2018-065 Noise ComplaintsDate: May 25, 2018 Report No. 2018-065
INFORMAL STAFF REPORT
TO MAYOR AND CITY COUNCIL
SUBJECT:
Provide information on noise complaints and buffer requirements in the Denton Development
Code.
EXECUTIVE SUMMARY:
As a concluding item at the April 24, 2018 City Council meeting, Council Member Briggs
requested information on noise complaints received for bars and restaurants, and whether there
would be changes related this issue in the Denton Development Code (DDC) update. The purpose
of this informal staff report is to provide that information and discuss the process for responding
to those complaints by the Police Department.
The City received 42 noise complaints from October 1, 2017 to April 30, 2018 with a majority of
complaints resulting in the issuance of a warning. The DDC currently requires a buffer between
commercial and residential property and the Development Code Review Committee is discussing
options for changing the buffer requirement to add more flexibility in the type of buffer while still
meeting the goal of mitigating potential nuisances. Staff will continue to provide updates through
the DDC process and can provide any further information as requested by Council.
DISCUSSION:
The City of Denton received 1,063 noise complaints from October 1, 2017 to April 30, 2018 and
6.6 percent of complaints were related to commercial properties. Tables 1 and 2 provide detail
the type of business and disposition of the noise complaints received for commercial properties.
The process for officers to determine whether a noise complaint is a violation of the noise
ordinance is to use a decibel meter. If the noise exceeds 65 a-weighted decibels (dba) at 50 feet
from the noise source or the established perimeter of an event for outdoor festivals then it
constitutes a violation. There are some other measurements for bass reverberation but is used less
frequently.
Type Calls Percentage
Restaurant/Bar 42 60%
Carwash/Laundromat 2 3%
Event Venue 8 11%
Retail Store 7 10%
Storage Facility 1 1%
Warehouse 10 14%
Total 70 100%
Table 1. FY17-18 YTD Calls by Commercial Location
Date: May 25, 2018 Report No. 2018-065
Call Disposition Calls Percentage
Call Disregarded by Citizen 2 3%
Offense Report Made 2 3%
Unable to Locate a Noise Disturbance 8 11%
Warning Issued 58 83%
Total 70 100%
Table 2. FY17-18 YTD Commercial Call Disposition
Denton Police Department’s (DPD) normal response is to contact the property owner or tenant.
When there is a violation, the first step is to use warnings to gain compliance. Repeat calls in the
same night, or an on-going issue with frequent calls over a period of time result in increased
enforcement, such as a citation. Arrests are rare, and typically confined to instances where the
owner or resident is uncooperative, or has committed another criminal violation. DPD provides
status updates to the complainant(s) when requested.
There is not a maximum number of complaints allowed per individual and DPD responds to every
complaint that is made. If the noise complaint is determined not to be a violation, the officer often
contacts the business and notifies them of the complaint. The majority of the music venues and
bars want to be notified of complaints, so they are aware and can monitor the volume. State law
regarding disorderly conduct can be used when the decibel levels are not exceeding the limit, but
the circumstances (time of day, location, repeat calls, etc.) warrant some enforcement.
Bars and restaurants are permitted in areas that are appropriately zoned for that type of use and
would continue to be permitted through the DDC update if the use is compatible with the zoning.
There is a requirement for a buffer zone in instances where different development uses are adjacent
to each other.
Currently in the Development Code, there is a buffer requirement between commercial and
residential property to “mitigate or minimize potential nuisances such as noise… and to provide a
transition between uses that may not be compatible with each other.” The minimum buffer
requirement between commercial and residential uses is a 15 foot planted strip that includes a
combination of six evergreen and deciduous trees, and 25 shrubs per 100 linear feet (Figure 1).
Figure 1. Current Buffer Requirement
Date: May 25, 2018 Report No. 2018-065
Revisions to the buffer requirement are being considered by the Development Code Review
Committee that would allow more flexibility in the type of buffer while still meeting the goal of
mitigating potential nuisances.
STAFF CONTACT:
Sarah Kuechler
Director of Public Affairs
Sarah.Kuechler@cityofdenton.com
940-349-8356