To be clear, this website is run and written by me alone, with no input from The Nutty Brown, Mr. Farr, or anyone else. I am working with Mr. Farr as an independent consultant to analyze the noise problem from the cafe and find how best to solve it. Part of our agreement is my right to write about the process and the results of my investigation. This web survey was my idea and I implemented it because it seems like the most efficient and accurate way of assessing noise impacts over a wide area.

If you look at my report from November, you will see that I took measurements and showed empirically that there is a real noise problem (though not necessarily a legal problem). It did not put the Nutty Brown in a very positive light and, if you read the comments, you will see Mr. Farr himself weighing in with quite an oppositional tone. From that article and related discussion, as well as all of the other work I have put into this site, I would think it’s clear that Austin Noise and The Nutty Brown are very separate entities.

Regardless of your opinion of Mr. Farr or his establishment, I would hope that you and anyone else troubled by the noise issue could recognize the value in participating in finding a measurable, objective mitigation approach. By sharing your location along with a few details about how the noise is perceivable to you, you will help me be able to localize the problem and know what aspect of the Nutty Brown’s sound system needs to be addressed.

-Joshua

Tom Shelton

The 4-day, or “96-hour Sound Permit” was passed on consent, at the beginning of the Feb 11, 2010 City Council meeting.

Agenda Item 19 – “Approve an ordinance authorizing 96-hour sound amplification permits; waiving the requirements of City Code Section 9-2-24 related to permit duration; and declaring an emergency.”

http://www.ci.austin.tx.us/council_meetings/public_meeting_agenda.cfm?meetingid=204

The final approved, Ordinance is available for download, on this page:
http://www.ci.austin.tx.us/council_meetings/item_attachments.cfm?meetingid=204&itemid=12331&item=17

Feb 11, 2010 City Council Transcript – Including discussion, and postponement on action, regarding Appeals to two Approved Outdoor Music Venue (OMV) Permits, for Little Woodrow’s and Sustainable Waves.

There is a TON of either accidental or purposeful misinformation being offered up by the appellants, and I am of the opinion that these Appeals will be denied, and Sustainable Waves will be able to put on great shows, at a great venue,. I’m also fairly confident that Little Woodrow’s will be able to carry on the tradition of music at their venerable location on Guadalupe.

In both cases, my opinion is based on the fact that the venues meet the criterion set forth in the OMV Permit Ordinance adopted last March.

Despite many, many problems, the Ordinance has been given first aid (The Riverfront Overlay and CBD Zoning Districts given extensions on OMV Permit expiration, IIANM) and “a chance to work”, for the past year.

A series of minor miracles have occurred, in order to rescue a number of well connected unintended victims of the March 2009 OMV Permit Ordinance.

Other locations have had to meet the current Code, in their applications, and have done so. You can read the dialogue that took place during the Public Hearing, in the transcript of the Feb 11th Council meeting, here:

The OMV Permit Appeals are under the “4:00 PM — Public Hearings and Possible Actions”

Items # 34 PH & 35 PH

http://www.ci.austin.tx.us/council/2010/council_02112010.htm

peace,
gary

Thanks for the encouragement, and for sharing about your proposal for multi-day sound permits. It seems like a good idea, almost obvious, and I’m curious to know what anyone might have against it.

-Josh

Incredibly well done. You’re tackling an important part of what’s left to “the people” to hash out and hammer into some sort of reasonable shape, after the elected official have officially mucked things up. At least they’re consistent.

6 months ago, I proposed to City Staff a minor change in the Code, to allow multi-day Sound Permits. The need was brought about by the changes made to the Outdoor Music Venue Permit section of the code, a year ago.

The problem is that many locations do not propose to be an ongoing Outdoor Music Venue. Some businesses only want to do one multi-day show per year, during SxSW. The simple fact is that those businesses have no choice, at this time, but to apply for an Outdoor Music Venue Permit, if they want to do more than a one-day event that includes music.

I warned of the impending problem, especially during the Spring Break/SxSW week, for businesses that would be able to pull multi-day Temporary Use (outside) or Temporary Change of Use to Public Assembly (inside) Permits, but would not be able to pull a Sound Permit to cover multiple days, because a Sound Permit is currently only available for 1 day every 30 days per location.

Last week, Monday, Feb 1, at the request of the Music Commission, I appeared and presented my proposed change. A simple change was discussed and formed into what the Commission unanimously passed as a proposed revision, to create a 4-day (96-hour) Sound Permit.

The revision was immediately drafted into a Resolution to Council, in order to get on the Feb 11th Council Agenda. The item was then successfully placed on the agenda. Unfortunately, it got one too many co-sponsors, and they jumped in and mucked it up good, again.

Hell, they may, still, not be finished mucking it up. You never know. It’s virtually impossible, I’ve found, to overestimate some of our Council Member’s propensity for making things worse.

See Item # 17 – “an ordinance authorizing 96-hour sound amplification permits”
Follow the “Backup Material” link, to download a Draft of the ordinance.
http://www.ci.austin.tx.us/council_meetings/public_meeting_agenda.cfm?meetingid=204

Any of this can change at any time, even during the Council meeting.
It should be interesting.

Write On,
gary etie
http://AustinCityPermits.com/

I’m glad you’re finding the site useful. I hear from people frequently who have questions that are similar to yours, so I will continue to develop the site as best I can.

In some places, when a road is expanded or otherwise modified, a noise study is a required part of the associated environmental study. This was the type of work I did most often at a previous job. In those situations, there are limits to the noise that homes near the roadway can be exposed to, and if the study determines those levels will be exceeded, mitigation options, such as walls and berms, are explored. Even in states that are very proactive about noise, this is the only situation I am aware of where noise mitigation for traffic noise is assured by the government.

In Austin and in Texas, I am not aware of any such triggers. TxDOT may have noise reviews as part of its environmental review process, but, as far as I am aware, if they are done they are done internally. I don’t think there’s anything in place in our law or government that could help you with your particular situation.

Depending on the topography and layout of your property with respect to the road, a noise barrier may be an effective option (though not inexpensive). You may also be able to improve your windows, doors, or even walls and ceiling to reduce interior sound levels to something tolerable. Your windows would be the starting place, since that is most often the weakest link in keeping out noise. Windows can be replaced outright with windows that perform better, or “internal storm windows” can be added to provide a significant improvement in noise attenuation.

Good luck! And feel free to comment further or e-mail me if you have more questions.

-Josh

First of all, what a great resource! I was pleasantly surprised when I ran across this site while looking for guidelines on noise limits here in Austin. I live on the edge of town (but within city limits) and my property adjoins a Farm-to-Market road; and the noise in the morning can be downright deafening. Do you know if there are any ordinances currently in place that put limits on the level of road noise that is considered to be acceptable?

Thanks,
Randy

Are you in city limits? If so, the rules about limits and permitting depend on the city. Note that some cities don’t even have noise ordinances, or have noise ordinances that are very vague and/or are not enforceable. If you tell me what city you’re I can try to interpret any noise ordinance you may have as best as I can.

The way I understand it, if you live outside city limits in any county other than Harris, there will be no noise ordinance protecting you. The Texas Penal Code has a somewhat ambiguous limit of ‘85 decibels,’ and that is only applicable after the offending party has been warned. The Texas Penal Code is all but useless as a numerical criterion.

If the event center does not have a liquor license, then, as far as I know, they are not obligated to follow the TABC’s rules concerning noise. Even if they were, the TABC rule on noise is somewhat vague, so it’s hard to guess which way they would rule in any given situation. I’ve heard there’s a TABC hearing on the Nutty Brown issue coming up, so that may establish some form of precedence.

I hear a lot of complaints about noise from people who live in unincorporated areas. The lack of county noise ordinances in Texas is puzzling. Perhaps in the near future enough citizens will be able to join together to overturn the ban on county noise ordinances.