Mayor & Commission Meetings

LEGISLATIVE REVIEW COMMITTEE Thursday, March 6, 2025 City Hall Conference Room 301B Committee Members Present: Committee Members Absent: Commissioner Carol Myers, Chair Commissioner John Culpepper Commissioner Stephanie Johnson Commissioner Ovita Thornton Commissioner Allison Wright Staff: Brad Griffin, Acting Manager Doug Hansford, Building Permits & Inspections Sherrie Hines, Deputy Chief Attorney Jack Reddick, Building Permits & Inspections Courtney Davis, Senior Attorney Deputy Chief Harrison Daniel, Police Department Austin Jackson, Senior Attorney Chinesia Thompson, Recorder Bruce Lonnee, Planning Department Commissioner Myers called the meeting to order at 1:00 p.m. A. Approval of Minutes: Commissioner Wright made a motion to approve the February 6, 2025 minutes. Commissioner Johnson seconded the motion. The motion was approved unanimously. B. Public Input: There was none. Commission Identified Items of Interest: C. Review the existing noise ordinance and discuss prospective updates, particularly in the Agricultural Residential zone, related to non-agricultural sounds, as well as in the Commercial Downtown district relative to amplified noise. The Committee may wish to seek a different measure of noise (using objective measures of volume, for example). Brad Griffin shared that, in reviewing the charge, he believed it would be best to begin with some initial discussion with the Committee. He explained that it would be helpful to hear more about what complaints Committee members receive from their constituents regarding noise in Agricultural Residential (AR) zones. Commissioner Wright stated that while there are no AR-zoned properties in her district, she is aware that Commissioner Davenport frequently receives complaints about noise originating from the Fairgrounds. She suggested that the Committee may need to better understand the current situation in the area. Regarding the Commercial Downtown district, Commissioner Wright expressed interest in exploring the feasibility of prohibiting amplified devices in public rights-of- way. Commissioner Johnson noted that she has not received many noise complaints in her district, with issues generally being limited to neighbors living in close proximity to one another. Commissioner Myers shared that the primary noise concern in her district relates to the Fairgrounds, as addressed by Commissioner Davenport. She expressed an interest in gathering further insights from the Police Department and Code Enforcement regarding resident complaints near the Fairgrounds. Additionally, Commissioner Myers mentioned that there was some amplified music from a church in her district, but this issue has since been resolved.  Bruce Lonnee provided an overview of the history of the Fairgrounds, explaining that it is an inherited situation. The site was more regularly used as an event space prior to unification and operated with minimal regulation under the Clarke County ordinances. After unification, the Fairgrounds continued under the new unified government structure for zoning. He clarified that the Fairgrounds has been allowed to remain in operation as a legal non-conforming use. Bruce Lonnee also explained the cooperative efforts involved when organizing events at the Fairgrounds. Planning serves as the primary point of contact for permitting and works in coordination with the Health Department if there will be food service, Building Inspections for code compliance, the Fire Marshal, and the Sheriff's Office or Police Department for traffic management. He noted that events held on the property are treated as special events and are permitted accordingly. Regulations allow for up to four major events per year, with events that have over 1,000 attendees counting towards that threshold; however, he acknowledged that it can be challenging to determine event details in advance, as it is reliant on the event coordinator’s estimate. Additionally, he pointed out that there is currently no structured process for staff to address noise concerns before events begin. Often, discussions regarding the event take place within 12 hours of its scheduled start. Brad Griffin explained that the temporary special event permits ordinance is what sets the Fairgrounds apart. He noted that the ordinance was originally intended to allow a property in the Agricultural-Residential (AR) zone to host large events a few times per year. He also shared that, when reviewing the noise ordinance, compliance is determined based on proximity to residentially zoned property. Brad Griffin explained that, to his knowledge, there are concerts that are extremely loud, and there are some people that live in the area; however, Deputy Chief Harrison Daniel added that the area surrounding the Fairgrounds, extending approximately one mile out, is zoned either AR or government use, with a small section of Residential Single-Family (RS) zoning located about a mile away. He confirmed that the noise ordinance does not apply to AR-zoned properties. Commissioner Wright requested confirmation that the distance that is referenced in the noise ordinance is distance to a residential-zoned property and not necessarily the distance to a home on an AR-zoned property. Staff confirmed that to be the case. Commissioner Myers asked about the ownership of the Fairgrounds. Brad Griffin responded that he could not recall the specific owner but believed the property was privately owned. Doug Hansford stated that he was unsure of when the current use began but estimated it dates back to the 1960s or 1970s. Commissioner Myers also asked whether there had been any complaints received by the Police Department or Code Enforcement. Doug Hansford explained that most complaints are directed to the Police Department since events often take place after hours, and Code Enforcement typically hears about them the following day or on Monday. Deputy Chief Daniel confirmed that the Police Department does receive noise complaints from the area. He explained that in some cases, officers are contacted during the event itself, while in others, complaints are submitted after the fact. At times, constituents contact Commissioner Davenport directly, who then follows up on the matter. These complaints typically arise during rodeos or concerts where amplified sound is used. Commissioner Myers inquired whether staff had information about the time of day when complaints are typically received. Deputy Chief Daniel explained that, while he did not have specific times at the moment, they generally occur during evening and nighttime hours. Commissioner Johnson expressed interest in understanding how many complaints are received each year for the Fairgrounds property. Brad Griffin responded that staff could gather that information and present it at the next meeting. Commissioner Johnson also asked for clarification on the definition of amplified sound. Deputy Chief Attorney Hines explained that the ordinance refers to mechanical sound-making devices, which include not only devices plugged into Legislative Review Committee Meeting Minutes Page 2 030625  speakers but also items such as cars and televisions. Commissioner Johnson asked whether anyone had contacted the property owner or designee of the estate regarding the complaints. Brad Griffin responded that he was not aware of any communication with the property owner. Commissioner Myers asked whether a management company was involved. Commissioner Wright explained that her understanding is that, in the AR zone, the noise ordinance is not enforceable, so the property owner is not permitting anything outside what is legally allowed. Doug Hansford confirmed this, noting that Code Enforcement is generally hesitant to contact property owners when there is not an ordinance violation. Senior Attorney Austin Jackson explained that the noise ordinance includes an exception for sounds produced by manufacturing, government, or commercial entities acting in the normal course of business. He stated that there is little dispute that the Fairgrounds operates as a commercial entity engaged in hosting large-scale events that produce sound. As such, the noise ordinance typically does not apply, unless the commercial activity occurs within a defined distance from a single-family residential zone. Commissioner Johnson inquired about whether or not there were calls in the past when the Police had to respond, and, if so, what was the communication exchange and resolution. Deputy Chief Daniel explained that he could not speak to specific incidents, he was aware that officers have responded and made contact with event organizers during such events; however, since there is no ordinance violation, the Department’s role is limited to informing organizers that noise complaints have been received and that the sound is disturbing nearby residents. Brad Griffin explained that the current noise ordinance applies only to single-family residential zoning. He stated that if the ordinance were expanded to apply more broadly to residential zones, it would encompass both agricultural-residential and multi-family residential areas. He cautioned that staff would be hesitant to propose broader changes due to the potential for unintended consequences that could negatively affect legally established uses within those zones; however, if the Committee is interested, staff could review and prepare draft changes. Commissioner Myers stated that she would be interested in exploring any legal or enforcement options staff might suggest for addressing activities at the Fairgrounds, particularly options that minimize unintended consequences. She also requested information on the volume of complaints received. Brad Griffin asked whether, under the current exception for commercial entities operating in the normal course of business, a change to the ordinance would result in a grandfathering provision. Senior Attorney Jackson explained that he would need to research that further but added that any changes might involve considerations such as whether a use has been discontinued or whether new time, place, or manner restrictions are being introduced. Commissioner Wright expressed interest in learning what enforcement options might apply to new entities compared to existing ones. Commissioner Johnson requested clarification on the limitation of four events per year. Bruce Lonnee explained that the ordinance does include an annual event cap, though the exact number may need confirmation. He added that the threshold for counting an event toward the cap is typically set at a minimum of 1,000 participants, which is the standard used for enforcement. Brad Griffin added that enforcing this threshold can be difficult, as event organizers sometimes underestimate expected attendance to remain below reporting limits. Commissioner Johnson expressed concern that, even with ordinance revisions or a new ordinance, event coordinators could potentially manipulate the information. She explained that it is important for her to understand how often complaints occur. Brad Griffin shared that staff would provide information on the complaint history and present an overview of potential ordinance revisions, Legislative Review Committee Meeting Minutes Page 3 030625  particularly regarding expanding the scope beyond single-family residential zones. He noted that this would also provide time for the Police Department and the Attorney’s Office to weigh in on any legal or operational ramifications. Commissioner Myers also asked for information about the time-of-day restrictions included in the ordinance. Brad Griffin stated that staff would prepare a list of key points to display at the next meeting. Brad Griffin requested additional direction from the Committee regarding concerns about amplified noise in the downtown area. Commissioner Wright shared that she believes that something could potentially be done to address the use of amplified noise devices on the public right-of-way. Brad Griffin shared that staff would bring back a response to that concern as well. Commissioner Myers inquired about any differences between rallies and demonstrations downtown as it pertains to the noise ordinance if the demonstration is permitted. Senior Attorney Austin Jackson explained there is an exception for noise that originates from specially permitted events, so the noise ordinance would not apply to permitted special events. Deputy Chief Attorney Hines explained that they would have to consider an analysis of reasonable time and place restrictions, and the Attorney’s Office will certainly go back and provide the Committee some guidance that also recognizes the critical importance of protecting First Amendment rights. Commissioner Johnson explained that she would be less inclined to eliminate amplified sound downtown. She shared that she would be more interested in looking into the decibel level. Commissioner Myers asked whether a permit is required for a street performer using a small speaker or if any rules apply in such cases. Deputy Chief Attorney Hines explained that she does not believe a permit is necessary, primarily due to protections under the First Amendment. She explained that streets and sidewalks are considered traditional public forums, which grants individuals the right to engage in expressive activities in those spaces. While individuals are not permitted to stand in the middle of the street without an approved street closure permit, sidewalks are generally accessible for most forms of expression. Deputy Chief Attorney Hines added that there are certain regulations in place regarding street sales, particularly when money is being collected. Commissioner Wright noted that there are licensing requirements in place for street sales and that the number of licenses available is limited. She suggested that it might be helpful to receive an update on the current status of those licenses. Brad Griffin explained that staff would regroup and pull together some more detailed information to share at the next meeting. Commissioner Johnson also inquired about whether the Fairgrounds or the neighborhood came first. Brad Griffin explained that determining that may be challenging due to the historical depth of research required, but staff would look into it and see if they could provide an answer. Schedule/Agenda Changes The next LRC meeting is scheduled for April 3, 2025 at 1:00 p.m. Commissioner Wright made a motion to adjourn the meeting. Commissioner Johnson seconded the motion. The motion passed unanimously. The meeting adjourned at 1:52 p.m. *The April 3, 2025 LRC meeting was subsequently rescheduled to April 10, 2025 at 1:00 p.m. Legislative Review Committee Meeting Minutes Page 4 030625