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<br />~.. <br /> <br />Planning & Zoning Commission <br />June 3, 2003 <br />Meeting Minutes <br /> <br />Mr. Dave Fischer, 7072 Centerville Road, indicated there appears to be rules, but those <br />rules are not being enforced. <br /> <br />Commissioner McLean indicated that the proposed changes would give the City an <br />avenue to begin enforcement. <br /> <br />Ms. Moore-Sykes indicated that one individual has been cited twice. <br /> <br />Mr. Fischer asked whether there is a penalty for this violation. Ms. Moore-Sykes <br />indicated there is a financial penalty and this person was cited twice this year. She then <br />said that the decibel reading would give more teeth to the ordinance. <br /> <br />Mr. Fischer asked if enforcement is by complaint. Ms. Moore-Sykes indicated that <br />enforcement is done by complaint. <br /> <br />Commissioner Klennert Hunt commented that most schools would not have events after <br />10:00 p.m. so she is not sure the exemption for athletic activities is necessary. <br /> <br />There was consent to remove the language about the athletic contests. <br /> <br />Mr. King asked how much the violator is charged for each violation. Ms. Moore-Sykes <br />indicated that the violation is a misdemeanor carrying a penalty of $500 but that is <br />subject to negotiation when it goes to court. <br /> <br />Commissioner Wilharber indicated that a misdemeanor fine can be as much as $1,000. <br /> <br />Mr. King indicated he would prefer limiting the noise to 9:00 p.m. <br /> <br />Commissioner Klennert Hunt would like to see it left at 10;00 p.m. because that gives <br />residents an hour to wrap up from 9:00 p.m. to 10:00 p.m. <br /> <br />Mr. Fischer asked if there is any signage to indicate that this City has a noise ordinance. <br />Chair Hanson indicated there is not. <br /> <br />Motion bv Commissioner DeVine. seconded bv Commissioner Wilharber to close <br />the public hearinl!. All in favor. Motion carried unanimouslv. <br /> <br />Chair Hanson closed the public hearing at 7:50 p.m. <br /> <br />Commissioner Kilian indicated he does not like that the outside noise is allowed to be <br />150 feet from the outside of the property line. <br /> <br />Commissioner DeVine indicated that the ordinance states that any noise that disturbs the <br />peace and quiet of any person nearby is a violation. <br /> <br />Page 7 of 10 <br />