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We wondered back when Freddie’s became the victim of the new noise ordinance rules (Did City Council Surreptitiously Screw Live Music in Austin?) what would become of popular outdoor concerts and venues like Shady Grove’s “Unplugged at the Grove” series, and it seems now we know. In a letter to the editor in this week’s Chronicle, the Gourds’ Kevin Russell relates how their show at the Grove was cited last week due to a sound-ordinance violation. As Russell declares, “In its race, which is already lost, to move people Downtown, this city is going to lose something that cannot be replaced,” and he calls upon all musicians and fans to finally take a stand against the ridiculousness of the new noise ordinance rules before it is too late. We couldn’t agree more!
For those of you that haven’t been following the events in City Hall, on February 26 our wise leaders authorized the enforcement of an absurd 70db limit for restaurants that host live music. The long-embattled Freddie’s patio scene was the predictable first victim, but now it’s starting to inch downtown. Last night, as the Statesman reports, the APD showed up again to the Grove and shut off Sahara Smith mid-set, also leaving headliner Jimmy LaFave without a gig. But!, Shady Grove owner Mike Young has vowed to keep fighting, telling the Statesman, “We’re gonna be back with live music next Thursday and the Thursday after that. I’ll pay the bands even if they only play five minutes. We’re not gonna give up the fight.” What’s even worse is that it was a single disgruntled neighbor that managed to have the whole thing shut down.
So clearly it is all of our responsibilities to head down to the Shady Grove next Thursday, whether it’s packed or not (and it hopefully will be!), and help with this fight, even if it’s just buying a beer to help the bar out. And we have to wonder, if this continues, who’s next?
As numerous other people have pointed out on numerous other blogs, the people who live downtown are *not* the people driving these sound ordinances to cap live music volume– it’s the people who live in the houses on the periphery of downtown. Before everyone takes a big steaming dump on people purchasing condos, keep that in mind. People who buy condos downtown (myself included) are aware that when you live in a true urban neighborhood, you get the noise along with it.. and we’re often buying our properties *because* we want to be closer to the music.
Remember when you’re parking on peoples’ lawns, throwing your trash on their front steps, and pissing in the yards that maybe it’s less the “loud music” and more the idiocy that comes to their neighborhoods with each one of these types of shows. For long time residents, they didn’t sign up for having people trample their lives, which is probably where some of the agitation comes from. Go to the City Council meetings and listen to the people complaining.
Every time someone knee jerk reacts and claims its people buying condos, people from California, people who don’t love music, people who are yuppies, etc, there is an equal knee jerk reaction that results in something like the sound ordinance.
Well said, Marc.
I’m totally behind you on this, Marc, but your argument doesn’t make sense. If it’s littering and trespassing and the like that’s causing the stir, then you’d think the City Council would direct law enforcement to laws that already exist for such nuisances (or make them tougher). Surely no sane city council would apply a noise ordinance to prevent someone from pissing in someone’s yard.
I could be (probably am) wrong about this, but it seems to me like SOMEONE is complaining about the noise, or these ordinances wouldn’t exist.
The ordinance exists because the ANC got their city council member elected; and then Jeff Jack was finally free to get it done. Check this list of comments from the minutes of one of the more heavily attended task force meetings:
http://mdahmus.monkeysystems.com/blog/archives/000601.html
It’s not condo dwellers; it’s not Californians. (The complainant this time might have been either; but no matter who they were, they were empowered by a group of long-time near-downtown single-family-homeowners who have been trying to shut down music in the area for a LOOOOONG time).
Dave,
There already are ‘ordinances’ against littering, pissing on peoples’ yards, parking in their lawns, etc. My take is that — in general — the people who live in the areas of Freddies, Shady Grove, off South Congress, etc are organized enough to say they have had enough of the general crap that, because of the live music, gets foisted onto their lives.
The ‘loud’ noise gives them a quicker route to stopping all the hassles than trying to pass a ‘Live Music Fan Littering Ordinance’. The existence of these events is what causes all the other annoyances — if they could succeed in stopping places from having the music, then all the other things go away (for the most part).
I’m not justifying the sound ordinance or the complainers. I just find it hard to believe (for example) that most of the comments on Austin360 are blaming people from out of state and/or condo owners. It’s hard to be a condo owner and complain about Barton Springs noise, because — last time I checked — none of the condos on Barton Springs are currently inhabited yet.
If people want to solve this problem, stop electing feckless pushovers to the City Council and as Mayor. Make them hear your voices. Instead of passing around a petition that’ll get tossed in the trash can, have those same signers pick up the phone and call their Councilman. The ordinance can be overturned, changed, expanded, or limited by the City Council but instead everyone wants to dick around, pass petitions out in front of Whole Foods, and set up task forces. For every hundred people who think this is a heinous crime against humanity, there’s only one person who actually follows through and attempts to change the rules.
I agree with you Marc . I think maybe my choice of words was not right in that letter I wrote. I do not “blame” anyone; not you or downtown residents or the police, except the city council for passing this “other” ordinance. I think the overall density of downtown, both residential and business, nightlife etc. has ballooned to the point of spilling over into the lives of these residents in “the box” of central Austin, so to speak. A few of them are not happy about it and determine to rain on our parade. The basic standard adopted for sound ordinance was good enough for the majority of the city, 85 db until 10:30 Sun-Thu and until Midnight Fri-Sat. In fact this is more than reasonable. It is downright wonderful. The real reason this new ordinance was passed had to do with what is happening over in East Austin. I think though that they should make special exception for that neighborhood through their zoning conditional overlay. A law made for one neighborhood should not apply to the whole city. We all know this town is much more dynamic and diverse than that. But my apologies for suggesting the wrong thing in that letter. I never really expected it would get so much attention. I think the lesson we can learn is that we must be careful what we ask for, we just might get it.
Kevin Russell
The Gourds/Shinyribs
Austin Texas
One more thing. Not sure when Marc came here, but the history of all the venues we have lost (Electric Lounge, Liberty Lunch, Chicago House) downtown from the compact city plan implemented by The Watson council is still a soar spot with many in this community. Right or wrong we sometimes let loose our passionate distaste for the faux egalitarian nature of the new downtown based on this history. The change has happened rapidly and mercilessly for some of us. When people feel they have no power they sometimes lash out at the symbols of perceived power. Forgive us for this most human folly.
Kevin,
I understand your frustrations and didn’t think your letter was explicitly blaming condo owners. I just wanted to make it clear that the people who (loudly) support the ordinance and who are likely doing the call-ins are not people buying condos.
As for your second point/comment: I moved here in July 2000, moved downtown in early 2002 as a renter, and bought my loft in early 2004. I may be the rarity (which I don’t believe is the case and I’ll get to that in one sentence!), but I purposefully spent more money for less space so I could spend 3 or more nights a week watching bands (predominantly on Red River) without the hassle of driving, cabbing, biking, etc or the internal debate of whether or not getting off my couch would be worth the effort on a given night. I don’t think I’m unique in this situation; I would guess that at least 20% (and probably closer to 50%) of the ~40 people who live in my building spend at least a few nights a month watching live music downtown.
I think it’s a shame that Liberty Lunch was lost for the CSC building to be built, but for every club like LL which is never replaced, there is a Beerland or Mohawk that appeared from the ashes of previously failed/closed bars. Unless you’re talking about Carnegie Hall, you’re going to be hard pressed to find places that last an entire lifetime. 10 years ago, Red River barely existed in the thriving manner it appears to exist currently. Would that have been possible had the Watson council’s plans not forced the closure of other earlier clubs? Who knows?
The City Council, just like you and me, is human and also partakes in human folly (more often than not, it appears!). If the majority believes the ordinance is absurd, the majority should outspeak the currently very vocal minority. And if this Council won’t listen, vote them out in a couple of years. What’s our voter turnout for the City Council elections? 5-10% of eligible voters? (That’s the REAL issue, sadly)
Side note: Sometimes I wonder if the people of NYC about 130 years ago felt pissed off that their little city with dirt roads was getting paved over and built skyward.
It’s a sad day when an *unplugged* show gets shut down. Maybe we should pass a “stop complaining” ordinance, and supply free earplugs for those neighbors who truly take issue with the music. Misprint magazine said it best, City Council is going to make Austin the live background music capitol of the world.
I don’t think that you can really compare Freddie’s with Shady Grove. Freddie’s opened up right across the creek from an established residential area. You could hear the music from it for more than 5 blocks away. The same people had been living there for years before the outdoor music started. Shady Grove on the other hand is situated in what has long been a commercial area and has a 16 year tradition of live music one night a week during the summer. Besides that, the show ends before 10:00pm and it not any louder than the construction in the area that seems to go on night and day. The noise ordinance does not seem to apply to the construction, though.
How loud is 70db:
Decibel (Loudness) Comparison Chart
Here are some interesting numbers, collected from a variety of sources, that help one to understand the volume levels of various sources and how they can affect our hearing.
Environmental Noise
Weakest sound heard 0dB
Whisper Quiet Library 30dB
Normal conversation (3-5′) 60-70dB
Telephone dial tone 80dB
City Traffic (inside car) 85dB
Train whistle at 500′, Truck Traffic 90dB
Subway train at 200′ 95dB
Level at which sustained exposure may result in hearing loss 90 - 95dB
Power mower at 3′ 107dB
Snowmobile, Motorcycle 100dB
Power saw at 3′ 110dB
Sandblasting, Loud Rock Concert 115dB
Pain begins 125dB
Pneumatic riveter at 4′ 125dB
Even short term exposure can cause permanent damage - Loudest recommended exposure WITH hearing protection 140dB
Jet engine at 100′, Gun Blast 140dB
Death of hearing tissue 180dB
Loudest sound possible 194dB
OSHA Daily Permissible Noise Level Exposure
Hours per day Sound level
8 90dB
6 92dB
4 95dB
3 97dB
2 100dB
1.5 102dB
1 105dB
.5 110dB
.25 or less 115dB
Perceptions of Increases in Decibel Level
Imperceptible Change 1dB
Barely Perceptible Change 3dB
Clearly Noticeable Change 5dB
About Twice as Loud 10dB
About Four Times as Loud 20dB
Sound Levels of Music
Normal piano practice 60 -70dB
Fortissimo Singer, 3′ 70dB
Chamber music, small auditorium 75 - 85dB
Piano Fortissimo 84 - 103dB
Violin 82 - 92dB
Cello 85 -111dB
Oboe 95-112dB
Flute 92 -103dB
Piccolo 90 -106dB
Clarinet 85 - 114dB
French horn 90 - 106dB
Trombone 85 - 114dB
Tympani & bass drum 106dB
Walkman on 5/10 94dB
Symphonic music peak 120 - 137dB
Amplifier rock, 4-6′ 120dB
Rock music peak 150dB
NOTES:
One-third of the total power of a 75-piece orchestra comes from the bass drum.
High frequency sounds of 2-4,000 Hz are the most damaging. The uppermost octave of the piccolo is 2,048-4,096 Hz.
Aging causes gradual hearing loss, mostly in the high frequencies.
Speech reception is not seriously impaired until there is about 30 dB loss; by that time severe damage may have occurred.
Hypertension and various psychological difficulties can be related to noise exposure.
The incidence of hearing loss in classical musicians has been estimated at 4-43%, in rock musicians 13-30%.
Statistics for the Decibel (Loudness) Comparison Chart were taken from a study by Marshall Chasin , M.Sc., Aud(C), FAAA, Centre for Human Performance & Health, Ontario, Canada. There were some conflicting readings and, in many cases, authors did not specify at what distance the readings were taken or what the musician was actually playing. In general, when there were several readings, the higher one was chosen.
Kevin Russel - Friendly question on this statement:
“The real reason this new ordinance was passed had to do with what is happening over in East Austin. I think though that they should make special exception for that neighborhood through their zoning conditional overlay. A law made for one neighborhood should not apply to the whole city. ”
You’re not referring to this east side Temporary Venue, during SxSW, are you. Because, if you are, I would be of the opinion that you might be onto something. - http://austincitypermits.com/blog/?p=1370 - not directly, but it’s one of the many filaments in the web of intrigue that this whole Noise and Sound Ordinance mess had sprung from, and is what I consider an extreme violation of the Spirit of the Code.
The Code is words, and one can use those words for good or ill intent. The spirit of the Code follows more along the line of what is intended by the code, and when it comes to deciding what parts of the Code are enforced, or not, and where, or not, can only be made as an administrative decision.
That’s why the “accountable official” that make up the one or two person Music Department is going to have a ton of weight on their shoulders, because the Ordinance Amendments that are causing the current mess have a LOT of areas that are loosey-goosey, rather than giving solid, easily enforced guidelines, and there are many surprises, still to come.
A number of blogs have started to discuss this, today, after reading my posts from the past two years (thank you for those links back). I’m glad to see the discussion becoming more focused.
gary etie - AustinCityPermits.com/blog
The video linked here was taken about 9 PM CDT, at Shady Grove,
http://austincitypermits.com/blog/?p=1560
[...] to town and making themselves right at home, and we’ve had a number of low points, like the continued fight over sound ordinances and city hall stifling plans for a dedicated music department. We also lost long time Austin icons [...]