Tough call
Noise ordinance has merit on both sides
BY PHIL REYNOLDS SOUTH JETTY REPORTER

How do you mediate a matter where both sides are right?

That's the quandary that faces the city council in trying to decide how the city's noise ordinance should read.

On one side is Pelican's Landing, where live bands play frequently in an outdoor setting.

On the other side is Hewitt Krauskopf, who lives across the street from the restaurant-night spot.

The two don't mix well, especially at night.

Michael Ahlstrom, owner of Pelican's Landing, said at the Oct. 19 city council meeting that he's willing to do whatever he can to reduce the music volume for nearby residents. However, he pointed out, the business is in a commercial zone, and patrons come there expecting to hear music.

It's not the first time the council has wrestled with the issue. They sent the question of a noise ordinance to the planning and zoning commisfor sion in July, with instructions to come up with a workable ordinance. On the table on Oct. 19 was the draft of the commission's decision.

An earlier, existing ordinance that tries to govern noise in the city was called unworkable both because different sections are in conflict with each other, and because enforcement of the ordinance leaves too much to an individual police officer's discretion.

The commission's suggestion was to allow music up to 75 decibels loud until 11 p.m., and then to require sound levels to go down to 65 decibels.

According to the American Speech- Language-Hearing Association, 70 decibels represents about the same noise level as busy traffic or a vacuum cleaner. The association says 60 decibels is as loud as a dishwasher or ordinary conversation. Both are classified as "very loud" on the association's Web site.

"I'm telling you, at 65 (decibels) - even 65 - if you can do this to your neighbors all over town, it's going to be chaos," Krauskopf told the council.

"Most people play inside or make some other kind of arrangement, or don't use extraordinarily large amplification. When you start seeing them drag up trailers and start up unloading stuff, to me it's unreasonable. There needs to be some other kind of answer for it," he said.

Resident Jim Urban, who described himself as a live music enthusiast, said, "What we really have today, I think, is an attempt to enforce residential standards in a commercial area. Sixty-five dB is not that much, but

again if somebody's playing at 65 dB

in the back yard with a big thumping bass, it'll go right through a wall.

"Changes in the ordinance would definitely affect what we have to do on Friday night or Saturday night," Urban said.

Ahlstrom said he had studied ways to reduce the sound level of music off his property, and was continuing to study them.

"We've looked at (sound deadening) material, but does that stop sound in one direction ... or just sound in front of the wall? I don't see how I could build a two-story hurricane structured wall to block sound," he said.

"It does create a problem, with the bass going through the buildings and so on, it will rattle. Decibels for us makes it real simple. We did ask that (the ordinance include) that we won't go out and run decibel meters. We don't go out unless there's an actual complaint."

Council member Rick Pratt said he didn't want to take any action on the proposal during the meeting anyway.

"I heard from several owners of live music venues today, prior to the meeting - in fact, I was late getting here because of the last two or three calls," Pratt said.

"All of them said they had not had the time to look at it, discuss it, etc., and all of them were upset with the one provision that it stops at 11 (p.m.) instead of stopping at midnight. They weren't too upset with the decibel levels. The people who come to hear music generally don't show up until 9:30 or 10. If you only have music until 11, they won't show up at all. Secondarily, most of the people who book to play in Port Aransas also book to play in (other nearby cities), and if this (passed) as it's written right now, venues couldn't afford to pay a band for the little time (the band) would be here. ... I want these people to come to a council meeting and give us information before we act."

Before they all appear at a council meeting, they'll go back to the planning and zoning commission to try again for a compromise.

The next planning and zoning commission meeting is scheduled for 3 p.m. on Monday, Nov. 27, in the city council chamber.