rochestersoundscapesociety : Messages : 975-1004 of 1004

Friends,

We were unable to reschedule our December meeting, so please plan to come on the
second Thursday in January (Jan. 14) at 6:30, at the Aquinas Institute, 1127
Dewey.  The purpose is to improve our structure so that we can grow, thrive, and
be effective into the future.  It's important, and we heartily welcome your
participation.  I am sorry that I will be out of the country, but John Cubit,
who has been working hard on this front (organization, bylaws, structure, etc.)
will be chairing the meeting.

Thanks!

James

#1003

From: "jamesjkaufmann" <jamesjkaufmann@...>
Date: Tue Dec 15, 2009 11:47 pm
Subject: No December Meeting; Please come on January 14.

jamesjkaufmann

Offline

Friends,

We were unable to reschedule our December meeting, so please
plan to come on the second Thursday in January (Jan. 14) at
6:30, at the Aquinas Institute, 1127 Dewey. The purpose is
to improve our structure so that we can grow, thrive, and be
effective into the future. It's important, and we heartily
welcome your participation. I am sorry that I will be out of
the country, but John Cubit, who has been working hard on
this front (organization, bylaws, structure, etc.) will be chairing the meeting.

Thanks!

James

#1002

From: "jamesjkaufmann" <jamesjkaufmann@...>
Date: Fri Dec 11, 2009 1:39 pm
Subject: Re: Welcome to Thursday's meeting!

jamesjkaufmann

Offline

Katherine and all,

It's good you didn't go; it was cancelled due to the weather.  I thought I sent
an e-mail to the group, but when I looked this morning, there was no sign of the
send being completed.  I sincerely apologize if anyone tried to make it in that
dangerous weather, and found no meeting.  I did make calls to the people on our
phone list.  Please contact me if you are willing to give us your phone number
and/or address.

I was little surprised your neighborhood association went ahead with their
meeting, but I guess most people could just walk to it.  As for noise not being
discussed, I think we all experience a sense of isolation when it seems nobody
cares but us.  We weigh out the context, and bring it up when we can.  Often, we
find we were not as alone as we thought.

I am leaving on the 17th, and will be gone for a month, so we're going to
reschedule for next week.  It seems that Wed. the 16 or Thursday the 17th are
shaping up as the possible dates.  We need as many concerned folks to be
involved as possible, so everyone, please contact me with your date preference.

Thanks.

James

--- In rochestersoundscapesociety@yahoogroups.com, "Katherine" <k.bock@...>
wrote:
>
> Hi James -
>
> Sorry I missed the meeting tonight.  We had our Park Meigs Neighborhood Assn
> meeting tonight and there were three city council reps there.  No talk about
> noise unfortunately.  Just holiday "cheer".  What can I say?  We just keep
> plugging away.  A number of us here have been busy "working" the NY State
> Liquor Authority to try and stop the opening of another bar.  It's been our
> mission for the last couple of weeks.
>
>
>
> Katherine Bock
>
>
>
>   _____
>
> From: rochestersoundscapesociety@yahoogroups.com
> [mailto:rochestersoundscapesociety@yahoogroups.com] On Behalf Of
> jamesjkaufmann
> Sent: Wednesday, December 09, 2009 6:08 PM
> To: rochestersoundscapesociety@yahoogroups.com
> Subject: [rochestersoundscapesociety] Welcome to Thursday's meeting!
>
>
>
>
>
> Concerned friends of the effort for a healthier soundscape (with less
> noise),
>
> Please participate in our meeting Thursday December 10, (tonight) at Aquinas
> Institute, 1127 Dewey Ave. It will be all about setting ourselves up with a
> better organizational structure, so that we can be as strong and effective
> as possible. This is very important. This is your group, and your chance to
> help make it what you think it should be.
>
> Thank you and see you there.
>
> James
>

#1001

From: "Katherine" <k.bock@...>
Date: Fri Dec 11, 2009 3:25 am
Subject: RE: Welcome to Thursday's meeting!

kwillikens

Offline

Hi James –

Sorry I missed the meeting tonight. We had our Park Meigs Neighborhood Assn meeting tonight and there were three city council reps there. No talk about noise unfortunately. Just holiday “cheer”. What can I say? We just keep plugging away. A number of us here have been busy “working” the NY State Liquor Authority to try and stop the opening of another bar. It’s been our mission for the last couple of weeks.

Katherine Bock

From: rochestersoundscapesociety@yahoogroups.com [mailto:rochestersoundscapesociety@yahoogroups.com] On Behalf Of jamesjkaufmann
Sent: Wednesday, December 09, 2009 6:08 PM
To: rochestersoundscapesociety@yahoogroups.com
Subject: [rochestersoundscapesociety] Welcome to Thursday's meeting!

Concerned friends of the effort for a healthier soundscape (with less noise),

Please participate in our meeting Thursday December 10, (tonight) at Aquinas Institute, 1127 Dewey Ave. It will be all about setting ourselves up with a better organizational structure, so that we can be as strong and effective as possible. This is very important. This is your group, and your chance to help make it what you think it should be.

Thank you and see you there.

James

#1000

From: "jamesjkaufmann" <jamesjkaufmann@...>
Date: Wed Dec 9, 2009 11:07 pm
Subject: Welcome to Thursday's meeting!

jamesjkaufmann

Offline

Concerned friends of the effort for a healthier soundscape (with less noise),

Please participate in our meeting Thursday December 10, (tonight) at Aquinas
Institute, 1127 Dewey Ave.  It will be all about setting ourselves up with a
better organizational structure, so that we can be as strong and effective as
possible.  This is very important.  This is your group, and your chance to help
make it what you think it should be.

Thank you and see you there.

James

#999

From: "Mark Sweetland" <msweetla@...>
Date: Thu Nov 12, 2009 4:14 am
Subject: Re: November Meeting Canceled (See you in December!)

keukamark

Offline

Nobody seems to care, but I hate the intrusion of noise and think the only solution is to call 911.

Mark

----- Original Message -----

From: jamesjkaufmann

To: rochestersoundscapesociety@yahoogroups.com

Sent: Wednesday, November 11, 2009 6:59 PM

Subject: [rochestersoundscapesociety] November Meeting Canceled (See you in December!)

Friends,

The November meeting has been canceled, because people need a break after working hard on the recent candidate forums. We are gearing up for an organizational meeting on December 10. If you are concerned, the cause needs your ideas and involvement, so please share your ideas on how to make this group as effective as possible. And please attend!

Call me with your thoughts and questions at 585-467-6273.

#998

From: "jamesjkaufmann" <jamesjkaufmann@...>
Date: Wed Nov 11, 2009 11:59 pm
Subject: November Meeting Canceled (See you in December!)

jamesjkaufmann

Offline

Friends,

The November meeting has been canceled, because people need a break after
working hard on the recent candidate forums. We are gearing up for an
organizational meeting on December 10. If you are concerned, the cause needs
your ideas and involvement, so please share your ideas on how to make this group
as effective as possible. And please attend!

Call me with your thoughts and questions at 585-467-6273.

#997

From: "David Semple" <semple@...>
Date: Mon Nov 9, 2009 2:45 pm
Subject: Nature-themed Fine Art Show--featuring Live Owls!

semple@...

http://www.perinton.org/Events/Detail.aspx?id=226

Perinton Community Center, 1350 Turk Hill Rd, Fairport, 585-223-5050

Nature-themed Fine Art Show

- featuring Live Owls!

Sunday, November 15, 2009
10:00 a.m.-5:00 p.m.

(Live Owls at 2:00-3:00 p.m.)

$5 admission fee will be credited towards any art purchased at the show.

Pre-registration not required but encouraged to reserve a seat for the Live Owls program.

poster attached

1 of 1 Photo(s)

artshow_500px.jpg

#996

From: "Mark Sweetland" <msweetla@...>
Date: Thu Oct 22, 2009 2:04 am
Subject: Re: Re: Letter from a concerned resident

keukamark

Offline

I can't make it due to work, but keep up your good work!

Mark

----- Original Message -----

From: jamesjkaufmann

To: rochestersoundscapesociety@yahoogroups.com

Sent: Wednesday, October 21, 2009 9:53 PM

Subject: [rochestersoundscapesociety] Re: Letter from a concerned resident

Hi, Mark, and all.

The Rochester police conduct noise details, but I believe the the number of citations (608 total, not just cars, in 2008) needs to be increased by an order of magnitude to have an effect. Mark, I know you are with us in this cause, though we all can feel defeated sometimes. I hope you can make it to the candidate forum at Aquinas Institute tomorrow at 6:30.

James

--- In rochestersoundscapesociety@yahoogroups.com, "Mark Sweetland" <msweetla@...> wrote:
>
> The airshow was held at the Charlotte Beach. What do you suggest be done for cars driving with loud sound? Like maybe the police should do something? Hah, not going to happen.
>
> Mark
> ----- Original Message -----
> From: jamesjkaufmann
> To: rochestersoundscapesociety@yahoogroups.com
> Sent: Wednesday, October 21, 2009 4:39 PM
> Subject: [rochestersoundscapesociety] Letter from a concerned resident
>
>
> Hello James,
>
> With regrets, am unable to attend this meeting. Nice ad you have in
> the D & C.
>
> I have two concerns I'd appreciate being brought up. I live in the
> SouthWedge. During the summer there are several public amplified
> music events in the downtown area, several miles away. The programs
> go until 11 pm. The sound is very loud and keeps me up at night.
> This makes it difficult for me to work the next day. I've called the
> City Events Dept. several times about this, as well as 9-1-1, and
> each summer the problem continues. There also may be events at Corn
> Hill and Highland Bowl. I feel amplified music should be discontinued
> at 9 pm. and permits should not be authorized for later times. The
> promoters need to be aware of how the sound carries so far (depending
> on weather).
>
> There seems to be no enforcement of cars driving with extremely loud
> sound systems. Unless you catch a license plate number, nothing seems
> to be done. On my street, during the summer there are numerous
> incidents with cars driving in/out of Manor Parkway to Linden Street
> with blasting sound systems. Perpetrators know they can do this
> without consequence. There should be some creative solution for this.
> I didn't notice the airshow this year. Was it cancelled or on a
> different route?
>
> Thanks for all you do for Rochester SoundScape, and I hope this finds
> you well.
>
> gisella
>

#995

From: "jamesjkaufmann" <jamesjkaufmann@...>
Date: Thu Oct 22, 2009 1:53 am
Subject: Re: Letter from a concerned resident

jamesjkaufmann

Offline

Hi, Mark, and all.

The Rochester police conduct noise details, but I believe the the number of
citations (608 total, not just cars, in 2008) needs to be increased by an order
of magnitude to have an effect.  Mark, I know you are with us in this cause,
though we all can feel defeated sometimes.  I hope you can make it to the
candidate forum at Aquinas Institute tomorrow at 6:30.

James

--- In rochestersoundscapesociety@yahoogroups.com, "Mark Sweetland"
<msweetla@...> wrote:
>
> The airshow was held at the Charlotte Beach.  What do you suggest be done for
cars driving with loud sound?  Like maybe the police should do something?  Hah,
not going to happen.
>
> Mark
>   ----- Original Message -----
>   From: jamesjkaufmann
>   To: rochestersoundscapesociety@yahoogroups.com
>   Sent: Wednesday, October 21, 2009 4:39 PM
>   Subject: [rochestersoundscapesociety] Letter from a concerned resident
>
>
>     Hello James,
>
>   With regrets, am unable to attend this meeting. Nice ad you have in
>   the D & C.
>
>   I have two concerns I'd appreciate being brought up. I live in the
>   SouthWedge. During the summer there are several public amplified
>   music events in the downtown area, several miles away. The programs
>   go until 11 pm. The sound is very loud and keeps me up at night.
>   This makes it difficult for me to work the next day. I've called the
>   City Events Dept. several times about this, as well as 9-1-1, and
>   each summer the problem continues. There also may be events at Corn
>   Hill and Highland Bowl. I feel amplified music should be discontinued
>   at 9 pm. and permits should not be authorized for later times. The
>   promoters need to be aware of how the sound carries so far (depending
>   on weather).
>
>   There seems to be no enforcement of cars driving with extremely loud
>   sound systems. Unless you catch a license plate number, nothing seems
>   to be done. On my street, during the summer there are numerous
>   incidents with cars driving in/out of Manor Parkway to Linden Street
>   with blasting sound systems. Perpetrators know they can do this
>   without consequence. There should be some creative solution for this.
>   I didn't notice the airshow this year. Was it cancelled or on a
>   different route?
>
>   Thanks for all you do for Rochester SoundScape, and I hope this finds
>   you well.
>
>   gisella
>

#994

From: "Mark Sweetland" <msweetla@...>
Date: Thu Oct 22, 2009 12:57 am
Subject: Re: Letter from a concerned resident

keukamark

Offline

The airshow was held at the Charlotte Beach. What do you suggest be done for cars driving with loud sound? Like maybe the police should do something? Hah, not going to happen.

Mark

----- Original Message -----

From: jamesjkaufmann

To: rochestersoundscapesociety@yahoogroups.com

Sent: Wednesday, October 21, 2009 4:39 PM

Subject: [rochestersoundscapesociety] Letter from a concerned resident

Hello James,

With regrets, am unable to attend this meeting. Nice ad you have in
the D & C.

I have two concerns I'd appreciate being brought up. I live in the
SouthWedge. During the summer there are several public amplified
music events in the downtown area, several miles away. The programs
go until 11 pm. The sound is very loud and keeps me up at night.
This makes it difficult for me to work the next day. I've called the
City Events Dept. several times about this, as well as 9-1-1, and
each summer the problem continues. There also may be events at Corn
Hill and Highland Bowl. I feel amplified music should be discontinued
at 9 pm. and permits should not be authorized for later times. The
promoters need to be aware of how the sound carries so far (depending
on weather).

There seems to be no enforcement of cars driving with extremely loud
sound systems. Unless you catch a license plate number, nothing seems
to be done. On my street, during the summer there are numerous
incidents with cars driving in/out of Manor Parkway to Linden Street
with blasting sound systems. Perpetrators know they can do this
without consequence. There should be some creative solution for this.
I didn't notice the airshow this year. Was it cancelled or on a
different route?

Thanks for all you do for Rochester SoundScape, and I hope this finds
you well.

gisella

#993

From: "jamesjkaufmann" <jamesjkaufmann@...>
Date: Wed Oct 21, 2009 8:39 pm
Subject: Letter from a concerned resident

jamesjkaufmann

Offline

Hello James,

With regrets, am unable to attend this meeting.  Nice ad you have in
the D & C.

I have two concerns I'd appreciate being brought up.  I live in the
SouthWedge.  During the summer there are several public amplified
music events in the downtown area, several miles away.  The programs
go until 11 pm.  The sound is very loud and keeps me up at night.
This makes it difficult for me to work the next day.   I've called the
City Events Dept.  several times about this, as well as 9-1-1, and
each summer the problem continues.  There also may be events at Corn
Hill and Highland Bowl.  I feel amplified music should be discontinued
at 9 pm. and permits should not be authorized for later times.   The
promoters need to be aware of how the sound carries so far (depending
on weather).

There seems to be no enforcement of cars driving with extremely loud
sound systems.  Unless you catch a license plate number, nothing seems
to be done.  On my street, during the summer there are numerous
incidents with cars driving in/out of Manor Parkway to Linden Street
with blasting sound systems.  Perpetrators know they can do this
without consequence.  There should be some creative solution for this.
I didn't notice the airshow this year.  Was it cancelled or on a
different route?

Thanks for all you do for Rochester SoundScape, and I hope this finds
you well.

gisella

#992

From: james kaufmann <jamesjkaufmann@...>
Date: Wed Oct 21, 2009 6:46 pm
Subject: Noise - candidate questionnaire 2009, from Sandra Frankel

jamesjkaufmann

Offline

Thank you for the opportunity to respond to your questionnaire about noise issues in our community. I appreciate your interest in my candidacy for re-election as Brighton Town Supervisor. Please don't hesitate to contact me if you have further questions. I welcome the opportunity to work with you.

Sincerely,

Sandra L. Frankel

Supervisor

Town of Brighton

Candidate for Re-election

Questions (not all are applicable to all offices sought)

1. Would you be willing to champion a mass public awareness campaign on noise? Can you describe your vision of such a program?

As a former Speech Language Pathologist, I understand the impact that excessive noise can have on hearing; and as Supervisor of the Town of Brighton, I also understand the impact that excessive noise can have on the peace and harmony of neighborhoods and the quality of life of our residents.

An effective strategy to control noise should have several components:

1. Create a public education program using various communication outlets, including the media, government cable television, municipal newsletters and websites

2. Establish a citizen task force to help identify noise problems and to make recommendations

3. Adopt local laws and ordinances to control excessive noise

4. Support enforcement efforts

5. Work with businesses to modify operations in order to reduce excessive noise at night that negatively impacts nearby residents

6. Ask the MCDOT and NYSDOT to include in their specifications for night road construction projects certain restrictions aimed at reducing intrusive noise, such as prohibiting the use of back up alarms, jack hammers, etc. This is done through action of the council to temporarily amend the noise ordinance by waiving the prohibition against night construction work with specific conditions to limit noise.

The Town of Brighton has a Noise Ordinance that has helped to control excessive and intrusive noise. The Police Department is attentive to excessive noise per the ordinance, responds to residents complaints, and is active in enforcing the law.

2. In 2008 Rochester RPD's officers wrote 608 citations, an average of about one noise citation per officer per year.* Other years have had a similar record. Do you think this is a significant enough number to affect behavior in a city of the size of Rochester, with the amount of illegal noise we experience? If not, what would you do to bring that number up?

This question is not applicable to the Town of Brighton.

3. Which of these legislative ideas would you consider:
a. sound limits on permitted events?
b. an EPA label match law for motorcycles?

c. requiring businesses associated with illegal noise to post notice of noise laws?
d. reducing the distance on our audibility standard for boom cars?

The Town of Brighton’s Noise Ordinance applies to any excessive noise during certain times of day and days of the week, regardless of the source, as well as to specific issues related to business and construction activity. I do not believe that we need to amend our Town Code or adopt new noise laws at this time.

4. How could the county government work within its legal limits to combat noise?

The county can facilitate a coordinated approach to inter-municipal cooperation on noise abatement and control, serve as a resource for information and education on noise issues, and adopt county laws and regulations to the extent possible to promote consistent noise management.

If the county does not already have noise regulations in place, then the county legislature should adopt such regulations for events, business operations, and other circumstances that generate excessive noise. Such regulations should be compatible with existing local laws in the City, towns and villages.

5. What can we do to improve the consistency and coordination between the city and its neighboring towns in abating noise pollution?

Excessive noise can travel beyond municipal boundaries depending upon the type of activity and weather/wind patterns. Municipalities should work together and address negative impacts on nearby neighbors in other jurisdictions to the greatest extent possible. For example, when noise from a concert at the Highland Bowl travels to Brighton neighborhoods at night and disturbs residents’ ability to sleep, the City and Town need to examine how this problem can be mitigated. When excessive noise from an industrial business in the Town of Chili, across the Genesee River from a residential neighborhood in Brighton, affected Brighton residents, the Town of Chili did what it could to control the noise.

When development proposals come before a municipality, noise impacts on that community as well as on adjacent municipalities should be evaluated and mitigated as a condition of approval.

It would be helpful if municipalities adopted local laws and ordinances that were consistent, and if possible, could be enforced across municipal boundaries when the source originated in one municipality but impacted people in an adjacent municipality. Consideration should also be given to the possibility of inter-municipal agreements with regard to noise control.

6. The Rochester Police Department conducts "noise details," stake-out operations to enforce the noise code for moving violations. As a town or county candidate, how would you consider reducing moving noise violations?

Please see the answer to question 1 above.

7. What can be learned from the towing provision, added in 1998, and discontinued this year due to a constitutionality issue?

This question is not applicable to the Town of Brighton.

8. If elected, would you attend, and encourage others to attend presentations by expert researchers on the subject?

Yes.

*The RPD's 2008 annual report shows 754 sworn employees, including 571 officers.

#991

From: "jamesjkaufmann" <jamesjkaufmann@...>
Date: Thu Oct 15, 2009 3:11 pm
Subject: Please spread the word on our upcoming candidate forum.

jamesjkaufmann

Offline

Friends,

We will have a special meeting this month, Thursday, Oct. 22--a CANDIDATE FORUM
for town, county, and city candidates to hear and communicate with them before
the general election.

It will be at our regular time and place:
6:30 p.m.
at Aquinas Institute
1127 Dewey Ave.

Learn More:
585-467-6273

Be sure to vote in the general election, Tuesday, Nov. 3!

#990

From: "jamesjkaufmann" <jamesjkaufmann@...>
Date: Thu Oct 8, 2009 1:03 pm
Subject: Meeting Tonight (Oct. 8) prepares for candidate forum Oct. 22

jamesjkaufmann

Offline

Friends,

Our regular meeting tonight (Oct. 8) will be in preparation for the candidate
forum on Oct. 22.  This is an important window of time before the general
elections November 3.  We need all the help we can get to make this a success. 
It's part of the process of making sure we have representatives that might
listen and ultimately act upon our important concerns.

See you at Aquinas Institute
1127 Dewey Ave.
6:30 p.m.
Thursday, Oct. 8 (today)

Thanks,

James

#989

From: Harry Davis for City Council <sender_4151_108_566@...>
Date: Tue Sep 15, 2009 8:16 pm
Subject: Harry Davis says "not too late to vote"; Plus States size up High Speed Rail

sender_4151_108_566@...

Dear Friends,

It's not too late to get to the polls to vote!

Polls close tonight at 9PM

Think you don't matter? Think one vote couldn't possibly make a difference? Here's a story about how every vote counts, from right here in Rochester, just four years ago.

Today's election for City Council is what's called an "at large" race. Here's what that means, in a nutshell. There are five open seats, each representing the entire city. There are 14 candidates running. The top five vote-getters get the seats. So, numbers one through five win. Number six does not.

Four years ago, the last time there was an "at large" race, the difference in vote counts between the candidate who came in number 5, and the one who came in number 6, was just seven votes. That's right. Here in Rochester, the difference between winning and losing an important City Council race, for a seat representing over 200,000 citizens, was just seven votes.

Make no mistake about it. Every vote counts. Your presence in the voting booth TODAY, Tuesday could make the difference in who represents you and what the city's future will look like.

Of course, I hope you'll vote for me. If you still want more information about me, please visit my website, www.Harry2009.com.

But even more, I hope you'll simply show up, and vote. It's a precious right, and a privilege. And it matters.

Today is Tuesday, September 15th. Polls are open from noon until 9pm. For information about your polling place, contact the Board of Elections at (585) 753-1550 or the Board of Elections http://www.monroecounty.gov/elections-index.php

Also, join me at the Board of Elections tonight, after 9PM when the results come in.

Thank you.

Harry Davis
www.Harry2009.com

This message sent to rochestersoundscapesociety@yahoogroups.com by vote4harry@....

Harry Davis for City Council - 500 south avenue #14e - rochester, ny 14620
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#988

From: "jamesjkaufmann" <jamesjkaufmann@...>
Date: Tue Sep 15, 2009 8:30 pm
Subject: Meeting with City Council Candidate Norman Roberts

jamesjkaufmann

Offline

Hema and I had an informal meeting with Rochester City Council candidate Norman
Roberts last night.  He hit on some of the answers to our questions below:

1.  Would you be willing to champion a mass public awareness campaign on noise? 
Can you describe your vision of such a program?

Yes. He mentioned TV, radio and other media, education in schools.  He also
emphasized involvement in grassroots efforts and neighborhood groups.

2.  In 2007 Rochester RPD's 741 officers wrote 873 citations, an average of one
noise citation per officer per year.  Other years have had a similar record.  Do
you think this is a significant enough number to affect behavior in a city of
the size of Rochester, with the amount of illegal noise we experience?  If not,
what would you do to bring that number up?

He felt strongly that the number was small and insufficient.  He said he would
use his legal help to draft effective and constitutional legislation.  He also
mentioned communication with the Mayor's office, taking things to the highest
level when he gets a "dried-up answer."

He sees noise as part of the problem of degradation of a neighborhood.  He told
a story of walking through a street, witnessing a very loud "verbal assault,"
and being warned there that he shouldn't walk on that street, because, they
said, it wasn't safe for him.


3.  Which of these legislative ideas would you consider:
a. sound limits on permitted events?
b. an EPA label match law for motorcycles?
c. requiring businesses associated with illegal noise to post notice of noise
laws?
d.  reducing the distance on our audibility standard for boom cars?

He said he would take advantage of resources such as citizen groups like ours
for information to research the best legislative answers for the concerns of his
potential constituents.  We didn't get into many legislative specifics due to
lack of time.

He seemed to agree that there should be some sound limits on permitted events. 
He also brought up fireworks late at night.

4.  How could the county government work within its legal limits to combat
noise?

5.  What can we do to improve the consistency and coordination between the city
and its neighboring towns in abating noise pollution?

We didn't get to questions 4 and 5, because they are not so applicable to the
City Council role, and our time was limited.

6.  What can be learned from the towing provision, added in 1998, and
discontinued this year due to a constitutionality issue?

He felt that the number of citations was more important than the towing of cars.
He didn't express an opinion on the constitutionality of the towing provision,
but said he would work with his legal aids to draft effective legislation that
was constitutional.

7.  If elected, would you attend, and encourage others to attend presentations
by expert researchers on the subject?

Yes, he believed it was very important to attend, not just to be there, but to
learn, listen, and take action.  He pointed to his consistent record of
attendance with the groups with which he is involved.

He sees interconnection between noise and other issues.  He didn't downplay
noise as being a low priority.

#987

From: "jamesjkaufmann" <jamesjkaufmann@...>
Date: Tue Sep 15, 2009 1:23 pm
Subject: Re: Tom Brennan's answers to questions that were asked Thursday, 9-10-09

jamesjkaufmann

Offline

Charlie,

We encourage eavesdropping here; that's why we make this group open to the
public.  I will check out your site after the primary elections, which are
today.

Cheers,

James

--- In rochestersoundscapesociety@yahoogroups.com, "Charlie Mydlarz"
<c.mydlarz@...> wrote:
>
> Sorry to eavesdrop on your conversation James, but Im currently working
> on a mass public awareness campaign on soundscapes over here at Salford
> uni, UK.
>
> We are promoting the notion of soundscapes to the public rather than
> noise but the agenda seems to be similair.
>
> If you want to know more our site is at: http://www.soundaroundyou.com
>
> We might be a bit removed from what you want but if you are interested,
> give me a shout.
>
> All the best.
>
> Charlie Mydlarz
> SoundAroundYou Project

#986

From: "Charlie Mydlarz" <c.mydlarz@...>
Date: Tue Sep 15, 2009 9:31 am
Subject: Re: Tom Brennan's answers to questions that were asked Thursday, 9-10-09

cmydlarz

Offline

Sorry to eavesdrop on your conversation James, but Im currently working
on a mass public awareness campaign on soundscapes over here at Salford
uni, UK.

We are promoting the notion of soundscapes to the public rather than
noise but the agenda seems to be similair.

If you want to know more our site is at: http://www.soundaroundyou.com

We might be a bit removed from what you want but if you are interested,
give me a shout.

All the best.

Charlie Mydlarz
SoundAroundYou Project

jamesjkaufmann wrote:
>
>
> Tom Brennan is a candidate for City Council. He was not able to attend
> our forum Thursday. Here are his answers to our questions:
>
> 1. Would you be willing to champion a mass public awareness campaign
> on noise? Can you describe your vision of such a program?
>
> Yes. PSAs, blurbs in constituent newsletter, circulation of noise
> ordinance, which I did when I published a newspaper in Maplewood.
>
> 2. In 2007 Rochester RPD's 741 officers wrote 873 citations, an
> average of one noise citation per officer per year. Other years have
> had a similar record. Do you think this is a significant enough number
> to affect behavior in a city of the size of Rochester, with the amount
> of illegal noise we experience? If not, what would you do to bring
> that number up?
>
> The number seems small to me.
>
> 3. Which of these legislative ideas would you consider:
> a. sound limits on permitted events?
> b. an EPA label match law for motorcycles?
> c. requiring businesses associated with illegal noise to post notice
> of noise laws?
> d. reducing the distance on our audibility standard for boom cars?
>
> Would consider.
>
>
> 4. How could the county government work within its legal limits to
> combat noise?
>
> Would consider countywide ordinance.
>
> 5. What can we do to improve the consistency and coordination between
> the city and its neighboring towns in abating noise pollution?
>
> Would consider countywide ordinance.
>
> 6. What can be learned from the towing provision, added in 1998, and
> discontinued this year due to a constitutionality issue?
>
> Need to learn more.
>
> 7. If elected, would you attend, and encourage others to attend
> presentations by expert researchers on the subject?
>
> Yes. With understanding that proportionate time and attention are
> required for other matter, of course.
>
>

#985

From: "jamesjkaufmann" <jamesjkaufmann@...>
Date: Mon Sep 14, 2009 7:14 pm
Subject: Tom Brennan's answers to questions that were asked Thursday, 9-10-09

jamesjkaufmann

Offline

Tom Brennan is a candidate for City Council.  He was not able to attend our
forum Thursday.  Here are his answers to our questions:



1.  Would you be willing to champion a mass public awareness campaign on noise? 
Can you describe your vision of such a program?

Yes.  PSAs, blurbs in constituent newsletter, circulation of noise ordinance,
which I did when I published a newspaper in Maplewood.



2.  In 2007 Rochester RPD's 741 officers wrote 873 citations, an average of one
noise citation per officer per year.  Other years have had a similar record.  Do
you think this is a significant enough number to affect behavior in a city of
the size of Rochester, with the amount of illegal noise we experience?  If not,
what would you do to bring that number up?

The number seems small to me.


3.  Which of these legislative ideas would you consider:
a. sound limits on permitted events?
b. an EPA label match law for motorcycles?
c. requiring businesses associated with illegal noise to post notice of noise
laws?
d. reducing the distance on our audibility standard for boom cars?

Would consider.


4.  How could the county government work within its legal limits to combat
noise?

Would consider countywide ordinance.


5.  What can we do to improve the consistency and coordination between the city
and its neighboring towns in abating noise pollution?

Would consider countywide ordinance.


6.  What can be learned from the towing provision, added in 1998, and
discontinued this year due to a constitutionality issue?

Need to learn more.


7.  If elected, would you attend, and encourage others to attend presentations
by expert researchers on the subject?

Yes. With understanding that proportionate time and attention are required for
other matter, of course.

#984

From: Woodsgirl6@...
Date: Sun Sep 13, 2009 2:49 am
Subject: Venting to the group of comrades

eriecountysue

Offline

Ben Franklin said that there are three physicians: "Dr. Quiet, Dr. Diet and Dr. Merriment."� Our current society is detrimental to health when unwanted (mostly-technology-related) noise interfere with our quiet, healing time.� But the thing I find most frustrating is when toxic sounds also impede fun.� I went to a conference today and there was a dance in the evening.� I was there with some fun people, and I REALLY wanted to dance.� What is up with DJs?� They are not content to just have the music at a pleasant level ... they feel compelled to jack it up until it is massive waves beating up our bodies.� I asked this guy three times to turn it down. He complied each time, then turned it back up on the next song.� It was frustrating attempting to influence him.� These DJs seem to have an egotistical need to take over the space ... with bass, mostly. So I just left rather than risk taking home a headache and pain in my ears.

I would give anything to go back to the time when speakers were not so powerful and one could go out and have fun. Dancing is good exercise! Maybe the future will bring a return to those more enjoyable music sound levels.

Sue Nunn

"Compassion is the keen awareness of the interdependence of all things." Thomas Merton

#983

From: james kaufmann <jamesjkaufmann@...>
Date: Sat Sep 12, 2009 10:25 pm
Subject: Re: MODERATE -- sssmith@... posted to rochestersoundscapesociety

jamesjkaufmann

Offline

Dear Mr. Smith,

Thanks for your interest. I am posting NY State law, and Rochester's noise code below. I'm not sure if bus or street-cleaner noise can be regulated with the municpal laws as written. I've been looking at these for a while now, thinking about your question, but I need to study it more. As for our aims, we work to reduce noise (unwanted or harmful sound) through education, advocacy, and action. Priorities and actions are set by active group participants, one of whom I hope will be you!

First, NY:

 
 � 386. Motor vehicle sound level limits. 1. As used in this section;
 a. A-weighted sound level shall mean the sound pressure level measured
 by the use of an instrument with the metering characteristics and
 A-weighting frequency response prescribed for sound level meters.
 b. Combination of vehicles shall mean any device consisting of a motor
 vehicle and one or more trailers drawn by such motor vehicle.
 c. Sound pressure level shall mean twenty times the logarithm to the
 base ten of the ratio of the root mean squared pressure of a sound to a
 reference pressure of twenty micropascals. The unit applied to this
 measure shall be the decibel (dB).
 2. This section shall apply to the total sound level emitted from a
 motor vehicle or a combination of vehicles.
 3. Unlawful acts.
 a. It shall be unlawful for any person to operate or cause to be
 operated on a public highway any motor vehicle or combination of
 vehicles with a maximum gross weight in excess of ten thousand pounds,
 at any time, under any condition of grade, load, acceleration or
 deceleration
in such a manner as to exceed the applicable A-weighted
 sound level set forth in table I. The maximum allowable sound levels in
 table I are based on a sound level measured at, or adjusted to, a
 distance of fifty feet from the center of the lane in which the motor
 vehicle is traveling.
 TABLE I
 MAXIMUM ALLOWABLE
 A-WEIGHTED SOUND LEVELS
 Maximum Speed Limit
 35 miles
 per hour over 35
 or less miles per hour
 86dB (A) 90 dB (A)
 b. In addition, it shall be unlawful for any person to operate or
 cause to be operated on a public highway any motor vehicle or
 combination of vehicles with a maximum gross weight in excess of ten
 thousand pounds and equipped with an engine speed governor, which
 generates an A-weighted sound level in excess of eighty-eight dB(A)
 measured at, or adjusted to, a distance of fifty feet from the
 longitudinal centerline of the vehicle, when the engine of such vehicle
 is accelerated from idle with a wide open throttle to governed speed
 with the vehicle stationary, transmission in neutral and clutch engaged.
 c. It shall be unlawful for any person to operate or cause to be
 operated on a public highway any motor vehicle or combination of
 vehicles, except motorcycles, with a maximum
gross weight of ten
 thousand pounds or less, at any time, under any condition of grade,
 load, acceleration or deceleration in such a manner as to exceed the
 applicable A-weighted sound level set forth in table II. The maximum
 allowable sound levels in table II are based on a sound level measured
 at, or adjusted to, a distance of fifty feet from the center of the lane
 in which the motor vehicle is traveling:
 TABLE II
 MAXIMUM ALLOWABLE
 A-WEIGHTED SOUND LEVELS
 Maximum Speed Limit
 35 miles
 per hour over 35
 or less miles per hour
 76 dB(A) 82 dB(A)
 d. It shall be unlawful for any person to operate or cause to be
 operated on a public highway any motorcycle, at any time, under any

 condition of grade, load, acceleration or deceleration in such a manner
 as to exceed the applicable A-weighted sound level set forth in table
 III. The maximum allowable sound levels in table III are based on a
 sound level measured at, or adjusted to, a distance of fifty feet from
 the center of the lane in which the motorcycle is traveling.
 TABLE III
 MAXIMUM ALLOWABLE
 A-WEIGHTED SOUND
LEVELS
 Maximum Speed Limit
 35 miles
 per hour over 35
 or less miles per hour
 82 dB(A) 86 dB(A)
 4. The commissioner of environmental conservation shall promulgate
 regulations establishing the measurement procedures and instrumentation
 to be utilized in the enforcement of this section.
 a. These procedures shall allow, to the extent feasible, motor vehicle
 sound measurements to be accomplished in reasonably confined areas such
 as residential areas of urban cities, and may provide for sound
 measurement at distances
other than fifty feet and in the vicinity of
 sound reflecting surfaces.
 b. The regulations shall take into consideration recognized scientific
 and professional standards for the measurement of vehicular sound
 levels.
 5. The provisions of this section shall not apply to vehicles and
 implements or combinations thereof used solely for farm purposes, nor to
 authorized emergency vehicles.
 6. Nothing in this section shall be construed as limiting or
 precluding the enforcement of equipment requirements or any other
 provisions of law relating to motor vehicle noise.
 7. At intervals of not more than two years, the commissioner of
 environmental conservation shall report to the governor and the
 legislature on the current state of the art of motor vehicle sound level
 limitations and recommend changes as necessary.

� 375. Equipment.

31. Mufflers and exhaust systems. Prevention of noise. Every motor
 vehicle, operated or driven upon the highways of the state, shall at all
 times be equipped with an adequate muffler and exhaust system in
 constant operation and properly maintained to prevent any excessive or
 unusual noise and no such muffler or exhaust system shall be equipped
 with a cut-out, bypass, or similar device. No person shall modify the
 muffler or exhaust system of a motor vehicle in a manner which will
 amplify or increase the noise emitted by the motor or exhaust system of
 such vehicle above that emitted by the muffler or exhaust system
 originally installed on the vehicle and such original muffler and
 exhaust system shall comply with all the requirements of this section.

Now Rochester:

[HISTORY: Adopted by the Rochester City Council 10-23-1973 by Ord. No. 73-564. This ordinance also repealed former Chapter 75, Noise, adopted 11-25-1941, as amended. Amendments noted where applicable.]

GENERAL REFERENCES

Amusements -- See Ch. 29.

Animals -- See Ch. 30.

Dog control -- See Ch. 31.

Dance halls -- See Ch. 46.

Commercial travelers and solicitors -- See Ch. 62.

Parks -- See Ch. 79.

Transient merchants -- See Ch. 109.

Zoning -- See Ch. 120.

� 75-1. Legislative determination.

A.The Council determines that the making and creating of excessive noise within the limits of the City of Rochester is a condition which has existed for some time and the extent and volume of such noise is increasing.

B.The Council further determines that noise on streets, sidewalks, public parks or places is most likely to interfere with the peace and quiet of the inhabitants of the City and to injure human, plant and animal life, property and business.

C.The Council further determines that schools, churches, courts, hospitals, nursing home and homes for the aged are places where special precaution must be taken in order to ensure their proper functioning.

D.The Council further determines that construction activities, sound reproduction devices for miscellaneous purposes, loading and unloading of boxes and containers, and animals and birds are among the most frequent causes of annoying and disturbing noise.

� 75-2. Legislative intent.

A.The City of Rochester hereby intends to prohibit all excessive noise from all sources subject to its police power in order to preserve, protect and promote the public health, safety and welfare and the peace, quiet, comfort and repose of the inhabitants of the City and visitors thereto and to prevent injury to human, plant and animal life, property and business, to foster the convenience and comfort of its inhabitants and facilitate the enjoyment of the natural attractions of the City.

B.(Reserved) EN

C.This chapter shall be liberally construed to provide an effective noise control program.

� 75-3. Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

A SCALE -- The measurement of sound approximating the auditory sensitivity of the human ear as measured with a sound-level meter using the A-weighing network. The unit of measurement is the dB(A).

CONSTRUCTION -- Any or all activity, except tunneling, necessary or incidental to the erection, demolition, assembling, altering, installing or equipment of buildings, public or private highways, roads, premises, parks, utility lines (including such lines in already constructed tunnels) or other property, including land clearing, grading, excavating and filling.

DECIBEL -- The unit of sound measurement, on a logarithmic scale, of the ratio of the magnitude of a particular sound pressure to a standard reference pressure which for the purpose of this chapter shall be 0.0002 microbar.

EMERGENCY -- A public calamity or an exposure of any person or property to imminent danger.

EMERGENCY SIGNAL DEVICE -- Any gong, siren, whistle, air horn or similar device, the use of which on emergency vehicles is permitted by Subdivision 26 of � 375 of the Vehicle and Traffic Law.

EXCESSIVE NOISE -- Any sound which endangers or injures the safety or health of humans or animals or annoys or disturbs a reasonable person of normal sensitivity or endangers or injures personal or real property. [Amended 2-8-1983 by Ord. No. 83-36]

MOTOR VEHICLE -- Every device in, upon or by which any person or property is or may be transported or drawn, which is propelled by any power other than muscular power, except vehicles which run only upon rails or tracks. This definition shall include but not be limited to trucks, buses, automobiles, vans, motorcycles, motor-driven cycles, motor scooters, dune buggies, snowmobiles, all-terrain vehicles, go-carts, minibikes, trail bikes and all other types of motorized recreational vehicles. [Added 2-8-1983 by Ord. No. 83-36]

NOISE -- Any erratic, intermittent, statistically random oscillation or unwanted sound.

PERSON -- Any individual, partnership, company, corporation, association, firm, organization, governmental agency, administration or department or any other group of individuals, or any officer or employee thereof. EN

SOUND REPRODUCTION DEVICE -- A device intended primarily for the production or reproduction of sound, including but not limited to any radio receiver, television receiver, tape recorder, musical instrument, phonograph or sound amplifying system.

� 75-4. Excessive noise prohibited. [Amended 9-6-2005 by Ord. No. 2005-278]

A.No person shall make, continue, cause, or suffer or permit to be made or continued, and the owner and the person in control of a motor vehicle and the person in control of a premises shall not suffer nor permit to be made or continued, any excessive noise. It shall be prima facie evidence of a violation of this section if noise emanating from any source, including, but not limited to, voices or other sounds caused or emitted by humans, is:

(1)Audible beyond the property line of the premises from which it emanates between the hours of 10:00 p.m. and 8:00 a.m.

(2)Audible at a distance of 50 feet beyond the property line of the premises from which it emanates between the hours of 8:00 a.m. and 10:00 p.m.

(3)Audible at a distance of 50 feet from the source if emanating from a public street, public park or other public place.

B.The provisions of this section shall not apply to noise emanating from the following:

(1)Sources or activities regulated by �� 75-7, 75-8, 75-9, 75-10, 75-12, 75-13 and 75-15 of this chapter, and �� 27-9A and 31-5 of the Municipal Code.

(2)Festivals, parades, block parties and other special events where a permit has been obtained from the Office of Special Events for such purpose.

(3)Political or religious activities or the operation or use of any organ, bell, chimes or other similar instrument from on or within any church, synagogue, temple, mosque or other house of worship.

(4)Any permitted athletic competition or recreational event held on athletic fields, stadiums or public places in the City.

(5)Lawn mowers, hedge trimmers, leaf blowers, chain saws, tillers, mulchers, chippers and other devices used for the care and maintenance of lawns, yards and vegetation, between the hours of 8:00 a.m. and sunset.

(6)Air conditioners.

(7)Snowblowers, snowthrowers or snowplows.

(8)Emergency generators.

(9)Manufacturing operations.

C.Any motor vehicle used in connection with the commission of a violation of this section shall be towed in accordance with � 111-75 of the Municipal Code.

� 75-5. Sound reproduction devices for commercial or advertising purposes.

No person shall operate or use or cause to be operated or used any sound reproduction device for commercial or business advertising purposes or for the purpose of attracting attention to any performance, show or sale or display of merchandise in connection with any commercial or business enterprise, including those engaged in the sale of radios, television sets, phonographs, tape recorders, phonograph records or tapes in front or outside of any building, place or premises or in or through any aperture of such building, place or premises abutting on or adjacent to a public street, park or place or in or upon any vehicle operated, standing or being in or on any public street, park or place where the sound therefrom may be heard upon any public street, park or place or from any stand, platform or other structure or from any airplane or other device used for flying, flying over the City or on a boat or on the waters within the jurisdiction of the City or anywhere on the public streets, parks or places; provided, however, that nothing in this section shall prohibit vehicles from which ice cream products and similar products are sold from being equipped with a bell not exceeding three inches in diameter, or a set of up to four such bells, nor prohibit the use thereof by the driver of such vehicle, provided that no such bell or set of bells shall be capable of being heard from a distance greater than 400 feet and provided further that no such bells shall be used for any purpose between the hours of 9:00 p.m. and 9:00 a.m. nor be used as an ordinary warning signal at any time.

� 75-6. Sound reproduction devices on public conveyances.

No person shall operate or use any radio, musical instrument, television, phonograph or other machine or device in or on any bus or public means of conveyance, other than taxicabs, in such manner that the sound emanating from such sound reproduction device is audible to another person.

� 75-7. Use of signaling devices.

No person shall cause the sounding of any horn or signaling device on any automobile, motorcycle, bicycle or other vehicle, except as a danger warning.

� 75-8. Emergency signal devices. [Amended 2-8-1983 by Ord. No. 83-36]

No person shall operate or use or cause to be operated or used any emergency signal device, except:

A.On an emergency vehicle when such vehicle is in the immediate act of responding to an emergency;

B.To give notice as a warning of an emergency; or

C.In order to reasonably test such device.

� 75-9. Motor vehicles. [Amended 2-8-1983 by Ord. No. 83-36]
A.Sound level.

(1)No person shall operate or cause to be operated any motor vehicle in such a manner that the sound level emitted therefrom exceeds 80 dB(A) either:

(a)At a distance of 25 feet or more from the path of the vehicle when operated on a public street or sidewalk or in a public park or other public place; or

(b)At or beyond the property line when operated on private property.

(2)This subsection shall not apply to those motor vehicles being operated upon a public street to which � 386 of the New York State Vehicle and Traffic Law applies.

B.This section shall apply to all motor vehicles, whether or not duly licensed or registered.

C.Any motor vehicle used in connection with the commission of a violation of this section shall be towed in accordance with � 111-75 of the Municipal Code. [Added 7-14-1998 by Ord. No. 98-300]

� 75-10. Construction activities.

A.No person shall engage in or permit any person to be engaged in construction activities which create excessive noise at the property limits of the construction site between the hours of 10:00 p.m. of one day and 7:00 a.m. of the following day on any day of the week, except as is permitted in Subsections B and C hereof.

B.Following the receipt of a written application for a variance from the requirements of Subsection A, the Commissioner of Community Development may, within a reasonable time, grant a variance authorizing such construction activities upon the applicant's demonstration of hardship and/or practical difficulty in meeting said requirements or upon a determination that the public interest will be served by the granting of the requested variance. The Commissioner shall set any stipulations deemed necessary in the interest of the public health, safety and/or welfare at the time of granting such a variance. [Amended 2-10-1981 by Ord. No. 81-45; 6-16-1987 by Ord. No. 87-173]

C.In the case of an emergency, construction activities directly connected with the abatement of such emergency may be undertaken without obtaining a variance, for a period not to exceed 72 hours from the commencement of such activities, during which time application for a variance hereunder shall be made. In such an emergency, construction activities shall not continue after the seventy-two-hour period unless prior to the expiration of that period at least verbal approval is issued by the Commissioner or his authorized subordinates to continue such activities and unless written confirmation of such verbal approval is issued within four hours following the start of the next normal business day of the Department of Community Development. Approval or confirmation shall not be withheld unreasonably. [Amended 2-10-1981 by Ord. No. 81-45]

� 75-11. Noise-sensitive zones. [Amended 2-8-1983 by Ord. No. 83-36]

No person shall create or permit to be created any noise on any street, sidewalk or public place, or on private property adjacent to any school, institution of learning, church or court while the same is in use, or adjacent to any hospital, nursing home or home for the aged, which noise unreasonably interferes with the working of such school, institution of learning, church or court or which disturbs or annoys patients in a hospital, nursing home or home for the aged.

� 75-12. Sound reproduction devices used for miscellaneous purposes. [Amended 2-8-1983 by Ord. No. 83-36]

A.No person shall use or operate or suffer or permit to be used or operated, and the owner and the person in control of a motor vehicle and the person in control of a premises shall not suffer nor permit to be used or operated, any radio, television, stereo, compact disc player, musical instrument or other machine or device for the producing, reproducing or amplification of sound with louder volume than is necessary for convenient hearing for the person or persons who are voluntary listeners thereto. It shall be prima facie evidence of a violation of this section if sound emanating from such machine or device is: [Amended 9-6-2005 by Ord. No. 2005-278]
(1)Audible beyond the property line of the premises upon which it is being used between the hours of 10:00 p.m. and 8:00 a.m.

(2)Audible at a distance of 50 feet beyond the property line of the premises upon which it is being used between the hours of 8:00 a.m. and 10:00 p.m.

(3)Audible at a distance of 50 feet from such machine or device if operated from within a motor vehicle on a public street.

(4)Audible at a distance of 50 feet from such machine or device when operated in a public park or other public place.

B.The provisions of this section shall not apply to the following:

(1)Funeral processions or use of such devices by a church.

(2)The production of music in connection with any parade authorized under any provision of law.

(3)Any musical performance upon a public place where a permit has been obtained from the Office of Special Events for such purpose.

(4)The use of amplifiers or other sound producing instruments or equipment in connection with any religious or political activity or any permitted athletic competition or recreational event held on athletic fields, stadiums or public places in the City.

C.Any motor vehicle used in connection with the commission of a violation of this section shall be towed in accordance with � 111-75 of the Municipal Code. [Added 7-14-1998 by Ord. No. 98-300]

� 75-13. Loading and unloading of boxes and containers.

No person shall make or permit to be made excessive noise in connection with loading or unloading of any vehicle or the opening, unloading or destruction of bales, boxes, crates and containers.
� 75-14. Animals.

No person shall keep or permit the keeping of any animal or bird which makes excessive noise.

� 75-15. Noise abatement compliance with City contractors.

A.Contracts with City.

(1)Contract. As used in this section, the term "contract" means any written agreement, purchase order or instrument whereby the City is committed to expend or does expend funds authorized by the capital or annual budget of the City, in return for work, labor, services, supplies, equipment, materials or any combination of the foregoing; however, the term "contract" shall not include:

(a)Contracts for financial or other assistance made with a government.

(b)Contracts, resolutions, indentures, declarations of trust or other instruments authorizing or relating to the authorization, issuance, award and sale of bonds, certificates of indebtedness, notes or other fiscal obligations of the City, or consisting thereof.

(c)Employment by the City of officers and employees of the City.

(2)Contracting agency. As used in this section, the term "contracting agency" means any board, bureau, department, commission or other agency of the government of the City, or any official thereof, who or which is authorized to and does, on behalf of the City, provide for, enter into, award or administer contracts or any other public agency which enters into, awards or administers contracts pursuant to which funds authorized by the capital budget of the City of Rochester are expended.

B.Contract provisions. No contract shall be awarded or entered into by a contracting agency unless such contract contains provisions requiring that:

(1)Devices and activities which will be operated, conducted, constructed or manufactured pursuant to the contract will be operated, conducted, constructed or manufactured in compliance with all of the laws, rules and regulations in effect on the date of the execution of the contract, of all federal, state and local governmental bodies and agencies.

(2)Such devices and activities incorporate advances in the art of noise control developed for the kind and level of noise emitted or produced by such devices and activities. [Amended 2-8-1983 by Ord. No. 83-36]

� 75-16. Penalties for offenses. [Amended 9-28-1982 by Ord. No. 82-443]

A person violating any provision of this chapter shall be subject to the penalties set forth in � 13A-11 of the Municipal Code.

� 75-17. Provisions to be cumulative.

The provisions of any section of this chapter shall not be deemed to modify or otherwise affect or be in substitution for any provision of any other section of this chapter or other chapter of the Municipal Code of the City of Rochester, but shall be cumulative thereto.

� 75-18. Inconsistent provisions.

If the provisions of this chapter are inconsistent with any other provision in the Municipal Code of the City of Rochester, or with any rule or regulation of any department, bureau or governmental agency of the City of Rochester, the provisions of this chapter shall be controlling.

� 75-19. Severability.

Should any section, paragraph, sentence, clause or phrase in this chapter be declared unconstitutional or invalid for any reason, the remainder of this chapter shall not be affected thereby and shall remain in full force and effect, and to this end the provisions of this chapter are declared to be severable.

� 75-20. Administration and enforcement. [Added 2-8-1983 by Ord. No. 83-36]

A.This chapter shall be administered and enforced by the Chief of Police and the Neighborhood Empowerment Team Administrators. [Amended 9-6-2005 by Ord. No. 2005-278]

B.The Chief of Police shall develop and promulgate measurement standards, testing methods and procedures to provide for the effective implementation and enforcement of this chapter.

� 75-21. Filing of depositions by citizens. [Added 11-19-2002 by Ord. No. 2002-373 EN]

Any person who observes or has knowledge of a violation of this chapter may file a signed deposition, under oath, with a police officer, specifying the objectionable conduct, the date thereof, and the name and address, if known, of the alleged violator. A police officer shall investigate each complaint and, if the complaint is supported by probable cause, issue a notice of violation therefor.

--- On Sat, 9/12/09, Yahoo! Groups Notification <rochestersoundscapesociety-accept-6r2IdmndHFQv8tdwRC10K6E@yahoogroups.com> wrote:

From: Yahoo! Groups Notification <rochestersoundscapesociety-accept-6r2IdmndHFQv8tdwRC10K6E@yahoogroups.com>
Subject: MODERATE -- sssmith@... posted to rochestersoundscapesociety
To: rochestersoundscapesociety-owner@yahoogroups.com
Date: Saturday, September 12, 2009, 4:16 PM

Hello,

A message has been sent to the rochestersoundscapesociety group from

sssmith@...

The message summary:
--------------------
FROM: sssmith@...
DATE: Sat, 12 Sep 2009 15:42:56 -0400
SUBJECT: Tell me more!

I was out of town last week but my wife cut out a notice you
placed in the D&C. I obviously missed the Sept 10 meeting
but would like to know more. We moved to Gibbs St last year
and enjoy the city, and the biggest surprise has been how
noisy city buses and street cleaners are! I am sure they far

exceed city ordinance maximums. I'd like to know more about
what this group is, your aims etc.

Steve Smith
--------------------

#982

From: "jamesjkaufmann" <jamesjkaufmann@...>
Date: Sat Sep 12, 2009 9:06 pm
Subject: Minutes, 9-10-09, Partial, Error Correction

jamesjkaufmann

Offline

To attendees were inadvertently omitted from the original post:

Mordechai Rennert, Candidate for Brighton Town Board

and Robert Otero-Mendez, Campaign Manager for Jackie Mendez.

#981

From: "Steve Smith" <sssmith@...>
Date: Sat Sep 12, 2009 7:42 pm
Subject: Tell me more!

sssmith@...

I was out of town last week but my wife cut out a notice you placed in the D&C. I obviously missed the Sept 10 meeting but would like to know more. We moved to Gibbs St last year and enjoy the city, and the biggest surprise has been how noisy city buses and street cleaners are! I am sure they far exceed city ordinance maximums. I’d like to know more about what this group is, your aims etc.

Steve Smith

#980

From: james kaufmann <jamesjkaufmann@...>
Date: Sat Sep 12, 2009 2:34 pm
Subject: Forum Questions, Thursday 9-10-09

jamesjkaufmann

Offline

Dear Candidates Santiago, Brennan, and Antelli,

We missed you Thursday, and we apologize if it was due to error or oversight on our part. However, we still would like to hear your positions on the questions applicable to your potential roles. Below are the questions that were asked Thursday. We know you are busy, but if you have a few moments, please consider these questions and send your answers to our publicly accessible newsgroup: rochestersoundscapesociety@yahoogroups.com.

Thank you for your consideration of our request.

James J. Kaufmann
Director of Rochester Soundscape Society

1. Would you be willing to champion a mass public awareness campaign on noise? Can you describe your vision of such a program?

2. In 2007 Rochester RPD's 741 officers wrote 873 citations, an average of one noise citation per officer per year. Other years have had a similar record. Do you think this is a significant enough number to affect behavior in a city of the size of Rochester, with the amount of illegal noise we experience? If not, what would you do to bring that number up?

3. Which of these legislative ideas would you consider:
   a. sound limits on permitted events?
   b. an EPA label match law for motorcycles?
   c. requiring businesses associated with illegal noise to post notice of noise laws?
   d. reducing the distance on our audibility standard for boom cars?

4. How could the county government work within its legal limits to combat noise?

5. What can we do to improve the consistency and coordination between the city and its neighboring towns in abating noise pollution?

6. What can be learned from the towing provision, added in 1998, and discontinued this year due to a constitutionality issue?

8. If elected, would you attend, and encourage others to attend presentations by expert researchers on the subject?

#979

From: "jamesjkaufmann" <jamesjkaufmann@...>
Date: Fri Sep 11, 2009 2:18 am
Subject: Minutes, 9-10-09, Partial

jamesjkaufmann

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Rochester Soundscape Society
Meeting Minutes Sept. 10, 2009

The meeting was attended by:

David Boyer
John Cubit
Pete Gangarossa
Joann Fox
Gary Goodwin
Hema Schnaufer
Christopher Huebner
Tom Johnson
James Kaufmann
Armel Mevs
Marguerite Mull
Bob and Shirley Rheinwald
Tom Scalzo
Jack Spula
Sue Szucs
Clyde Williams

and candidates

Harry Davis, City Council
Frank Muscato, County Legislature
Jackie Mendez, County Legislature

Notes were taken by Mary Fay and Hema.  Those note will soon be corroborated and
posted.

#978

From: Woodsgirl6@...
Date: Tue Sep 8, 2009 11:13 pm
Subject: Radio show on noise pollution

eriecountysue

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This is interesting ... though I cringe at the development of electronically-amplified "white noise" being used now in offices to mask other sounds.

Noise Pollution Special http://www.alleghenyfront.org/story.html?storyid=200706192142180.37234

#977

From: "jamesjkaufmann" <jamesjkaufmann@...>
Date: Tue Sep 8, 2009 10:36 pm
Subject: Candidates Forum Thursday

jamesjkaufmann

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Concerned about noise?
This is the time to do something about it.

Rochester Soundscape Society, Inc. has organized a meeting of candidates for:

County Legislature
City Council
& Town Councils.

We will meet September 10th from 6:30 to 8:00 p.m. at the Aquinas Institute at
1127 Dewey Ave.

Learn More:
585-467-6273

#976

From: Marevee@...
Date: Wed Sep 2, 2009 11:57 am
Subject: forum Sept 10

Marevee@...

Dear James,

I thank you for your invitation, however, due to a prior commitment, I am unable to attend the forum September 10, 2009.

I am aware of your organization and its mission. I attended a presentation given at an Environmental Management meeting a couple of years ago and found it to be quite fascinating and informative. Perhaps you might consider contacting Chili Supervisor David Dunning and repeat that presentation before the Town Board. In the past there have been issues regarding noise control in Chili.

Sincerely,

Mary A. Valerio

Monroe County Legislator

District 3

#975

From: "Jackie Ortiz" <jackie.ortiz.qugj@...>
Date: Wed Aug 26, 2009 7:16 pm
Subject: Candidates Forum on noise-pollution

jackie.ortiz.qugj@...

Mr. James Kaufmann,

Thank you for your invitation on 9-10.  Unfortunately I cannot be there.
I have a very last push for fundraisers 3 days in a row 9,10 and 11th
and I must attend these.  I appreciate the offer and I am open to any
suggestions you and your group would like to discuss or think would be
solutions to the noise we experience in this city.  It is an interesting
topic and think that knowing more about it would be extremely helpful.
Thank you again