Mayor & Commission Meetings

LEGISLATIVE REVIEW COMMITTEE Thursday, September 4, 2025 City Hall Conference Room 301B Committee Members Present: Committee Members Absent: Commissioner Carol Myers, Chair Commissioner John Culpepper Commissioner Stephanie Johnson Commissioner Ovita Thornton1 Commissioner Allison Wright Staff: Ilka McConnell, Interim Assistant Manager Doug Hansford, Building Permits & Inspections Austin Jackson, Deputy Chief Attorney Jack Reddick, Building Permits & Inspections Courtney Davis, Senior Attorney Sarah George, Recorder Deputy Chief Harrison Daniel, Police Department Commissioner Myers called the meeting to order at 1:23 p.m. A. Approval of Minutes: Commissioner Johnson made a motion to approve the August 7, 2025 minutes. Commissioner Wright seconded the motion. The motion was approved unanimously. B. Public Input: • James A Olivier – Supports amending noise ordinance to allow enforcement of noise complaints for excessive noise from Fairgrounds 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). Interim Assistant Manager Ilka McConnell reviewed the current charge of the Legislative Review Committee (LRC), which is to review the existing noise ordinance, particularly related to amplified sound in the Agricultural Residential (AR) zone and downtown commercial district. Deputy Chief Harrison Daniel presented data on noise complaints from the past 24 months. This included a breakdown of complaints by address, if known, for noise complaints regarding the Fairgrounds as the primary source, as well as distances from which complaints originated and disposition outcomes. He noted that the average distance of a complaint was just over two miles, with some originating less than one-tenth of a mile from the fairgrounds and others as far as nearly five miles away. Commissioner Myers requested clarification on the meaning of “unfounded”. Deputy Chief Daniel explained that it typically means either no violation was occurring when officers arrived or that the activity did not meet the definition of a violation under the current ordinance. He added that “assignment complete” indicates officers responded and closed the call without issuing a citation or warning, while “NA” was likely a keying error. 1 Arrived at 1:33 p.m.  Deputy Chief Attorney Austin Jackson then outlined existing general penalty for ordinance violations that are not otherwise defined within the ordinance: up to a $1,000 fine, six months in jail, or both. He noted these limits match state law and cannot be exceeded locally. He reminded the Committee that the noise ordinance regulates constitutionally protected speech, and this is significant, because any ordinance changes must satisfy the stricter test under the Georgia Constitution. This test requires that changes serve a significant government interest, be the least restrictive means of achieving that interest, and leave open ample alternative channels for expression. The Committee reviewed draft ordinance language extending noise restrictions to commercial entities operating in AR zones, such as the Fairgrounds. The key issue needed to be defined by the Committee is in establishing appropriate distance limits for amplified sound. Deputy Chief Attorney Jackson advised that overly restrictive distances could be struck down as unconstitutional. He recommended a defensible range between 500 feet and 1,000 feet, but noted that larger distances would strengthen the ordinance’s legal footing. Commissioner Myers inquired as to why the concern regarding overly restrictive distances did not apply to section 8 regarding commercial entities near single-family residential zoning districts. Deputy Chief Attorney Jackson explained that that the current distances in the ordinance (300 feet by day, 100 feet by night) in section 8 have already been deemed to be constitutional by the Supreme Court; however, if those same distances were applied to the AR zone, it could effectively prohibit amplified sound at the fairgrounds altogether without providing an alternative for expression, which would likely be struck down as unconstitutional. The Committee further discussed options for distance thresholds. Commissioner Johnson shared that she had researched ordinances in other communities and compared Athens-Clarke County’s distance restrictions. She noted that Athens-Clarke County is 300 feet for single-family residential, but Newton County has a 75-foot threshold and Walton County a 50-foot threshold. Commissioner Johnson requested clarification on if there are residential properties in the AR zone. Staff confirmed there are residential properties in the AR zone. Commissioner Wright made a motion to update the draft text amendment to include 1 mile distance for item a and 0.5-mile distance for item b and to send the recommendation out of Committee and to the full Mayor and Commission for consideration. Commissioner Thornton seconded the motion. The motion passed by unanimous vote. Commissioner Myers inquired as to whether the draft text amendment would provide more direction with the enforceability. Deputy Chief Harrison Daniel explained it certainly would; however, with the noise ordinance, and most local ordinances, the only thing the officers can do the night of the violation is issue a citation. Even if jail time is a consideration as an ultimate punishment in the future, he explained the officers would not be able to do that pre-trial. Commissioner Myers inquired as to whether or not officers would be able to issue multiple citations in a night. Deputy Chief Harrison Daniel confirmed that they could and continue to issue citations theoretically as long as there is a continued violation. Discussion then shifted to noise in the downtown commercial district. Commissioner Wright requested similar data for the downtown commercial district. Commissioner Myers shared that she would like to better understand what the challenges are that are being experienced. David Lynn, Co-Director of the Athens Downtown Development Authority, presented concerns raised by merchants. He described situations where restaurants and retail establishments with outdoor spaces have been negatively affected by neighboring businesses playing amplified music at high Legislative Review Committee Meeting Minutes Page 2 090425  volumes throughout the day and evening. He noted that some business owners have invested in soundproofing, while others rely on outdoor amplification that disrupts both customers and neighboring establishments. He added that downtown now includes an estimated 7,000 residents, making noise regulation even more important for quality of life. Commissioner Wright also shared that she would like to address amplified noise in the right-of- way to address the volume and decibel level. She also encouraged the Committee to consider the type of commercial establishment and the business model, given there are some restaurants that may have loud music compared to music venues where that is their business model. She expressed interest in learning more about how to decipher between commercial entities business models. Commissioner Myers inquired as to whether or not the technology has advanced with decibel meters that could be explored. David Lynn shared that Sandy Springs has a decibel meter approach; they do have official meters, but they depend on the individual officer to make a good judgment using a cellphone app, though that would not hold up in court. Commissioner Thornton inquired as to whether or not staff could pilot a decibel meter for a month or two to learn more about the viability and if it should be invested in. Deputy Chief Attorney Jackson explained that the Attorney’s Office previously wrote a confidential memo on decibel meters and noted that, generally, the concern is that the decibel meter would have to be able to withstand standards in court. Using the plainly audible standard allows staff to bring cases more efficiently, as the officer can testify to the noise being plainly audible. He further noted that using decibel meters may make it more difficult to prove cases and require expert witnesses to testify. Commissioner Johnson shared that she had frequently visited Santa Monica, where outdoor performers are common but volumes are managed block by block to avoid overlap, and she suggested Athens might learn from that approach. Commissioner Wright recommended requiring special event permits for any amplification of sound or megaphones and distinguishing between venues primarily dedicated to live music and restaurants or bars where music is secondary might be helpful. Senior Attorney Courtney Davis explained that ordinances from Milledgeville and Statesboro are being compiled for comparison. She also cautioned that blanket bans on amplification would have legal implications, and any restrictions must remain content-neutral and allow for alternative expression. The Committee requested that staff compile examples of ordinances from peer communities, such as Milledgeville and Statesboro, explore the feasibility of piloting decibel meters, and provide guidance on distinguishing between commercial entities by their purpose for the next meeting. Commissioner Wright also inquired as to whether or not the Downtown Business District could be treated differently for enforcement. Commissioner Johnson requested that the data previously shared for the downtown area be resent. She also requested that the Committee consider the distance from downtown commercial district. Commissioner Myers also requested that staff reshare the memorandums of guidance from the Attorney’s Office. Schedule/Agenda Changes The next LRC meeting is scheduled for October 2, 2025 at 1:00 p.m. Commissioner Wright made a motion to adjourn the meeting. Commissioner Thornton seconded the motion. The motion passed unanimously. The meeting adjourned at 2:28 p.m. Legislative Review Committee Meeting Minutes Page 3 090425