Bandera residents had the opportunity March 18 at a Town Hall that packed the Silver Sage to raise questions and share their thoughts on proposed changes to the city’s noise ordinance that would allow for slightly louder sounds during the day but designated quiet hours with lower decibel maximums at night.
As the crowd settled in, Bandera Marshal Nancy DeFoster told those in attendance the mayor wanted everyone to come together to determine the best sound ordinance for the town.
“This is not a lynch mob,” she said. “There are no pitchforks and no torches. You raise your voice or you curse and I will escort you out. This is not a gripe session. Put on your productive hat, your positive hat, you’re amongst friends and neighbors.”
Mayor Rebeca Gibson said the city council was asked to review the ordinance after some problematic elements and obsolete elements were identified, including relatively low decibel limits, mixed use zones being undefined, ambiguous definitions and undefined methods and locations of measurement.
Obsolete elements included regulations for airports, railroads, amphitheaters and fireworks.
“One of the first things I’d personally like to see happen is for this portion of our ordinance that affects music in Bandera be moved out of the nuisance section, because to imply that our music is a nuisance and that it’s noise, for me, sets up a negative connotation,” Gibson said.
Gibson outlined the proposed changes that, if approved by council, would raise the existing allowable decibels from 63 to 65 for residential use from 8 a.m. to 9:30 p.m. but would lower the allowable decibels at night to 55 between 9:30 p.m. and 8 a.m.
The current ordinance also states that for nonresidential use the limit is 70 decibels.
Another problematic area of the current ordinance Gibson said was brought to her attention was a section stating, “After 10, any sound exceeding 70 decibels requires a special event permit which would allow them to go up to 85 decibels until midnight. The cost of this permit is $150 and the cost of two notices in our local paper.”
For reference, average office noise measures around 70 decibels or landscaping equipment heard from inside a house measures about 75 decibels. A noisy restaurant or city traffic heard from inside a car can measure 85 decibels.
Gibson acknowledged one of the problems with the current nighttime requirements is residents and business owners that host live music don’t fit within the 10 p.m. timeframe at that decibel level.
The proposed changes that would affect live music and entertainment would increase decibel levels and allow for later entertainment. For comparison, the current ordinance defers to the state, which set the limit at 85 decibels for outdoor open venues between the hours of 5 p.m. and 10 p.m. Fridays, noon and 10 p.m. Saturdays, and noon to 5 p.m. Sundays.
Proposed changes would extend the hours for 85 decibels to 11:30 p.m. on Fridays and Saturdays and also add Thursdays for federally recognized holiday weekends.
The proposed changes also include that 65 decibels be allowed between 11:30 p.m. and midnight, then drop down to 55 decibels after midnight.
“Essentially those are the big changes that are going to impact music, which is primarily what people are here to learn about and discuss tonight,” Gibson said.
Resident James Mc-Groarty said he believes in a sound ordinance but found it flawed.
“Whoever wrote the last sound ordinance at 85 decibels and shutting down the music at 10 o’clock at night are idiots,” he said to applause.
He went on to explain bands usually include in their contracts allowable decibels higher than Bandera’s ordinance and city leaders need to be mindful a good portion of the city’s tax revenue comes from alcohol sales and tourism.
“The importance of the sound ordinance needs to be looked at in a realistic fashion,” he said.
Another resident who said she bought the Cabaret in the 90s said she enjoys hearing the music from her house.
“I grab a cup of tea or a beer or a mixed drink, whatever I’m in the mood for and sit on my front porch and listen to it,” she said.
She questioned why the ordinance is being reviewed now and who sits on the ordinance committee.
“Too much time is wasted on things like this when we should be worrying about our schools, our roads and infrastructure, not sound,” she said.
City Council was expected to revisit the noise ordinance at its Tuesday meeting on March 27.
The Bulletin went to press before this meeting and will have an updated story in next week’s paper. For the latest news, including a full video of the town hall, visit BanderaBulletin. com
