Mayor & Commission Meetings

LEGISLATIVE REVIEW COMMITTEE Thursday, August 7, 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: Bob Cowell, Manager Doug Hansford, Building Permits & Inspections Austin Jackson, Senior Attorney Jack Reddick, Building Permits & Inspections Courtney Davis, Senior Attorney Bruce Lonnee, Planning Department Deputy Chief Harrison Daniel, Police Department Sarah George, Recorder Commissioner Myers called the meeting to order at 1:02 p.m. A. Approval of Minutes: Commissioner Thornton made a motion to approve the May 1, 2025 minutes. Commissioner Culpepper 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). Sarah George summarized prior Committee discussions on the noise ordinance. She explained that at the most recent meeting, the Committee reviewed the existing ordinance, which is currently enforced based on whether noise is plainly audible at a specified distance, during designated hours, and within certain zoning classifications. At the conclusion of that meeting, staff was asked to return with potential revisions to the special event permit process. Bruce Lonnee outlined the temporary special event permit process, noting that events at the Fairgrounds qualify as temporary special events by definition. He further explained that temporary special events are regulated differently by zone. In the Agricultural Residential (AR) Zone, there are five conditions considered in permitting, including limits on duration, frequency, and proximity to nearby residences. Deputy Chief Harrison Daniel then reviewed the special event permit process, emphasizing that while permits cover events in public rights-of-way or private events that affect public rights-of-way, they do not exempt applicants from the noise ordinance. He provided an outline of the process for the Committee. Commissioner Wright noted ongoing confusion about whether permit applications begin with Central Services or the Manager’s Office. Staff clarified that the special event permit process is  administered through Central Services, though technically ordinance language references the Manager’s Office. Commissioner Johnson suggested that clearer, step-by-step instructions would help residents better understand when a permit is required and stressed the importance of transparency in the process. Commissioner Myers requested confirmation that the distinction between the two processes is that the temporary special event permit applies to private property, whereas the special event permit applies to events on or impacting the public right-of-way. Staff confirmed this distinction. Sarah George clarified that events at the Fairgrounds fall under the temporary special event permit process since they occur on private property and do not impact the public right-of-way. She also noted that, at the Committee’s prior meeting, members questioned whether restrictions or requirements could be added administratively to the temporary special event permit process to limit noise impacts. She explained that staff reviewed this option but concluded that making the administrative process more restrictive than the ordinance could create legal and enforcement concerns. Senior Attorney Austin Jackson advised that imposing noise restrictions administratively could raise constitutional issues under the First Amendment and create inconsistencies. He recommended pursuing a text amendment to the noise ordinance instead, extending protections to AR zones. Staff reviewed a comparative example from Atlanta’s ordinance, which restricts noise from commercial entities near residential areas. Commissioner Johnson requested clarification on the meaning of a “text amendment”. Senior Attorney Austin Jackson explained that it is a formal modification to the text of the ordinance. Commissioner Johnson also inquired about whether or not there would be public comment on the proposed text amendment. Senior Attorney Austin Jackson confirmed that it would, noting that the amendment would require consideration by the full Mayor and Commission and receive public comment at both the Agenda Setting and Voting Sessions. Commissioner Wright inquired about whether the language could be modified to simply apply to a single-family residence rather than the zoning district. Senior Attorney Austin Jackson advised that tying it to zoning districts is preferable for consistency and enforcement. Commissioner Thornton requested an example of the 300 feet standard. Senior Attorney Austin Jackson clarified that the ordinance currently uses 300 feet, and staff suggested considering an expansion to 500–1,000 feet. Commissioner Thornton also urged the Committee to ensure that both commercial and event entities are considered in any ordinance update to prevent recurring issues. Senior Attorney Austin Jackson explained that event spaces are defined as commercial uses and would therefore be covered under the text amendment. Commissioner Davenport shared that residents near the Fairgrounds continue to report hearing amplified music from miles away, with vibrations strong enough to rattle homes. He urged the Committee to view the matter not only as free expression but also as a nuisance, emphasizing the disruption to residents who must work or attend school the following day. He used a map to illustrate the distance from the Fairgrounds to neighborhoods that have submitted complaints and requested data on noise complaints from single-family residential zoned properties, including the disposition of those complaints. The Committee also discussed enforcement. Commissioner Davenport asked whether penalties could escalate for repeated violations and at what point an entity or event could be shut down. Commissioner Johnson recommended holding property owners accountable, noting they have greater incentive to ensure compliance. Commissioners Wright and Thornton recalled prior instances where violators treated fines as the “cost of doing business,” and both supported escalating penalties for repeat offenses. The Committee requested updated complaint data, Legislative Review Committee Meeting Minutes Page 2 080725  including the number of citations and warnings issued at the county’s most frequently reported sites. Commissioner Culpepper asked whether citations could be issued to property owners instead of event organizers. Deputy Chief Daniel expressed concern that proving an owner permitted the violation could be difficult and might delay enforcement. He explained that under the ordinance’s “permit” language, citations could apply to property owners, but staff would bear the burden of proving the owner allowed the violation. Commissioner Thornton stated that she would prefer property owners to be cited, even if the process takes longer, given that current methods have not been effective. Deputy Chief Daniel also provided an overview of downtown noise complaints, including data by day of the week, time of day, and the top five locations for the past five years. Sarah George concluded the discussion by summarizing next steps. Staff will bring back to the Committee:  A draft amendment to the noise ordinance;  An overview of penalties for noise ordinance violations;  Guidance on any limits to maximum penalty allowed under State Law;  Guidance on citing the event promoter, property owners, or both;  An updated chart of the top 10 noise complaint locations from across Athens-Clarke County; and  Data on complaints from single-family zoned properties for noise from Fairgrounds with the disposition. Commissioner Johnson also requested a clearer outline of the special event permit process and guidelines. Commissioner Myers asked for clarification from the Committee on concerns related to downtown noise. Commissioner Wright shared that David Lynn of the Athens Downtown Development Authority is interested in participating as the Committee pivots to downtown noise discussions. She also noted that Commissioner Link has requested involvement due to complaints from her constituents. Commissioner Wright added that the enforcement component will overlap significantly with AR zone concerns and suggested the Committee explore whether amplified noise should require permitting. Schedule/Agenda Changes The next LRC meeting is scheduled for September 4, 2025 at 1:00 p.m. Commissioner Culpepper made a motion to adjourn the meeting. Commissioner Thornton seconded the motion. The motion passed unanimously. The meeting adjourned at 2:29 p.m. Legislative Review Committee Meeting Minutes Page 3 080725