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2019-055 Outdoor Music and Noise OrdinanceDate: March 22, 2019 Report No. 2019-055       INFORMAL STAFF REPORT TO MAYOR AND CITY COUNCIL SUBJECT: Outdoor music venues and noise ordinance. EXECUTIVE SUMMARY: As downtown Denton continues to develop, new outdoor music venues and residences are being created, often in close proximity to each other. Since being named a “Texas Music Friendly Community” in 2018, staff has worked with the Texas Governor’s Office of Music to explore best practices of other cities that have dealt with these issues. BACKGROUND: In the past four years, downtown Denton has had several new, primarily outdoor music venues open, and two more are scheduled to open this year. There have been some on-going issues with noise, Staff, under the direction of Sgt. Trent Jones, Police Department, and Julie Glover, Economic Development, has been working with venue owners to find solutions. The Governor’s Office of Music suggested that attorney Rebecca Reynolds, of the Music Venue Alliance of Austin, could serve as a resource. On March 18, Reynolds came to Denton and met with Police Department officers, Economic Development staff, and venue owners from Back Yard on Bell, Harvest House, Steve’s Wine Bar, Rubber Gloves Rehearsal Studio, and the non-profit group, Friends with Benefit. Issues discussed were:  Downtown growth;  New residents who may not understand the noise levels when they sign a lease;  Increase in complaints, including noise complaints at non-music shows (i.e., comedy nights);  Complications of road noise and the train adding to the decibel readings; and  How to reach out to residents to solve issues. Back Yard on Bell and Harvest House have both adjusted their music schedules so that there is no amplified music after 11 p.m. on weeknights, or after midnight on Friday and Saturday nights. Both have reduced the number of musicians on stage at a time and reduced amplification levels. Back Yard on Bell has changed the direction their stage faces; it now points towards the Civic Center and not the neighborhood to the northwest. Some of the issues that on-duty Police have in enforcing the noise ordinance are:  Discovering which venue is responsible for the noise. Buildings tend to “bounce” the sound;  Exactly where to measure the decibels (the ordinance states “50 feet from the property line” but that isn’t always clear);  Monitoring is somewhat subjective, depending on who answers the complaint; and Date: March 22, 2019 Report No. 2019-055        Often road noise and passing trains register more than 65 decibels. CONCLUSION The City of Austin will share its new sound ordinance, which recommends having different decibel levels for different parts of the city, when it has been adopted. Staff will work on a survey to get input from residents, customers, venues and businesses. After the survey, staff will hold a Town Hall style meeting to get residents and venue owners together to work toward a consensus. Music is central to Denton’s culture, identity and economy, and the creation of “third places” (gathering and community building) in our city is vital. Staff will keep City Council apprised of the progress on this issue. STAFF CONTACT: Julie Glover Economic Development Program Administrator (940) 349-7732 Julie.Glover@cityofdenton.com