If there was one topic that dominated The Benicia City Council’s Tuesday meeting, it was noise, noise, noise! The council voted to amend the Benicia Municipal Code regarding noise regulations and outdoor entertainment.

First, the council discussed changing and clarifying the regulations for amplified music and other noise sources. Community Development Director Shawna Brekke-Read noted that the Benicia Police Department found the current noice ordinance difficult to enforce partly because  the maximum noise levels require responding officers to first determine ambient noise levels, which is the exisiting background noise level typical to an environment. Additionally, Brekke-Read noted that some of the noise levels listed in the ordinance corresponded with zoning districts that were out of date and not helpful to responding officers.

Staff proposed changing regulations for amplified music. Previously, amplified sound permits could be obtained Mondays through Saturdays except on legal holidays from 9 a.m. to 8 p.m. in commercial areas and 9 a.m. to 9 p.m. in non-commercial areas. The proposal aimed to allow amplified sound daily from 9 a.m. to 8 p.m. in all areas and from 8 to 10 p.m. with a use permit.

The proposal also aimed to set the maximum amplified sound levels. In residential neighborhoods, sounds were capped at 75 decibels from 9 a.m. to 8 p.m. with a sound permit and 70 decibels from 8 to 10 p.m. Within one block of First Street, the maximum noise levels were 75 decibels from 9 a.m. to 8 p.m. and 70 decibels from 8 to 10 p.m. On First Street and other commercial areas, the maximum noise levels were set at 80 decibels from 9 a.m. to 10 p.m. and 75 decibels from 8 to 10 p.m.

Throughout the city, maximum allowed sound levels were established in different areas at different times of the day. In residential neighborhoods, the maximum decibel levels were 60 from 7 a.m. to 8 p.m., 55 from 8 to 10 p.m. and 50 from 10 p.m. to 7 a.m. In areas within one block of First Street, the maximum permitted decibel levels were 60 from 7 a.m. to 8 p.m. and 55 from 8 p.m. to 7 a.m. In commercial areas and First Street, maximum levels were 65 decibels from 7 a.m. to 8 p.m. and 60 from 8 p.m. to 7 a.m. In the Industrial Park, the maximum permissible decibel levels were set at 75 at all times throughout the day.

Staff also sought to establish noise standards for the location, design and operation of new “noise sensitive uses,” such as residences, hospitals, churches and schools.

“New development with these noise sensitive uses would need to be constructed and designed and located in a manner so that they do not experience excessive noise levels that are identified in the ordinance,” Brekke-Read said.

Brekke-Read said there would be two means of identifying a violation: if the noise levels are exceeded at first impression of if the levels are considered unreasonable.

Vice Mayor Steve Young motioned to approve the ordinance with the following changes: increase the allowable decibel levels to 80 from 8 to 1 0 p.m. on Friday and Saturday nights, eliminate amplified music after 6 p.m. on Sundays, remove the requirement for registering equipment and add language to talk about large-scale instruction equipment. The council unanimously voted to update the noise ordinance.

In other business, the council voted 3-0— Councilmembers Tom Cambpell and Alan Schwartzman had to recuse themselves due to owning businesses in the downtown area— to amend the Municipal Code and Downtown Mixed Use Master Plan to allow outdoor entertainment in commercial areas with a use permit.

The council will next meet Tuesday, June 19. Video of the latest meeting can be found online at ci.benicia.ca.us under “Agendas and Minutes.”

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