Bandera residents packed the March 26 City Council meeting with most wanting to be heard as part of the noise ordinance workshop, a non-voting item that was shuffled later on the agenda in an effort to accommodate the large crowd.
Only two residents were in attendance to address other issues. Council members also addressed parking for Monday’s eclipse viewing, and the mayor read a proclamation in honor of the American Red Cross.
Most of the seats were filled with residents wanting to learn more and express concerns about proposed changes to the city’s noise ordinance.
Marshal Nancy DeFoster reminded attendees to remain civil during the discussion over the controversial proposed changes to the sound ordinance.
Council member, Mayor Pro Tem and chair of the noise ordinance committee Tony Battle led the discussion and presented the committee’s findings and recommendations. He also used a speaker to demonstrate measuring decibels and volume and presented some case studies.
Battle said he first wanted to clarify some misinformation that was being shared around town.
He said he does not hate music — live music being the greatest sticking point of the current ordinance and the proposed changes. As a lifelong resident and a drummer himself, he wanted to acknowledge that the area has changed and so have the needs of residents, business owners and visitors.
“Keep Bandera, Bandera,” he said. “I ran on that platform. When I say the venues have changed, the venues have changed. Eleventh Street is not what 11th Street was. We as a community have to find a way to deal with that. Our ordinance needs adaptation to meet the needs of our new venues.”
Battle went on to explain council took up the issue of the noise ordinance seven months ago after the new owners of the 11th Street Cowboy Bar went to the council to say the ordinance didn’t work.
Battle shared that the owners said, “For us to be able to conduct business in the way that we do, it does not work.”
He added council took a look at the ordinance and realized the owners were having to jump through a lot of hoops in order to offer its patrons live music and to continue to operate the way the business needed to.
“With all that being said, compromise is the name of the game,” Battle said.
Battle went on to review the current ordinance and what the committee learned about how it worked. The current ordinance allows for 70 decibels in non-residential areas and 63 decibels in residential areas. However, it was more specific for outdoor venues, allowing for 70 decibels from 5-10 p.m. on Fridays; noon-10 p.m. on Saturdays; and noon-5 p.m. on Sundays.
“So, the majority of our music venues are in violation of this ordinance unless you have a special use permit for the day,” Battle said. “Just about every time you play music, you’re in violation of the ordinance, And so that doesn’t work. You’re consistently in violation. We can’t even enforce it; it’s just compromised in so many ways.”
The committee’s recommendations include defining where a decibel reading would take place a minimum of 50 feet from the venue at the curb and would set a baseline of 65 decibels in all of areas of the city with no differentiation between residential and non-residential.
“It’s hard in our town to do so because of the locations of our music venues,” Battle said.
However, there are recommended exceptions to the baseline ordinance and on weekends the maximum allowable decibels would be 75 until 11:30 p.m. The committee is still debating an addition that would allow for 65 decibels between 11:30- and midnight or 12:30 a.m., Battle said.
The ordinance would also designate quiet hours with lower decibel maximums from 10 p.m. to 8 a.m., Sunday through Thursday but allow for higher decibels later on Sundays that proceed a holiday on a Monday and lower the approval time needed on a special use permit to 45 days from 60, Battle said.
After Battle’s presentation residents had the opportunity to speak.
Resident Steve Ayler asked council to reconsider the changes and presented a petition he said was signed by 158 residents and 580 non-residents.
“I respectfully request that the city council reconsider changes to the city ordinance and state the why behind the changes and why there is a rush to push this ordinance through instead of taking the time to look at it and be transparent with the community.”
James Davis, a resident and business owner, said, “I’m worried this is a slippery slope we’re going down.”
He said he owns several short-term rentals downtown, and that he asks his guests why they come to Bandera and they say for the live music.
Scott Hoffman, a resident of 14 years and the founder of a nonprofit that helps veterans with PTSD, said, “Rule No. 1 that I learned about moving here, this town welcomes everybody. This community opens its arms but the No. 1 rule is don’t move here and want to change anything. Get to know the town and get to know the community and adapt to it.”
Hoffman said over the past few years he’s attended three council meetings with this same agenda item and that the discussion about the noise ordinance has been ongoing.
“Please hammer this out,” he said. “Weight it towards the people sustaining your economy the heaviest.”
