To: Mark R. Hafner, City Manager
From: Julie Smith, Director of Community Development
Subject:
Title
Consider an ordinance approving an amendment to the City of Keller Code of Ordinances Chapter 10 - Miscellaneous Provisions by amending Article VIII - Noise Ordinance; providing a repealing clause; providing a maximum penalty of $200.00; providing a severability clause; and establishing an effective date.
Background:
A recent Specific Use Permit request for Indoor Entertainment in the Old Town Keller zoning district triggered a Planning & Zoning Commission discussion on noise impacts on nearby residential properties. City Council conducted a work session on the topic on June 7, 2022 and heard input from Community Development and Police Department staff, who recommended removing the existing reasonableness statute for evaluating noise nuisances. Staff proposed implementing specific daily cutoff times for outdoor music in commercial districts that include residential uses.
Analysis:
Community Development and Police Department staff identified several sections of the existing noise ordinance that are problematic:
• Current ordinance defines a commercial district as a district designated for uses other than residential and includes Town Center, Old Town Keller and Planned Developments as examples of commercial districts. All of these districts have existing, and encourage future, residential components.
• Current ordinance states that “unreasonable noise” is “prohibited in or near residential areas,” which is challenging for enforcement purposes. Determining what is “reasonable” is a subjective decision likely to differ amongst the Police Officers tasked with applying the ordinance.
• Current ordinance allowed for outdoor music until 2 a.m. at businesses in commercial districts on Thursday, Friday and Saturday evenings.
Summary of Code Amendments:
Implement the following new daily time cutoffs for all businesses and public spaces in commercial districts that include residential uses:
Sunday: Between 10:00 a.m. to 11:00 p.m. 10 p.m.
Monday: Between 10:00 a.m. to 11:00 p.m. 10 p.m.
Tuesday: Between 10:00 a.m. to 11:00 p.m. 10 p.m.
Wednesday: Between 10:00 a.m. to 11:00 p.m. 10 p.m.
Thursday: Between 10:00 a.m. to 2:00 a.m. 10 p.m. the following Friday morning
Friday: Between 10:00 a.m. to 2:00 a.m. 12:00 a.m. the following Saturday morning
Saturday: Between 10:00 a.m. to 2:00 a.m. 12:00 a.m. the following Sunday morning
Financial Impact:
N/A
Citizen Input/Board Review:
Staff reached out to all restaurants/bars in the Old Town Keller zoning district that are known to host live music. As of today, one owner has expressed opposition.
Amendments to the Code of Ordinances do not require a Public Hearing. People wishing to comment on this item will have an opportunity during “Persons to be Heard.”
Legal Review:
The City Attorney has reviewed and approved the proposed amendments.
Alternatives:
City Council has the following alternatives:
- Approve as submitted
- Approve with changes
- Denial