HomeMy WebLinkAboutIR 10201 INFORMAL REPORT TO CITY COUNCIL MEMBERS No. 10201
To the Mayor and Members of the City Council November 13, 2018
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*a SUBJECT: NOISE ORDINANCE COMPLAINTS RESPONSE
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The purpose of this report is to provide information on the Police Department's current
procedures for responding to unreasonable noise complaints.
Section 23-8
Section 23-8 allows officers to enforce unreasonable noise in two ways: 1) A noise is deemed to
be unreasonable if the noise exceeds the decibel levels specified in Section 23-8. 2) Even if a
noise does not exceed the decibel level, or if a decibel meter is not available, an officer can still
determine that the noise is unreasonable based on considerations such as the time of day, the
location, population density, the number of complaints, and the type and duration of the sound.
This judgement is obviously subjective in nature and requires officers to use discretion. To assist
in that decision, officers consider if the noise causes material distress, discomfort or injury to
persons of ordinary sensibilities in the immediate vicinity; or if it is of such character, intensity and
continued duration that it substantially interferes with the comfortable enjoyment of private homes
by persons of ordinary sensibilities.
Officers evaluate each complaint based on the circumstances of the call. For instance, if the
complaint is about an outdoor party, the officer will approach the area of the noise complaint to try
to determine if the sound is coming from the property of the reported offender. The officer will
verify the source of the music and take action. If the officer does hear the music, he/she has the
option of either having the offender turn the music down, which is common practice, or citing the
offender for the loud music. If the offender turns the music down and leaves it at an acceptable
level, the officer will generally not issue a citation. However, if the actor returns the music to an
unreasonable level after the officer leaves the location and a subsequent complaint comes from
the same location, the officer will usually issue a citation.
When an officer receives a complaint of loud noise/music, he/she will usually contact the
complaining party to be a witness on any citations issued. Depending on the time of the violation
however, the officer may not require the complainant to be a witness if the officer observes the
violation and a reasonable person would consider the noise to be too loud.
If there is a complaint of loud music or excessive noise that is coming from an entertainment or
commercial location, officers will generally want to establish how the land is zoned. This will
determine at what decibel level the music or noise is allowed to be set. If it is determined that the
noise level is acceptable for the area, the officer will attempt to explain this to the complainant.
These are the types of locations where the use of a decibel meter will most often be used.
ISSUED BY THE CITY MANAGER FORT WORTH, TEXAS
INFORMAL REPORT TO CITY COUNCIL MEMBERS No. 10201
To the Mayor and Members of the City Council November 13, 2018
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*a SUBJECT: NOISE ORDINANCE COMPLAINTS RESPONSE
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Difficulties can arise with this process when the noise originates from an area that is zoned
differently from where the complaint is coming. For instance, sometimes the loud noise comes
from a commercially zoned area and the complaint comes from a residentially zoned area
because of their close proximity. Per the ordinance, officers take the decibel reading from the
property line of the complainant in the residentially zoned area. The officer will then refer to the
acceptable decibel levels for residentially zoned areas in determining whether or not a violation
has occurred.
The current decibel level for residential next to either commercial or mixed-use is 70 dBA during
the daytime and 60 dBA at night (10pm - 7am). As stated above, the officer should measure the
decibel level at the residential property line to determine if it exceeds the current levels. The noise
ordinance could be amended to prohibit outside music or other loud outside activities at
commercially zoned properties within a buffer zone adjacent to residential zoned property, but the
language would have to be tightly written so that it would not impact mixed use and other zoning
types that promote a mix of uses within dense districts. This amendment would not necessarily
address the noise coming from the buffer areas that carry into the residential area due to the
topography, atmosphere, weather and other factors. Staff does not recommend moving forward
with an amendment that includes a buffer area restriction because of those factors that cannot be
controlled.
If you have any questions or would like additional information regarding the Police Department's
Loud Music Complaint Procedures, please contact Commander Neil Noakes at 817-392-3169, or
682-225-1524.
David Cooke
City Manager
ISSUED BY THE CITY MANAGER FORT WORTH, TEXAS