Take it down a notch: City of Tyler enacts new noise ordinance

Published 8:03 pm Wednesday, July 12, 2017

The Tyler Police Department will use a decimeter to determine if the city's noise ordinance has been violated. Faith Harper/Tyler Morning Telegraph

FAITH HARPER, fharper@tylerpaper.com

Tyler is about to take the noise level down a notch.



The Tyler City Council approved a new noise ordinance on Wednesday, which outlines specifically how loud is too loud in the city.

Police Chief Jimmy Toler said the former ordinance had vague language on the level of a noise violation. That was if the sound was “(offensive) to persons in the vicinity thereof and substantially impairs the peaceful enjoyment of public or private property.”

The new ordinance outlines specifically how loud is too loud – 75 decibels.

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Prolonged exposure to noise above 85 decibels can damage hearing.

In all areas of the city, the noise threshold is 75 decibels from 7 a.m. to 10 p.m., and then it lowers in the evening to 63 decibels, from 10:01 p.m. to 6:59 a.m.

On the weekends, the 75-decibel threshold is extended to 11 p.m. to allow for businesses and venues to host bands.

The downtown area is an exception – it gets an extra hour.

In downtown, the noise can be at 75 decibels from 7 a.m.to 11 p.m. on weekdays, and then lower to the 63-decibel threshold. Thursday through Sunday, the noise can stay at 75 decibels until midnight.

Exceptions can also be made to city-permitted events including parades, outdoor music in parks, and other events. Special-use permits are also available for certain holidays that are known to go past midnight, like New Year’s Eve.

The Council committed to revisit the ordinance in a year, or sooner if the need arises.

Toler said the ordinance was updated to reflect a changing city, and the rise of restaurants with outside music venues that are close to neighborhoods. He specifically mentioned The Grove and Dakotas Chophouse, and said both have a good working relationship with the police department on mitigating noise. Each had input in the current ordinance, he said.

Since January, the Tyler Police Department responded to over 900 noise complaint calls, but that number includes all calls – including barking dogs, loud arguments, people using lawn equipment at night, cars driving by with loud music, among other calls.

Toler said places like Rick’s on the Square and Stanley’s Famous Pit Barbecue don’t generate many noise complaints because of their locations – both are set back away from residential neighborhoods. But, they, too, will need to turn down the volume.

“They will have to come down according to the guidelines,” Toler said. “It’s one of those things. Everyone will have to come down to standard.”

The noise will also be measured from the point of complaint, not from the actual venue.

So, if a resident calls that the music is too loud, the reading will be taken from their home or yard, instead of inside the venue.

The department has four decimeters, which read noise levels, and plans to purchase more next fiscal year.

Noise also dissipates over space. Toler said 90 decibels could dissipate to the 70s after traveling 40 feet, and most of the venues have a buffer zone between other properties. He said using that buffer zone, venues could get a rough estimate on how loud the music should be to be in compliance.

Toler also said the goal isn’t to start fining restaurants – it’s to reach a balance between neighborhoods and businesses.

“We took a lot of factors into consideration to balance this out as Tyler grows, and as new types of businesses are coming,” Toler said. “We want to support them, but be aware of the impact they have on the neighborhoods.”

TWITTER: @TMTFaith

How loud is it?

0 – The softest sound a person can hear with normal hearing

10 – normal breathing

20 – whispering at 5 feet

30 – soft whisper

50 – rainfall

60 – normal conversation

70 – freeway traffic

80 – doorbell

95 – electric drill

110 – shouting in ear

120 – thunder

150 – firecracker

* Source: Center for Hearing and Communication