Fiscal Note

Department:	Contact Person/Phone:	DOF Analyst/Phone:
Office of Policy & Mgmt	Bob Scales 684-8050	Karl Stickel 684-8085

Legislation Title:

AN ORDINANCE adding new sections to SMC Chapter 25.08 defining a Residential Disturbance, making it unlawful to allow real property to be used for a Residential Disturbance, providing penalties therefore, providing for abatement of properties where three or more incidents occur within a twelve-month period and amending Sections 25.08.660 and 25.08.820.

Summary of the Legislation:

Adds verbiage to the SMC by creating a new violation for frequent, repetitive or continuous noise coming from residential property that is audible to a person of normal hearing at a distance of seventy-five (75) feet or more from the property. Establishes initial violation as an infraction with $250 fine. Also, provides notification to the property owner and tenants of the property when a violation occurs and allows the City Attorney to commence abatement proceedings for repeated violations.

Appropriations (in $1,000’s):

Fund Name and Number	Department	Budget Control Level*	2003 Appropriation	2004 Anticipated Appropriation
TOTAL			0	0

* This is line of business for operating budgets, and program or project for capital improvements

Notes: None.

Expenditures (in $1,000’s):

Fund Name and Number	Department	Budget Control Level*	2003 Expenditures	2004 Anticipated Expenditures
TOTAL			0	0

* This is line of business for operating budgets, and program or project for capital improvements

Notes: None.

Anticipated Revenue/Reimbursement (in $1,000’s):

Fund Name and Number	Department	Revenue Source	2003 Revenue	2004 Revenue
TOTAL			TBD	TBD

Notes: Although issuing a fine may provide a greater deterrent to future violations, if SPD were to issue many tickets under this provision it could have a positive fiscal impact on City revenue. These estimates have yet to be determined.

Total Permanent Positions Created Or Abrogated Through Legislation, Including FTE Impact; Estimated FTE Impact for Temporary Positions:

Fund Name and Number	Department	Position Title*	2003 FTE	2004 FTE
TOTAL			0	0

* List each position separately

Do positions sunset in the future? (If yes, identify sunset date):

N/A

Background (Include brief description which states the purpose and context of legislation and include record of previous legislation and funding history, if applicable):

The stated policy of Seattle’s existing noise ordinance, SMC 25.08.010, is as follows:

“It is the policy of the City to minimize the exposure of citizens to the physiological and psychological dangers of excessive noise and to protect, promote and preserve the public health, safety and welfare. It is the express intent of the City Council to control the level of noise in a manner which promotes commerce; the use, value and enjoyment of property; sleep and repose; and the quality of the environment.”

The current noise ordinance in SMC Chapter 25.08 adequately addresses most of the City’s noise complaints. However, there has been a growing noise problem in some residential neighborhoods, such as University Park, where the current ordinance has been less effective and where enforcement has been problematic.

The noise problems come primarily from homes in residential neighborhoods that are rented out to large numbers of individuals, often students. In the evenings and particularly on weekends, these homes have noisy parties which generate a number of complaints from their neighbors.

Under the existing noise ordinance it is unlawful for any person in possession of property to knowingly allow or originate from the property, unreasonable noise which disturbs another, and to refuse or intentionally fail to cease the unreasonable noise when ordered to do so by Police.

The proposed Residential Disturbance ordinance would address the specific problems associated with noise disturbances at residences:

1. The ordinance allows the police to enforce the law without having to contact the complaining witness. If the noise is audible to the officer when standing more than 75 feet away from the property then a violation has occurred. This is the same standard that is used for noise emanating from motor vehicles under the existing ordinance (SMC 25.08.515).
2. The ordinance makes the first offense an infraction punishable by a civil fine of $250. The second offense within a 24 hour period is a misdemeanor offense as it is under the current law.
3. The ordinance permits the City to institute abatement proceedings against properties where there are three or more incidents of Residential Disturbance that occur within any twelve-month period. Many of the residences that have noise problems have tenants who reside there for short periods of time. In order to encourage property owners to play a role in preventing noise problems on their properties an abatement provision was added to the ordinance.

This residential disturbance ordinance will allow the police to more effectively enforce the noise restrictions, provide a meaningful deterrent, enhance accountability for both landlords and tenants and reduce the burden placed on the complaining witnesses.

It should be emphasized that this ordinance only applies to noise disturbances coming from private residential property located in a Single Family or Multifamily zones. Therefore, other commercial or recreational establishments such as night clubs, concert halls and sports facilities would not be affected.

The financial cost of not implementing the legislation (Estimate the costs to the City of not implementing the legislation, including estimated costs to maintain or expand an existing facility or the cost avoidance due to replacement of an existing facility, potential conflicts with regulatory requirements, or other potential costs if the legislation is not implemented):

None

Possible alternatives to the legislation which could achieve the same or similar objectives (Include any potential alternatives to the proposed legislation, including using an existing facility to fulfill the uses envisioned by the proposed project, adding components to or subtracting components from the total proposed project, contracting with an outside organization to provide the services the proposed project would fill, or other alternatives):

N/A

Is the legislation subject to public hearing requirements (If yes, what public hearings have been held to date):

No.

Other Issues (including long-term implications of the legislation):

None at this time.