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LTC 201-2009 Noise Report: April - June, 2009 (Quarter 2-09) (4 last pages removed on 8/3/09)MIAMIBEACH _ ~, OFFICE OF THE CITY MANAGtR ~ ' *~ NO.LTC# zot-2oo9 LETTER TO COMMISSIC?N ~' TO Mayor Matti Herrera Bower and Members of the City Commission ; co FROM: J M. Gonza z, City Manager ,`~' t~~._~~U: dV~ DATE: ly 27, 2009 SUBIECT: Noise Report: April -June, 2009 (Quarter 2-09) This Letter to Commission is intended to provide the quarterly report on the implementation of the City's Noise Ordinance, as amended in July, 2008, and as required pursuant to the Administrative Guidelines adopted via resolution on that date. Data for noise reports is collected by calendar year quarters, and includes information as required by the Administrative Guidelines as approved on October 7, 2008. As new types of data have been requested, staff has reviewed noise cases since the adoption of the noise ordinance in March. 2006, to be able to provide comparables, whenever possible and appropriate. This report includes data from April through June, 2009 (Q2-09). The data for Q3-08 and 04-08 was shared and discussed with the "stakeholders" that have been meeting on this issue for more than two years prior to the release of those reports. Whenever possible, their suggestions were incorporated into the final reports, and other recommendations for future reporting were noted. During their meeting todiscuss Q4-08, the "stakeholders" requested that the next report (01-09) and subsequent reports be released without their prior input so that the reports could be released sooner. A meeting with the stakeholders todiscuss 01-09 was held and a meeting todiscuss 02-09, as well as the annual data, will be scheduled. Noise enforcement and reporting continues to evolve and improve based on the input from these meetings. One of these improvements is the inclusion of reporting of why cases were closed with a "non- valid' disposition. A chart conveying this information is now included beginning with this report. In addition. while that chart was being developed and evaluated, staff noticed that a number of cases with a "non-valid" disposition were in a category identified as "call cancelled/void." Technically, "voids' are cases that were created in error; for example, duplicate entering of the same case, while cancelled calls are calls that were actually cancelled when a complainant called back and cancelled the call because the noise they had previously reported was no longer occurring. We have determined that, historically, code officers used these two terms interchangeably, although they represent different dispositions for a case that has been opened in our data system. A cancelled call is not anon-valid disposition, as there was no investigation to determine the validity of the noise complaint (since the call was cancelled and the code officer was not dispatched). Moving forward, and in order to accurately capture the total number of noise complaints, all of these cancelled cases will be reported and care will be taken to use these terms as defined. Anew status type of case disposition (cancelled) has been created and is reflected beginning with this report. In order to be consistent with the manner in which these calls have been handled for previous reports, they continue to be included in the total number of cases opened. (Note: Voids will also he included in future reports, but consistent with the manner in which we have captured data in the past, they will not be added fo the total number of cases for the quarter). All of the reporting data required by the Administrative Guidelines is presented in table form in Attachment A and summarized below. Additional data has also been included to provide further information in some areas. Page T of 6 Noise report -Quarter T, 2009 QUARTER 2/April-June, 2009 This quarter experienced an average number of cases for a second quarter. Quarter two is historically the second lowest quarter of the year for total number of noise complaints opened. The only major event in the city during this quarter was Memorial Day: and that period did not generate a significant increase in noise complaints. Quarter 2 is the only quarter so far for which there are four years of data. However, as previously noted. the data gathering process has evolved as a result of further analysis and better mechanisms to capture and track information. Consistent with data gathered since the first quarter of reporting, cases opened for residential noise complaints continue to represent the majority of noise cases opened. ComplainUviolationa history for Q2-09: For the reporting period of April 1, 2009 to June 30, 2009, the Division opened a total of 688 noise cases. Complaints were received for 678 of those cases: and 10 cases were opened as a result of officers witnessing a violation while on patrol. The following chart demonstrates the currenttrends of cases opened; by quarter. As you will note, Q2-09 is following previous trends, although the numbers representthe greatest decline between a first and second quarter. 1200 1000 800 800 400 200 0 ~- soos -200 mos t mos Valid vs. non-valid As previously noted, valid cases are those cases whereby "noise' meeting the definition of the noise ordinance is occurring at the time of a Code Compliance Officer's (or Police Officers) arrival. Anon-valid case disposition is not intended to demonstrate that noise did not occur, only that noise meeting the standard of the ordinance, and thus a valid violation, was not occurring and could not be witnessed by the Code Compliance Officer (or Police Officer) as would be necessary for a violation to be issued. Of the 688 cases opened this last quarter, a total of 93 cases. or 13.5%, were deemed valid; 546 (79.4%) were closed as "non-valid" and 49 (7.1 %) were closed as cancelled/void. Of the 93 valid cases in the current reporting period, two resulted in a verbal warnings. 66 (70.9%) of the cases resulted in a written warning and 25 were CASES OPENED BY QUARTER Q1 Q2 Q3 Q4 Page 3 of 6 Noise report-Quarter 2, 2009 violations that carried fines, As there has been much interest in rases closed with anon-valid disposition, the following chart demonstrates the trends for cases closed as non-valid during the reporting quarters since the Noise Ordinance was approved in March 2006 (please note that no first quarter data is available for 2006, as the ordinance was not in place for most of the quarter). ^ 2006 ^ 2007 D 20DN ^ 2009 (NOTE: The percentage otnon-valid cases as a percentage Df M1al cases opened is 79'I~; the percentage of non-valid cases as a percentage of cases opened and investlgaled Is t35°ti. However, as the data used in previous reposing periods did not wnsistently handle rancelled rails, the ahhve than reflects the data with non•valitl as a percentage of all cases opened) As requested by the stakeholders, a chart depicting "reasons why non-valid" has been added to the report. These reasons have been used by code officers to explain why the non-valid disposition was concluded. As mentioned earlier, this chart no longer includes cancelled cases, as that has been added as a separate disposition, along with valid and non-valid. REASO NS WHV NON-VALID y g p ai '~ i 3: =z~ @ R ~ Vi y~ Z ODL art 4, J q ~ . e! 1 2 it V PD 3 0 ] - te 3t I .1 13 :1. 1 JB N% 1% [% uv. ,ti. During the stakeholder meetings there was much discussion regarding this chart. All agreed that this information was useful in understanding the non-valid disposition. However, as this information has been entered in "free form" (written in by the code officer), it has on occasion made the categorization of `'reasons PERCENTAGE NON-VALID BY QUARTER Page 4 of 6 Noise report-Quarter 2, 2009 why not valid" harder to determine. For example, there is a category above of"no noise at all." This category has been used to include those notations where the code officer has indicated that there was no noise when they arrived. However, in looking at the notations, it is not completely clear whether there was no noise: or whether there was noise; but not at the level that would constitute a violation. However, other case narratives more specifically noted that the violation was non-valid because the noise did not meet the standard for a noise violation. In order to ensure consistency and more accurately reflect the reasons why cases were closed as non-valid, we have worked with IT to develop drop down menu choices so that Code Officers must select a particular reason why a case was closed as non-valid. The noise report for next quarter will reflect these changes. Time to arrive Beginning last quarter, data on "time to arrive" was compiled to assist in determining whether the time between the receipt of a complaint by dispatch and the arrival of a Code Compliance Officer may affect the percentage of cases closed as non-valid. Of particular interest was whether traffic congestion or multiple calls for various code-related issues may also affect the arrival time at the location of the reported violation, which may determine whether noise that would constitute a violation is still occurring at the officer's time of arrival. During this quarter, the time from when a call was received by dispatch and the time the code officer arrived at the location of the complaint averaged 23:21 for valid case, and 24'44 for cases deemed 'non- valid." Maior Event Periods /Special Events The only major event during this reporting period was Memorial Day weekend and the impact on noise complaints was minimal. For the Memorial Day period only 44 total cases were opened. Residential vs. Commercial cornalaints For purposes of this report, residential complaints are those complaints of noise occurring in a singlefamily home, condo or apartment. Hotel, bar, restaurant, retail, condo/hotel, and club would be considered a commercial complaint. The majority of noise complaints continue to be in residontial areas. The total number of noise cases opened in residential areas this quarter was 438, or 68.5%, of the 639 'valid/non- valid" noise cases opened. Of those residential cases, 380 or 86.8% were deemed "non-valid" The total number of noise cases in commercial areas this quarter was 201. Of those commercial cases, 166 or (82.6°/n) were deemed "non-valid". The highest total number of commercial cases opened was for hotels (45 of 201); 9 of those cases were deemed valid, The second highest number of commercial cases opened was for restaurants (41 of 201); 11 of those cases were deemed valid. TOTAL CASES (Valid /Non-Valid) Residenlia! vs. Commercial OF TOTAL CASES" RESIDENTIAL 438 68.5% COMMERCIAL 201 31.5% TOTAL 639 i 'Total casos of 639 is number of cases investigated: G88 cases were opened durinq the quarter The stakeholders requested that information on the disposition (valid vs. non-valid) of the noise cases for commercial establishments be broken down by "type" (e.g. restaurant, hotel, etc.). That information: "Noise Cases by Type of Establishment" has been added below. As noted. the highest percentage of all commercial cases closed as valid is for hotel-condo (this percentage of valid dispositions is the highest for all establishment types this quarter, including residential). With the exception of clubs and other, the percentage of valid case dispositions for commercial establishments notably exceeds the percentage of valids for the overall number of cases opened, which was13.5% this quarter. Page 5 of 6 Noiae report -Quarter 2, 2009 TOTAL VALID AND NON-VALID COMMERCIAL CASES NUMBER OF CASES Valid Non-Valid RAR 10 20.0% 80.0% CLUB 24 4.2% 95.8'% HOTEL 45 200% o HOTEL-CONDO 12 33.3% 66.7'Yo OTHER 62 9T% 90.3% rtE51AURANT 41 26.8`/, 732% RETAIL 28.8°/n 7 4 ° TOTALS For comparison purposes, the valid/non-valid breakdown for residential cases is also provided below. TOTAL VALID AND NON-VALID RESIDENTIAL CASES NUMBER OF CASES Valid Non Valid AI'I 259 9.7% 90.35% CONDO 118 12 7 % 81.34~L SINGLE FAMILY 1 29.5°i"o 70.5?t, LS Once again, the highest number of cases closed as non-valid are residential cases. This trend has been consistent with almost 70% of all °non-valid" dispositions being residential cases, as reflected below in blue. PERCENTAGE OF NON-VALID CASES BROKEN DOWN 8Y RESIDENTIAL vs. COMMERCIAL iOia~MM-vPim <al to e00 66~ 6N ]6E 6t2 BO] 588 <T9 B1Y 900 546 `p033 `304 \1~\ \603\ \6031 \,j0,il \Q\'(~ ,0p6\ `y66\ ".(fl `e~B\ \9~0\ `~s~\ OM1.1~ ~.T+- ~p.T'- 0~.~ ~~ O.yRW, a,1~3 °y b`~ ~,1~ V3.M1pp0 py.M1°p0 pq.1~ pM1.'l°p0 Page B of B Nolse report - Qearter 2, 2009 Anonvmo~~s vs. Known-complainant(sl The report captures whether or not a complainant was anonymous or identified themselves. However, we have found that even on occasions where the complainant is anonymous when the call is made to the dispatcher, the complainant will speak with the code compliance officer on site. There were 302 anonymous complaints, 87 anonymous complaints with contact made on site and 240 remaining cases with contact information provided. The anonymous complaints represent 47.3% of total cases that resulted in a code officer dispatch (does not include cancelled/voids). This trend is comparable to the 46.8 % of anonymous complaints in the previous quarter. However, anonymous complaints represent almost half, (49.4%) of the °non-valid` cases. Tirne/dale of violation Similarto last quarter, this quarter's data reflects that fewer cases were opened for noise occurring from 7a to 11 p (44.9 % of all valid/non-valid cases). than from 11 p to 7a (54.7%). In addition, 42.6% of all valid/non- valid cases were on Fridays and Saturdays, combined. Total 7a - 11 11 - 7a Not noted RESIDENTIAL 438 196 240 2 COMMERCIAL 201 91 110 0 639 287 350 2 AppCalS Seven appeals were filed for violations issued during this reporting period. The outcome is reflected in Attachment A, along with updates that occurred this quarter on appeals filed previously. RECOMMENDATIONSlISSUES/CONCLUSION: During discussions with the stakeholders there were questions raised regarding the manner in which noise calls are received and dispatched. As you may recall, in early 2008 the Parking Dispatchers began receiving and dispatching code complaints during the after hours and weekends; they currently answer the phones "Parking/Code Dispatch." While there have been occasional issues with individual dispatchers (addressed with additional training), this process has proved effective, especially as the ParkinglCode Dispatchers also enter information into the CAD system, providing a redundancy in the event we need to review a particular call. All calls to ParkinglCode Dispatch are recorded, as well. In addition, because ParkinglCode Dispatch uses the CAD system, it has resulted in greater ease in transferring appropriate calls to Police that maybe incorrectly made to Parking/Code Dispatch. Parking/Code dispatch received 4972 total calls during Q2-09. Parking/Code handles primarily parking calls during the day; code calls during the day are typically routed through 305-604-CITY directly to the Code Compliance Division Office. Of the total number of calls handled by Parking/Code dispatch, 1489 were calls for code, of which 636 were noise complaint cases. As previously mentioned, the reports from Q3-08, Q4-08 and Q1-09 were discussed with the stakeholders. At those meetings, they recommended that no change to the ordinance be considered at that time, as there has not been sufficient time to determine what, if any, impact these amendments have had on noise in the City. They suggested that the data be reviewed over al least four (4) quarters to determine if any trends exist or become apparent. However, there have been suggestions to improve the process and reporting. As previously noted, some of those suggestions have been incorporated into this report, and others have been implemented and will be reported beginning with the next quarterly report. Further improvements for data gathering and management are being discussed with IT. However, the RFP for a replacement data management system for Code (and Building, Planning, Fire, etc.) is nearing completion. It is expected that the new data management application will provide us with better tools to capture and track information. ATTACHMENTS JMGIHMFIgt FINAL D2 05.tloc ATTACHMENT A .. .• Tolal Casea Opened .. Leas Code or PD Initiated -. Complaint Calls Received 888 10 678 ~~. Valid Cases __ 93 Non•valid Cases 546 Canceled 35 Void 14 Total Cases 686 - . . Verbal .. 2 Written Wamin _ _ 6. 8 _ VlolaUon 25 Total Valid Cases 93 a• . .. Number of Cases of All Cases °h of All Non- alid !Non-Valid % of All Valid Cases Valid Cases Residential 438 63.7°k 62.4% 69.6% Commercial 201 29.2% 37.6% 30.4% Totaf 839 Residential =Apt, Condo. Single Family Commercial =Bar, Club, Hotel, Hotel-Condo, Restaurant, Retail, Other Number of Cases (Valid /Non-Valid) % o(All Casea (Valid !Non-Valid) % of Specified Establishment Type Valid % of Specified Establishment T e Non-Valid APTS 259 40.5%~ 9.7°tir 90.3°~ CONDO 118 18.5% 12.7°h 87.3°~L OTHER 62 9.7°k 9.7% 90.3% ;TINGLE FAMILY G1 8.5"k 29.5"k 70.5"/0 HOTCI. 12FSIALJI2ANT 45 41 7.0°~ 6.4°~f~ 20.0% 26.8°,4. 80.0"A 13.2°~ CLUB 24 3.8°~ 4.2% 95.8°~G CONDO-HOTEL 12 1.9°k 33.3°k 66.7°k BAR 10 1.6°k 20.0°k 80.0°k RETAIL 7 1.1°k 28.6% 71.4% Total 639 . Noise Type - .- TOTALS Number of Valid Number of Non- Cases Va_I_I_d Ca_s_e_s__ LOUD MUSIC 59G 86 S1U CONSTRUCTION 3a 4 30 CROWD NOISE 5 3 2 LIVE E N I LFl I AINMENT 3 0 3 ANIMAL 1 0 1 OTHER 0 0 0 _ _ HCfJKING ~,ql?ti1Al AI?I!~15 ~ ~ o Tools F,39 93 5A6 C tem:vnnnls:nJ Rnlliuyrcbmydmintl ceul SellinyaiTempniary lnlemal hlBSIDLN9t5Jyn°pile UL-LUUN HWIN°/-1U-UL.xla 'A1taG°naM A' JUly le. 2009 - . .. .. TOTAL VA LID AND NON-VALID CASES Totals 11 p - 7a (of following rnorning) 7a - 11p Not Noted Frida 106 72 34 0 Saturda 166 97 69 0 Sunda 98 37 61 0 Monday _ 74 36 38 0 Tuesda 68 _--~ - ~-- 37 - 31 0 Wednesda 81 34 _ _ __ _ '17 __ 0 I hursda Totals 66 639 37 350 VALID CASES _ 27 287 2 2 Totals 11 p - Ta (of following morning) 7a -11 p Not Noted Frida 15 11 4 0 Saturda 32 16 16 0 Sunda to 7 7 0 Monday _ _ ___ 8 3 5 0 Tuesda 8 5 3 _ 0 Wednesda 9 4 5 0 Thursda 7 5 2 0 Totals 93 51 42 0 NON-VALID CASES Totals follow ng7moming) 7a -11p Not Notod Frida 81 61 30 0 Saturda 134 81 53 0 Sunda 84 30 54 0 Monda 66 33 33 0 Tuesda 80 32 28 0 Wednesda 52 30 22 0 lhursda 59 32 25 2 Totals 546 299 245 2 __ _ _ Total _ ___ 7a -11 11 - 7a Not noted RESIDENTIAL 438 196 240 2 COMMERCIAL 201 91 110 0 Totals 639 287 360 2 Dally Percentage of All Cases 16.6% 26.0% 15.3'% 11.6'% 10.6'% 8.5% 10.3% Cap~o°um°nu nM Sotlings`emgrh°Ie1L°ral S°MirylslTnmp°rary Inkmnl Pilnc~OLKaltSynupn~s 07 7t%19 Rnab:nd 7 to (W ais 'A°m:hmnul K JWj 1G. 2008 - .. .- -. Number of Valid Number of Non- Total Cases valid Cases Anon moue 302 33 269 Anonymous with Contact made 87 7 80 Contact Info Provided 240 50 190 Not Noted 2 0 2 Internal PD or Code 8 3 5 Totals B39 93 546 Datc T Location A licant Aptil 4, 2009 11th Annual Afro North Bcach North Bcach Roots Music Bandshell Bandshell Park Tres! ~ Festival April 17-18, and 24-25, Rhythm North Beach North Beach 2009 Foundation / Bandshell Bandshell Park Trust Annual Women's Heineken Transatlantic Festivaal C ~omnems and Serenpa7aYgmaW~LOWI astt~npctrsmporary InarnH Frras'/JU(4rW^yno0sia Q2•Y009 Revbetl 7n6-09.xb 'Attachment A" July 15. 'IWB 14 Void 93 Valid 25 Violation 2 Verbal 35 Canceled 546 Invalid 688 Total Cases Entered CI'•DOCnMMU eM SeNngs•emgrhola~Lmml SuUtra~:nTnmµxsry lnlemet rlleflOLK~flSynopfR O&1099 ReNfetl T•!6-0RJ.I05 "Attachment A" JAI/iG 2008 ATTACHMENT A • t, 1~ 1 11' 1. 11• A 11• • •• • ° Leas Code or PD Complaint Calls Total Cases Opened Initiated Received 888 10 678 ~ ..' . • . Valid Cases 83 Nan-valid Cases 546 Canceled 35 Void 14 Total Cases 688 .. Verbal 2 Wntten Warnin 6G Violation 25 Total Valid Cases 93 • °: . % of All Cases % of All Non• Number of Cases % of Al l Velid Cesea Valid /Non-Valid Valid Cases Residential 438 63.7% 62.4% 69.6% Cornrnercial 201 29.2°k 37.6% 30.4% Totat 639 Residential =Apt, Condo, Singte Family Commercial =Oar, Club, Hotel, Hotel-Co ndo, Restaurant, Retail, Other Number of Casea (Valid !Non-Valid) % of All Cases (Valid INon-Valid) % of Specified Establishment Type Valid °k of Specified Establishment T Non-Valid AP15 _ 259 _ 40.5°k 9.7°k 90.3°k CONUO 118 18.5°k 12.7%~ 87.3%: OIHER 82 9.7% 9.7°k 90.3% SINGLE FAMILY 61 9.5% 29.5% 70.5% HOTEL 45 7.0% 20.0% 80.0% RESTAURANT 41 6.4% 26.8% 73.2% CLU© 24 3.8°k 4 2°k 95.8°k CONDO-HOI EL 12 1.9°k 33.3°k 68.7°k BAR 10 1.6°k 20.0% 80.0°k REI AIL 7 1.1°k 28.6°k 71.4% Total 639 Noise Type .- TOTALS Number of Valid Number of Non- Cases Valid Cases LOUD MUSIC _ 596 _ _ 86 510 _ _ CONSTRUCTION 34 4 30 CROWD NOISE 5 3 2 LIVE FN iB2 f AINMENT 3 0 3 ANIMAL 1 0 1 OTHER 0 0 _____ 0 HONKING r_.HF;s+~~_v l: r.1s n o v total 639 93 54G CiAowmnnls°nd5tgtin;7.^.'rmg:Nel:rla:ul SnllinyslTmnpwmy hq°nl°IFil6s::RKg1'~3yNpg16 U'1-1UU8 HBYIq•°/-16-VY.xlq "httaCIllMM A" JJIy '6. 2009 -. . TOTAL VA LID AND NON-VALID CASES Totals 11p - Ta (of following morning) 7a -11p Not Noted Frida 106 77 34 0 Saturda 166 _ 97 69 0 Sunda 98 37 61 0 Monda _ 74 36 38 0 _ Tuesda 88 37 31 __ 0 _ Wednastlay 61 34 27 _ 0 _ Thursda Totals 88 639 37 350 D CASES 27 287 2 2 Totals follow ng morning) 7e -11p Not Noted Frida 15 11 4 0 Saturda 32 16 16 0 Sunda t4 7 7 0 Monda 8 3 5 __ _ 0 Tuesda 8 5 3 0 Wednesda 9 4 ___ 5 0 Thursda 7 5 2 0 TOtd/s 93 51 42 0 N-VALID CASES Totals 11 p - 7a (of following morning) 7a -11p Not Noted Frida 9t 61 30 U Saturda 134 81 53 0 Sunda 84 30 _54 0 Monday 66 33 _ 33 0 Tuesda 60 32 _ 28 0 Wednesda 52 30 22 0 Thursda 59 32 25 2 Totats 548 299 245 2 Total 7a -11 11 - 7a Not noted RESIDENTIAL 438 196 240 2 COMMERCIAL 201 91 110 0 Totals 639 287 350 2 Daily Percentage of All Cases 16 6°/n _ 26.0% 15.3'/° --- 11.6°,~0 10.6% 9.5"/0 10.3 %> CaDxuments erq 5cnings~cm4~halntl w:J Setlingatlemparary lnlemetflleflOLKNISynoptis tl2-2009Rnvinnd~l6-O4infa 'Atldtnmsnl A' JWy 1@2004 - .. Number of Valld Number of Non- Total Cases valid Cases Anon mous 302 33 269 Anonymous with 87 7 80 Contact made ___ Contact Info Provided 240 50 190 _ Not Noted 2 0 2 Internal PD or Code 8 3 5 Totafs 838 93 546 • • . ~. r- . •.. Date T pe Location Applicant Aptil 4, 2009 11th Annual Afro North Beach Norih Beach Roots Music Bandshell Bandshell Park Trust Festival April 17-18, and 24-25. Rhythm North Beach North Beach 2008 foundation! Bandshell Bandshell Park Trust Annual Women's Heineken Transatlantic Festivael C'.OoamnMs and $cltin9.kmlyhnlnV.rx;nl SrtltinUnlTnnpm:uy Ytlnuml Flex{nl K4tt9y:xrpxia 07 7UCB Flevised /-18-Ud xle 'AUatTnlenl A" JUIy 16. 2003 68 Written 14 Void 93 Velid 25 Violation 2 Verbal 35 Canceled 548 Invalid 688 Total Cases Entered CI'~DOCUmenB &'C Senings'wmgMnlatlos~ SeninOa\TnmPnnnY inlenrtrcl FInn10l K41PSynope~a U2-1Cryb HNiaea 74G-C5 xlf 'AnacMlenl h' Ju~y 1ti. 206`9