Zombie Noise Ordinance Claims Second Victim

The noise ordinance that rose from the grave to kill live music at Freddie's has claimed another south Austin victim. Sahara Smith was opening for Jimmy LaFave last night at Shady Grove as part of KGSR's Unplugged at the Grove series, when police responding to a noise complaint showed up with a decibel meter to shut it down. The Unplugged at the Grove series had been running for sixteen years.

Shady Grove owner Mike Young told Austin360 they would try again next week, but they have been promised another complaint if they do. Shady Grove is applying for a variance to get re-zoned as a cocktail lounge instead of a restaurant, which would allow them to rock out up to 85 db. The noise limit for restaurants is 70db, which probably gets violated at Shady Grove even when there isn't any music.

It isn't really fair or effective to blame the person that called in the noise complaint - a policy based on Austinites not complaining is doomed to fail. Many Austin360 commenters are blaming Californian condo-dwellers, but that seems unlikely given that most of the nearby condos haven't finished construction. Plus, condo-dwellers had little role in getting this ordinance resurrected. Variances are ok as a short-term fix, but the noise ordinance needs to be changed if Austin wants to keep live music going at restaurants outside downtown.

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By Shawn Shillington in News on June 12, 2009 11:21 AM 0 Comments

Comments [rss]

mdahmus

Getting some blowback today on the ANCTALK list from Mr. Jack, who insists he had no idea anything was going on, despite Morrison (ANC) being the primary force behind the new ordinance; despite him having commented at the meetings that 85db was too loud; despite him having used the "these are night clubs (i.e. 'cocktail lounges')" argument for years and years and years.

I can't fight this fight alone, folks; and just reposting my own stuff doesn't help much either as it's too easy to dismiss as coming from one source - he has all the time in the world, while I have a day job. Anybody who was involved in these meetings or can do their own legwork, please surface and do something to help out.

Grape Ape

The people of Bouldin Creek should just have bubble put around themselves or better yet we should find some way to move the entire neghborhood out of the city and allow people who actually embrace Austin to live there.

trza

I wonder how long it will be until ACL Fest gets shut down. Presumably they have a variance?

Sudo

Care to speculate on the next music tradition to fall victim to the new noise ordinance?

Get your clues by checking out the forum of the Bouldin Creek Neighborhood Association. Look for the discussion of the Reggea Fest on Auditorium Shores, you'll find gems like this:

"this is the noisiest festival so far. unacceptable. i am looking up numbers at parks and rec to call tomorrow to complain... surely they are over the noise limit."

Scooby

Apples and oranges. The reggae fest went late this year and was distinctly audible (as opposed to muddied bass and indistinct noise) well into the neighborhood- at least 10 blocks from Auditorium Shores. If Shady Grove played like that, you'd be able to hear the music from the Alamo Drafthouse parking lot.

Bouldin is full of cranky whiners, to be sure (including NA officers that side with the Shady Grove complainant almost unanimously), but the 2009 reggae fest was excessive in ways that Shady Grove couldn't possibly be.

pianoist

There are more than just two victims here. If you've ever seen a show at one of the Austin Java Co.'s around town, they too have fallen victim to this "noise ordinance". The guy mowing his lawn next door is louder than than 85db!! There are better solutions to this problem than shutting down every outdoor venue that happens to be outside of the confines of downtown. The manner in which the PA speakers are set up is a huge factor. Also, not every band playing at these venues is playing super loud music. Music enjoyed by folks eating brunch at a coffee house is surely not a threat to anyone's peace.

I was part of a collective of musicians that played at Austin Java for four years every sunday--the back patio has been silent now for three months...

I will NOT be silent at this thursday's council meeting, because it's my job on the line. However, if you also love the culture of Austin and think music contributes in a positive way, come show your support!

kenneth1

Yes, I do blame the person who complained. Just because the ordinance exists -- and 70 db is about the noise level of an idling Harley-Davidson -- doesn't mean you have to call the police and bitch every time you hear music wafting through your open windows.

I don't call the city every time my neighbor parks his car over the sidewalk. If people want perfect silence in their neighborhood, they can move to Pflugerville.

mdahmus

Kenneth, the point is that there's always going to be a crank or two willing to complain about anything. Without this awful ordinance, created by Jeff Jack and Laura Morrison and the rest of the ANC; NOT Californian Condo-Dwellers, the cranks would be ignored by the police.

mdahmus

Thanks for the links. Hope those of you who fell for Laura Morrison as the 'progressive', 'real Austinite' are happy with what you got - Jeff Jack's power got magnified tenfold when she got elected.

Whitney84

There is a city council meeting on June 18th, in which this issue is on the agenda. Please, if you are a music lover in Austin, come out and speak against this ordinance!