Town council approves short-term noise ordinance committee

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Discussion about noise complaints in town spurred the creation of a short-term noise ordinance committee to further look at the issue following the Nashville Town Council meeting last month.

Brown County resident Kenan Rainwater spoke to the council about the sound of live music at Hard Truth Hills at the Oct. 21 meeting. Rainwater had been hired by a band performing at the restaurant to provide sound engineering.

Rainwater said he used his sound system and decibel meter to measure sound and found that it was 95 to 100 decibels, which is similar to a boombox or running all-terrain vehicle.

Debbie Rogers, a Greasy Creek resident who often hears the live music from Hard Truth Hills, had told Rainwater that it was more tolerable than it had been in the past.

“Me being not a fan of ordinances or huge government, I like to settle things among neighbors and businesses whenever possible,” Rainwater said.

In addition to the conventional sound system, Rainwater said that Hard Truth Hills is still in the process of completing a satellite sound system expansion, which will bring sound from the stage to tables by stringing cables and speakers through the trees.

Rainwater added that the benefit of the band being able to use him as a sound engineer ensured that he could adjust sound levels whenever necessary.

“I would just encourage that whenever possible, (someone) encourage Hard Truth Hills to hire a sound person that can just turn it down or turn it up,” Rainwater said. “I don’t desire to be that person, but I think it’s a good solution for the business and the neighbors.”

Rainwater said in a revised noise ordinance that if a party or venue is serving more than a certain number of people, a sound engineer should be employed. Smaller businesses with patio music might not be required.

Town council member Nancy Crocker then proposed a short-term noise ordinance advisory committee be formed in order to look at the noise ordinance and figure out certain parameters.

“I’d like to get people from across the board (to serve on the committee),” Crocker said.

“Have everybody from every side that we can have on there, to figure out how we can all play nice with each other.”

Council member Tyra Miller said that ordinances like these are not made for individuals or businesses, but communities.

“A noise ordinance is really important to a town,” she said. “It’s a lot to consider so we want as many people (as possible involved).”

Crocker said the issue has “deeply passionate” opinions on both sides.

“We have a rich history of music in the town and we want to honor that,” she said.

The council voted in favor of Crocker’s motion to form a two-month advisory committee. The committee will include Crocker, Miller, Rainwater and other stakeholders who have already expressed interest in helping write a new ordinance.

Background

Nashville has had some rules governing sound since the 1970s, but the county outside Nashville has no noise ordinance.

Town ordinances are enforced by the Nashville Police Department.

{span}Last fall, five residents went before the council to complain about music noise from Hard Truth Hills. Since then, residents have been asked to call local police if they have a noise concern, and Hard Truth Hills has taken steps to better control the concert sounds coming from its patio including installing soundproofing and hiring a public events producer to keep an ear on the sound level.

{span}{span}Different rules apply for business zones and residential zones. In a residential zone, if your neighbor can hear what you’re playing or doing, it’s too loud. In a business zone, if the sound can be heard 25 feet from the property boundary, it’s too loud,

A request to change the town’s current noise ordinance — which went into effect in 2012 — went before the town council in May, initiated by the owners of Hard Truth Hills. At the June town council meeting, Town Attorney James T. Roberts introduced a new version of the ordinance to consider.

A key difference between the proposed new ordinance and the one currently enforced is separating and defining music from other types of noise.

“’Noise’ does not include ‘music’ as defined herein,” the new version states.

“The council further finds that the performance of music for entertainment purposes has become an integral part of the town’s tourism economy and should be encouraged subject to reasonable regulation to protect the comfort of the town’s residents.”

Previously, music that could be heard 25 feet from the property line where it originated was prohibited.

The new ordinance draft still includes prohibitions on playing music that is “clearly audible” 25 feet from a vehicle, and, in a residential district, playing a “sound amplifier, musical instrument” or other item so that the sound can be “heard outside the immediate premises where it is being produced, and is an annoyance to another person or persons.”

However, a new section makes an exception for the “live performance of music for entertainment purposes in a business district.”

The details of how live music can be played legally in Nashville have not been filled in yet, as the council wanted to receive public input on allowable hours and decibel levels indoors and outdoors when measured 10 feet from the stage.

The current town noise ordinance can be read at townofnashville.org/ordinances. Scroll down to 2012 and click on “Ordinance 2012-14 Town of Nashville Noise Ordinance.”

The draft ordinance, “Town of Nashville Ordinance Regulating Sound,” is posted at townofnashville.org/town-council under “2021 ordinances”

The drat of the revised ordinance has not yet been approved by the council.

‘Opportunity to be kids’

Ordinance discussions did not stop with noise last month as the town council also discussed a skateboard ordinance.

A video was sent to the council by local business owner Lance Miller of skateboarders using a sheet of plywood from construction at the Bartley House to create a ramp off the railroad ties on Van Buren Street. The video prompted discussion among the council.

The existing skateboard ordinance was formed in the 1990s, Seastrom said.

He said that at the time there had been a problem with kids destroying the sidewalk at the courthouse on Main Street and they were running in and out of traffic.

With new forms of boards like hoverboards, Seastrom said they’re not in the definition of skateboards in the ordinance.

“So they’re riding everywhere and other kids can’t,” he said. “There needs to be an update.”

Seastrom said that if there are to be limitations it should be to keep skateboarders and other riders off of Van Buren Street, but that side streets would be fine. Riding could also be limited during busy periods of time.

“There’s a lot of ways you can adjust it,” he said.

“I’m in favor of a complete change on it though, to give them the opportunity to be kids and enjoy the town. We’ve still got residents that live here.”

Crocker said that there does not need to be an ordinance necessarily, but that skateboarders “just need to know the police are monitoring the town and if we see somebody doing something dangerous to themselves or others, the police will tell them to stop.”

A skateboard ordinance committee was mentioned, but not formed. The discussion was tabled by the council and will resume in the future.

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