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City debating sound ordinance change

Downtown residents push for tighter noise restrictions

By By Katherine Pace (Daily Texan Staff)

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Published: Thursday, April 18, 2002

Updated: Tuesday, January 6, 2009

In the 35 years David and Jean Graeber have resided at 410 E. Sixth Street, they have spent $20,000 to soundproof their bedroom and other parts of their house. They own a decibel meter, which they said often measures decibel levels at 90 and 95 on weekend nights, a violation of the city's noise ordinances that restrict noise levels to 80 decibels after 11 p.m. on weekends.

The Graebers, along with other discontented downtown Austin residents, met with the Austin Police Department and representatives of the city Wednesday to discuss proposed amendments to Austin's noise ordinances.

"The music has gotten louder and louder," David Graeber said. "There is an attitude among the club owners [to] let it rip. I feel that it has retarded the development of Sixth Street rather than helped it."

Graeber said other cities, including San Antonio and New Orleans, have maintained a successful music scene while implementing effective noise ordinances.

The amendments would reduce allowable decibel levels at outdoor music venues from 85 to 75 decibels before 10 p.m. Sunday through Thursday and from 80 to 70 decibels before 11 p.m. on Fridays and Saturdays. Permit owners could use sound equipment at outdoor venues after those hours, but could not exceed 70 decibels.

The amendments would also allow APD to measure sound levels from any point on the venue's perimeter, ending previous restrictions that required measurements to be taken at the front door.

APD Commander Harold Piatt said the amendments are reasonable demands for club owners.

"I think it's workable," Piatt said. "It's not an arbitrary number. It's been researched."

Piatt added that the city was willing to make adjustments if needed.

"This is not an attempt to put anyone out of business," Piatt said. "We looked at this very hard and very long to figure out something that will be fair to all involved."

Piatt said the changes will only affect clubs with outdoor stages.

"You can play your music as loud as you want," Piatt said. "You just have to keep it on your property. People have a right to walk out that door and not listen to that music."

Patricia "Ash" Corea, owner of the Empanada Parlour on Sixth Street, was sued by the Sheraton Austin Hotel for noise violations. The case was dropped in March after the two parties agreed to split the cost of a new roof that would reduce the noise of the club's outdoor stage.

Corea said the proposed amendments are unreasonable.

"At the moment, if you were to measure the sound in the Sheraton Hotel, the reading would be 70 decibels, and there's no music being played," Corea said. "[The amendments] would be really disastrous. We wouldn't be able to play any music outside."

Charles Attal, co-owner of Stubbs BBQ on Red River, agreed that the amendments would prevent outdoor music shows.

"The times of the noise ordinance wouldn't be as devastating as the decibel levels that they're trying to impose," Attal said. "A 75 decibel sound level is basically saying that there would not be any outdoor music in Austin at anytime. A 75 decibel [level] is a loud telephone conversation. I think at the 85 decibel it's still low, but it's doable."

Attal said the changes would jeopardize Austin's claim to be the live music capital of the world, as well as prevent charitable music events from raising money.

"Austin's music would shut down," he said. "It would definitely put Stubb's out of business."

James Kowalski, a civil engineering freshmen, goes downtown about once a month to listen to live music.

"[Outdoor music] makes the environment more enjoyable," Kowalski said. "It adds a certain mystique."

Kemi Alexander, an anthropology senior, said he prefers outdoor music venues.

"I think there's a difference between a whole bunch of people together listening to music outdoors and people together indoors," Alexander said. "The attitude is different. There's a whole different vibe. Nothing compares to being outside. I mean if you're listening to Willie at Stubbs, you wanna be outside."

Downtown business owners will meet with city officials and APD April 24 to discuss the proposed amendments.

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