance in that would effectively allow extremely loud music into the downtown district of Ludington, effectively raising the somewhat loud level of 70 decibels to the dangerously noisy level of 90 decibels.  Is Kaye Holman, the City Council member and Planning Commissioner member raring to go downtown and rock out to Pantera and Metallica? 

 

First, a little science, here's a chart that some of us may remember from physical science class dealing with decibel levels (that number in the middle):

Note, the warning halfway down telling us that decibel levels over 85 for extended periods can lead to hearing loss.  That's not good.  Here's more detail, or should I say, hear's more detail of such possible hearing damage:

Decibels are a measurement of noise named after Alexander Graham Bell, they are logarithmic by nature, meaning that an increase from 70 to 90 db means an increase in the power ratio by a factor of 100, an increase in amplitude by a factor of 10!

The current zoning law ordinance for Ludington section 400.6:3(4) says:  "Amplification of live music from individuals or up to four persons. Such amplification shall be less than 70 decibels measuring at a distance of 20 feet."  is a permitted accessory use in the downtown district.  The new proposed ordinance not only permits music performed live to reach up to 90 decibels but also music from a stereo or boom box to reach that level as measured from 20 feet away. 

Contrary to senescent senhora Councilor Kaye Holman, who also serves on the Planning Commission and may be a bit hard of hearing herself, this issue had been brought up at the committee level and discussed.  The public is not (nor does it need to be by law) apprised of what is to be discussed at the City's advisory committees, decisions are not made there they only are supposed to chat among themselves and pass it up to an Open Meeting of the full contingent of either the Planning Commission and City Council for proper discussion before the public.  But there has been no public discussion of the noise issue, nor has it been released to the general public through the usual means. 

The hidden clause was discovered by citizens affected by the current level of noise.  Nate Peterson who lives next door to the Blu Moon Bistro has had some contention with the current 70 db standard, and brought his objection to the new watermark in front of the council, as did the owner of the Instrumental Music Store, Jeff Nixon.  You know a decision to raise decibel limits 100-fold higher is ill-thought out when a music store owner starts complaining.

City Councilor Wanda Marrison heard the music and wisely took Councilor Holman's committee findings to task, so that this has been sent back to that committee for reconsideration of the arbitrary raise of noise levels.  Maybe fellow councilors of that committee, Taranko and Tykoski, will modify that policy and broadcast it loudly to the public this time.

Now the only question left unanswered at this point is where did the raise of the noise levels occur at.  A review of the minutes of the various City minutes show that the raise was noted in the councilor's packets of the March 4 council meeting, but there was no indication it was up to that level when it was at the last Planning Commission meeting held on February 5, 2013.  There was none held in March.

It will be noted that a search of the City's website of minutes and agendas under 'decibel' and 'noise' gets nothing applicable to the change of ordinance envisioned. 

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Here's a good comparison of two sounds of a chainsaw, one at 90 db, the other just above 70.  There's a bit of difference.  Check your volume first.

Just a further reminder: that decibel meter above is within a foot of the chainsaw noise amplifier, if you move back 20 ft as per the ordinance, the decibel level drops by 26, according to this decibel calculator.  So that chainsaw sound playing at over 90 db would be less than 65 db at 20 ft.  It doesn't help those that are dining beside it. 

Is it just me, or does it seem that whoever thought up this ordinance wanted this experiment to fail?  Excessive noise, very little right of way, pedestrians having to weave around on bumpouts, still tripping over the brick and concrete variances of the sidewalk. 

This is what central downtown planning and your friendly neighborhood DDA has brought to Ludington, at the low cost of about $140,000 plus per year. 

This video shows how downtown residents and their apartments will fare with the new noise levels approved ;-p

It seems to me that "noise" is not a "use", so, in my opinion "noise" limits should be addressed in other parts of the Code such as a "noise ordinance". 

That would be one way of avoiding the controversy for this ordinance, but the noise restraint was previously noted in the zoning law they are amending.  The City of Ludington only restricts noise levels in two districts, what effectively is the downtown, and light industrial areas adjacent to residential, like House of Flavors.

I think the original ordinance was in error and the amended part of the  ordinance does not apply to "use" because "music" is not a "use". Allowing entertainment would be a "use". The music or noise produced from that entertainment would/should then be addressed in a comprehensive noise ordinance.

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