After numerous complaints from residents, a series of public hearings, and a study of decibel levels, the Kernersville Board of Aldermen last week approved a new noise ordinance which they hope will end the conflict and debate over loud music in outdoor venues. Unfortunately, the new ordinance falls short, not so much for what it does, but for what it doesn’t do. More on that in a moment.
This latest action grew out of complaints registered last year by local residents who live near the Brewer’s Kettle, a popular nightspot that features an outdoor stage. Two of the original complainants, Sheila DeFoor and David Dyson have spoken publicly about how the loud music from Brewer’s Kettle has impacted their quality of life. The Kernersville News reports that DeFoor said, “I can’t even go out in my yard at night, and if I go in my house, it’s an echo chamber.”
The new ordinance sets limits on decibel levels and hours of operation according to the type of district in which the music venue is located. For example, higher decibel levels are allowed when outdoor music is played in an industrial or commercial district than when occurring in a residential/institutional/mixed-use district, the latter of which is at the heart of most complaints. In the mixed-use district, music played at a decibel level of 60 is now allowed from 7 a.m. until 10 p.m., Sundays through Thursdays. But that time limit expands on Fridays and Saturdays when bars can play 60 db music from 11 p.m. until 7 a.m. That means folks like Ms. DeFoor and Mr. Dyson might have to wait until Sunday night to get any sleep. “It’s not right,” said DeFoor. No, it isn’t.
To make matters worse, residents who complain too often about loud music can actually be cited for registering “nuisance” calls to the police. That doesn’t deter Ms. DeFoor, who said, “I guess you’d better prepare a jail cell for me, because I am going to keep calling as long as the bar keeps playing music outside and driving us nuts inside our own home.”
Now to what’s NOT in the new noise ordinance. City Manager Curtis Swisher’s original proposal to the Board included a section that gave a little more consideration to residents. It limited the times that loud music can be played “if a commercial business has an outdoor entertainment area, or has an opening to the outside, and there is a residential property line within 300 feet of the area from which the noise originates…” But three Aldermen (Joe Pinnix, John Barrow, and J.R. Gorham) killed Swisher’s recommendation. Doubling down, Gorham said, “It shouldn’t have any time limits on it if someone is within the decibels.”
As far as I know, Aldermen Gorham, Pinnix, and Barrow don’t live next to a bar, and thus, can’t identify with complainants like DeFoor and Dyson. Clearly, then, Swisher’s consideration of property lines should have been included in the final ordinance. Absent that, the real problem now is one of monitoring and enforcement. Kernersville doesn’t have a special squad of “decibel police,” so it will be up to residents to notify authorities of music that is disturbing the peace. But if people become fearful of being cited for calling the police too often, then how will police be alerted to violations of the ordinance?
The new ordinance is supposed to be reviewed later this year, so hopefully then, the aldermen will do the right thing and ban the playing of outdoor music at any commercial establishment located in a residential/mixed-use district. For now, it’s obvious that the Kernersville Board didn’t choose to listen to those most affected by the noise. Maybe they just couldn’t hear the complaints over all the loud music.
New Noise Ordinance Falls Short
After numerous complaints from residents, a series of public hearings, and a study of decibel levels, the Kernersville Board of Aldermen last week approved a new noise ordinance which they hope will end the conflict and debate over loud music in outdoor venues. Unfortunately, the new ordinance falls short, not so much for what it does, but for what it doesn’t do. More on that in a moment.
This latest action grew out of complaints registered last year by local residents who live near the Brewer’s Kettle, a popular nightspot that features an outdoor stage. Two of the original complainants, Sheila DeFoor and David Dyson have spoken publicly about how the loud music from Brewer’s Kettle has impacted their quality of life. The Kernersville News reports that DeFoor said, “I can’t even go out in my yard at night, and if I go in my house, it’s an echo chamber.”
The new ordinance sets limits on decibel levels and hours of operation according to the type of district in which the music venue is located. For example, higher decibel levels are allowed when outdoor music is played in an industrial or commercial district than when occurring in a residential/institutional/mixed-use district, the latter of which is at the heart of most complaints. In the mixed-use district, music played at a decibel level of 60 is now allowed from 7 a.m. until 10 p.m., Sundays through Thursdays. But that time limit expands on Fridays and Saturdays when bars can play 60 db music from 11 p.m. until 7 a.m. That means folks like Ms. DeFoor and Mr. Dyson might have to wait until Sunday night to get any sleep. “It’s not right,” said DeFoor. No, it isn’t.
To make matters worse, residents who complain too often about loud music can actually be cited for registering “nuisance” calls to the police. That doesn’t deter Ms. DeFoor, who said, “I guess you’d better prepare a jail cell for me, because I am going to keep calling as long as the bar keeps playing music outside and driving us nuts inside our own home.”
Now to what’s NOT in the new noise ordinance. City Manager Curtis Swisher’s original proposal to the Board included a section that gave a little more consideration to residents. It limited the times that loud music can be played “if a commercial business has an outdoor entertainment area, or has an opening to the outside, and there is a residential property line within 300 feet of the area from which the noise originates…” But three Aldermen (Joe Pinnix, John Barrow, and J.R. Gorham) killed Swisher’s recommendation. Doubling down, Gorham said, “It shouldn’t have any time limits on it if someone is within the decibels.”
As far as I know, Aldermen Gorham, Pinnix, and Barrow don’t live next to a bar, and thus, can’t identify with complainants like DeFoor and Dyson. Clearly, then, Swisher’s consideration of property lines should have been included in the final ordinance. Absent that, the real problem now is one of monitoring and enforcement. Kernersville doesn’t have a special squad of “decibel police,” so it will be up to residents to notify authorities of music that is disturbing the peace. But if people become fearful of being cited for calling the police too often, then how will police be alerted to violations of the ordinance?
The new ordinance is supposed to be reviewed later this year, so hopefully then, the aldermen will do the right thing and ban the playing of outdoor music at any commercial establishment located in a residential/mixed-use district. For now, it’s obvious that the Kernersville Board didn’t choose to listen to those most affected by the noise. Maybe they just couldn’t hear the complaints over all the loud music.