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Bandera City Council members deliberate during the May 14 regular meeting.
Photo by Jessica Nohealapa’ahi
May 15, 2024
Bandera City Council amends Noise Ordinance
By Jessica Nohealapa’ahi
The Bandera Prophet
In a 4-1 vote, Bandera City Council members approved Ordinance 441 amending Article 8.04 Noise of the Code of Ordinances.
The maximum allowed sound level in residential and non-residential areas is 65 decibels. During quiet hours, between 10 p.m. and 8 a.m., in both residential and non-residential areas, sounds are required to measure below 55 decibels.
“Music venues of music amplified within the city create special conditions and therefore should have special regulations…” Those are:
Friday: 5 - 11:30 p.m.: 75 decibels; 11:30 p.m. to 12:30 a.m.: 65 decibels
Saturday: noon to 11:30 p.m.: 75 decibels; 11:30 p.m. to 12:30 a.m.: 65 decibels
Sunday: noon to 5 p.m.: 75 decibels
The ordinance details many day-to-day exceptions, such as emergency vehicles, parades, historical battle reenactments and other citywide approved events, school and playground activities, church bells, yardwork, and construction and mechanical tools, which at whatever decibel reading they measure, may be used between 8 a.m and 8 p.m.
Councilman Tony Battle said for more than a year, the city’s Noise Committee conducted extensive research and held numerous public workshops and meetings.
“We have a meter, we took readings…” Battle, who chaired the ad hoc committee, said Tuesday evening.
Other Noise Committee members were Councilman Jeff Flowers, former Councilman Manny Longoria, and 11th Street Cowboy Bar co-owners Richard Sutton and D. Foster.
In response to pushback that the amended ordinance was unreasonable, and would “kill live music and tourism,” Battle said those claims were an overreach, adding the existing noise ordinance (63 decibels in residential areas and 70 decibels in non-residential areas until 10 p.m. Friday and Saturday and 5 p.m. on Sunday; music exceeding 70 decibels between 10 p.m. and midnight requires a $150 special event permit and two weekly public notices) was more stringent, though seldom enforced.
“If we were enforcing the current ordinance, that would kill the businesses,” Battle said. “This mimics the vast majority of other cities. Gruene requirements are more stringent… and they’re a thriving music town.”
Battle said descendants of founding families have moved away because of the loud music, remarking as a consequence the city now has less permanent residents and an abundance of short-term rentals.
“We have to have a balance. We have to compromise,” Battle said. “It is fair to have quiet hours.”
Mayor Rebecca Gibson said she would like to see live music removed from the nuisance ordinance altogether, and recategorized as business.
“We should not call one of our leading economic drivers a nuisance,” Gibson said, adding she disagreed that the sound in a neighborhood should be the same as in a commercial area, “especially a thriving honky tonk town as we are.”
Gibson said the 65-decibel baseline for both residential and non-residential areas was not sustainable in a successful commercial environment, especially when a bar/music venue, while still engaging in commerce, is required to lower the decibel output to 55 after 12:30 a.m.
“I don’t see how a business can stay open after that hour with that required decibel level,” Gibson said.
“We’re not cutting off music,” Battle said. “After 12:30 (a.m.), just close the door. Is that such a hardship that someone has to open the door to go in and close it behind them?”
Battle said residential versus non-residential zones are not differentiated in the ordinance, “because you go less than one block (from a business), and you have a residence. We aren’t San Antonio.”
Flowers said audible music from behind a building’s closed door was considered loud, and the whole point of the amended ordinance was to try to create harmony.
“We have to speak for everybody. It’s hard to craft something that will cater to everybody’s one specific need,” Flowers said. “This isn’t abnormal or concocted to attack the community.”
Councilwoman Debbie Breen said she believed the ordinance as proposed was acceptable, but expressed issue with requiring a reduced decibel level of 55 at 12:30 a.m., stating bars have a state license with the Texas Alcoholic Beverage Commission to operate until 2 a.m.
“To me, it needs to go down to 55 at 1:30 a.m. on weekends. That is their livelihood,” Breen said. “I see both sides.”
Councilwoman Lynn Palmer, who lives on 13th Street, said at times the music from venues was so loud, it drowned out her radio in her backyard. However, Palmer said since the Noise Ordinance committee was formed and meetings have been held, she no longer hears certain bars “that used to blare their music.”
“Obviously our music venues have been able to turn down the music and still thrive,” Palmer said.
Stating he does not see the change as a huge pivot, Councilman Brett Hicks said “the narrative that we’re trying to kill the music…I just don’t see it that way. Every one of us loves live music, but there’s a balance. I trust the research the committee has done.”
This is not the first time the controversial matter has been considered. Council reviewed the noise ordinance in 2020, ultimately abandoning any changes.
“I have been in the room of a 7-year-old little girl who cannot sleep because the music is too loud, and she has to sleep on the couch,” Battle said. “That little girl, who goes to bed at 8:30, deserves to be able to sleep in her bed after 12:30 a.m.”
The motion to approve the new ordinance carried, with only Breen opposed.
The maximum allowed sound level in residential and non-residential areas is 65 decibels. During quiet hours, between 10 p.m. and 8 a.m., in both residential and non-residential areas, sounds are required to measure below 55 decibels.
“Music venues of music amplified within the city create special conditions and therefore should have special regulations…” Those are:
Friday: 5 - 11:30 p.m.: 75 decibels; 11:30 p.m. to 12:30 a.m.: 65 decibels
Saturday: noon to 11:30 p.m.: 75 decibels; 11:30 p.m. to 12:30 a.m.: 65 decibels
Sunday: noon to 5 p.m.: 75 decibels
The ordinance details many day-to-day exceptions, such as emergency vehicles, parades, historical battle reenactments and other citywide approved events, school and playground activities, church bells, yardwork, and construction and mechanical tools, which at whatever decibel reading they measure, may be used between 8 a.m and 8 p.m.
Councilman Tony Battle said for more than a year, the city’s Noise Committee conducted extensive research and held numerous public workshops and meetings.
“We have a meter, we took readings…” Battle, who chaired the ad hoc committee, said Tuesday evening.
Other Noise Committee members were Councilman Jeff Flowers, former Councilman Manny Longoria, and 11th Street Cowboy Bar co-owners Richard Sutton and D. Foster.
In response to pushback that the amended ordinance was unreasonable, and would “kill live music and tourism,” Battle said those claims were an overreach, adding the existing noise ordinance (63 decibels in residential areas and 70 decibels in non-residential areas until 10 p.m. Friday and Saturday and 5 p.m. on Sunday; music exceeding 70 decibels between 10 p.m. and midnight requires a $150 special event permit and two weekly public notices) was more stringent, though seldom enforced.
“If we were enforcing the current ordinance, that would kill the businesses,” Battle said. “This mimics the vast majority of other cities. Gruene requirements are more stringent… and they’re a thriving music town.”
Battle said descendants of founding families have moved away because of the loud music, remarking as a consequence the city now has less permanent residents and an abundance of short-term rentals.
“We have to have a balance. We have to compromise,” Battle said. “It is fair to have quiet hours.”
Mayor Rebecca Gibson said she would like to see live music removed from the nuisance ordinance altogether, and recategorized as business.
“We should not call one of our leading economic drivers a nuisance,” Gibson said, adding she disagreed that the sound in a neighborhood should be the same as in a commercial area, “especially a thriving honky tonk town as we are.”
Gibson said the 65-decibel baseline for both residential and non-residential areas was not sustainable in a successful commercial environment, especially when a bar/music venue, while still engaging in commerce, is required to lower the decibel output to 55 after 12:30 a.m.
“I don’t see how a business can stay open after that hour with that required decibel level,” Gibson said.
“We’re not cutting off music,” Battle said. “After 12:30 (a.m.), just close the door. Is that such a hardship that someone has to open the door to go in and close it behind them?”
Battle said residential versus non-residential zones are not differentiated in the ordinance, “because you go less than one block (from a business), and you have a residence. We aren’t San Antonio.”
Flowers said audible music from behind a building’s closed door was considered loud, and the whole point of the amended ordinance was to try to create harmony.
“We have to speak for everybody. It’s hard to craft something that will cater to everybody’s one specific need,” Flowers said. “This isn’t abnormal or concocted to attack the community.”
Councilwoman Debbie Breen said she believed the ordinance as proposed was acceptable, but expressed issue with requiring a reduced decibel level of 55 at 12:30 a.m., stating bars have a state license with the Texas Alcoholic Beverage Commission to operate until 2 a.m.
“To me, it needs to go down to 55 at 1:30 a.m. on weekends. That is their livelihood,” Breen said. “I see both sides.”
Councilwoman Lynn Palmer, who lives on 13th Street, said at times the music from venues was so loud, it drowned out her radio in her backyard. However, Palmer said since the Noise Ordinance committee was formed and meetings have been held, she no longer hears certain bars “that used to blare their music.”
“Obviously our music venues have been able to turn down the music and still thrive,” Palmer said.
Stating he does not see the change as a huge pivot, Councilman Brett Hicks said “the narrative that we’re trying to kill the music…I just don’t see it that way. Every one of us loves live music, but there’s a balance. I trust the research the committee has done.”
This is not the first time the controversial matter has been considered. Council reviewed the noise ordinance in 2020, ultimately abandoning any changes.
“I have been in the room of a 7-year-old little girl who cannot sleep because the music is too loud, and she has to sleep on the couch,” Battle said. “That little girl, who goes to bed at 8:30, deserves to be able to sleep in her bed after 12:30 a.m.”
The motion to approve the new ordinance carried, with only Breen opposed.