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Council O.K. with noise ordinance

The big attraction at the City Council meeting on February 19 was the public hearing on the proposed amendments to the city’s noise ordinance. While the new ordinance applies to restaurants across the city, which would now be held to a 75-decibel limit from 10pm to 6am, the Downtown Mall would have a 75-decibel limit “24-7,” according to Jim Tolbert, director of Neighborhood Development Services.

Currently, the ordinance only applies to residential areas, which are limited to 65 decibels during the day and 55 decibels from 10pm to 6am, and the Downtown Mall, which has regulations after 10pm during the week and midnights on weekends.


Ryal Thomas, owner of the Belmont jazz lounge Saxx, was the only member of the public who spoke at City Council against a proposed city noise ordinance.

Tolbert laid out his case, explaining that the problem consists of restaurants that leave their doors and windows open while having bands or large crowds, but the main target is obnoxiously loud musicians on the Mall.

Only eight speakers came out to discuss the ordinance, split evenly between residents and business owners. Rapture Manager Mike Rodi said that he wasn’t concerned about the noise levels from his own business, but was concerned with loud amateur musicians. Sage Moon Gallery owners Morgan and Jim Perkins had the same response, mentioning that acoustic street performers are a draw to the Downtown area, but the amplified musicians and drummers sometimes made it impossible to hear inside the store.

“They’re no longer working with us to make the Mall a more pleasant place,” says Morgan Perkins in an interview.

Residents supported the new regulations as well. Brent Nelson, who lives on South Street, hoped that it would prevent late-night parties on commercial properties from getting out of hand.

Only Ryal Thomas, owner of the Belmont jazz bar Saxx, was publicly ambivalent about the ordinance, telling Council that he wished that more dialogue had taken place between restaurant owners and nearby business owners instead of simply imposing new rules. “I understand the concerns of people,” he says in an interview. “I just want it to be fair.” He adds that Saxx was soundproofed in December.

Because of the existing lease between the city and music promoter Coran Capshaw, the Pavilion will be exempt from the new regulations. Belmont neighbors have complained in the past about noise from concerts at the outdoor venue.

While the councilors’ discussion after the hearing leaned towards enacting the amendments, Mayor Dave Norris worried that it was “unfair to hold small businesses to a higher standard than the Pavilion.”

Thomas thinks the problem could be larger than that. “You can’t tell people when to go to bed,” he says.

The vote to enact the noise provisions will take place March 3.

For some local music figures’ reactions to the ordinance, read this week’s Feedback column.

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