TO:                  Mayor William F. Martin, Jr.

                        And

                        Members of the Lowell City Council

FROM:            Bernard F. Lynch, City Manager

DATE:             March 9, 2007

RE:                   Council Motion of 3/6/07 by Councillor R. Mercier

"Request the City Manager remedy complaints from residents in the rear units of the Mollers Lofts regarding noise from the night club in close proximity."

Please be advised that I have been in contact with Ken Lavallee, Acting Police Superintendent, regarding the above mentioned motion.  Ken stated that it is his understanding that Rumbas has had its license revoked and will no longer be a problem.  However, this issue is sure to come up again.  Nightclub noise can be dealt with in two ways under the noise ordinance.  First, any sound level inside a nightclub above 95 dB(A) sustained for more than 30 seconds as measured with a sound level meter, which I possess, is a violation.  Second, between 10PM and 7AM any amplified music that is plainly audible at a distance of fifty (50) feet from the building, structure or vehicle (yes, it can be used on mv noise) from which the sound emanates shall be prima facie evidence of a violation.

Request has been sent for a new incident type in Larimore for "Disturbance-Noise Complaint" to aid the Police Department in recording, tracking and prosecuting these violations.

Enforcement is recommended by a written warning requiring cessation within ten (10) minutes of the written issuance thereof, second and subsequent offenses are punishable by a fine of one hundred ($100.00) dollars for each offense.  These can be addressed with a Non-Criminal Disposition (21D violation).  I have asked that the 21D process be fast tracked in the Law Department.

Captain Kevin Staveley will start working on a plan to deal with the noise using on-duty patrol resources.  Implementation will begin ASAP as the improving weather makes it more likely doors and windows are left open exacerbating the problem.

I hope you find this information helpful.  If you have any questions regarding this, please let me know.  Thank you.