By Moses Leos III
An action allowing a sound level increase during the upcoming Fire Fest reignited discussions on Buda’s controversial noise ordinance.
One downtown business owner, Tavern on Main owner Julie Renfro, hopes the action is the first salvo in a fight to permanently change the measure. She was vocally opposed to decreasing the limit when council first voted on the ordinance last year.
“I’m interested to see what the decibel level reading will be,” Renfro said. “It will be interesting in what they say, and how people respond.”
On August 5, the Buda City Council granted Fire Fest a one-day reprieve from Buda’s noise ordinance by a 6-1 vote. Wiley Hopkins was the dissenting vote.
Buda’s sound ordinance, which was amended in 2013, limits commercial sound levels to 70 decibels (dB) from the hours of 7 a.m. to 9 p.m. on Wednesdays; 11:30 p.m. on Friday and Saturday. After those times, sound levels cannot surpass 63 dB. Measurements of sound levels are conducted at the property line of commercial establishments.
Sound levels during Fire Fest will be allowed at or below 80 dB until 11:30 p.m. Measurements will be taken at roughly 300 feet from speakers on the main stage, which will be located on Main Street near the 1898 store.
The temporary change was requested by Emergency Service District #8 (ESD 8)/Buda Fire Department Chief Clay Huckaby in the Fire Fest special events packet. He submitted that packet in advance of the event’s return to the city.
Fire Fest will be located on the downtown greenbelt in 2014. Until 2012, the last time the event was in Buda, Fire Fest was located in City Park. For two years, however, it was held at the Backyard in Bee Cave.
Huckaby is happy to see the event return to Buda.
However, he said the city’s existing sound measures wouldn’t allow for several acts to perform during the event.
“If you have an event like Fire Fest, you can’t stay at the 63 or 65 level if you’re going to have a full band on stage,” Huckaby said. “That’s next to impossible to have that type of entertainment that quiet.”
While he and other event organizers initially sought to increase sound levels to 100 decibels until 11:45 p.m., they realized state law prohibits noise levels from exceeding 85 decibels.
Buda City Council members, concerned over exceeding the state-regulated mark, led them to lower the requested level to 80 dB.
“This is on a public right of way,” Mayor Todd Ruge said. “I think this determination is a fair one.”
Buda residents Tommy Poer and Rose Marie Shelton spoke out against the variance of the noise ordinance. Poer, who said the current ordinance is good, believes approving that request would “open the door” to change.
Shelton’s concern was about the event location. She said the stage on Main Street would cause further headaches for nearby residents.
“I don’t see why I have to suffer until midnight,” Shelton said on Aug. 5. “I don’t appreciate it, nor should I put up with it.”
Council’s decision was difficult for Renfro to comprehend. With Tavern on Main as a venue for Fire Fest, Renfro estimated several acts playing beyond 11:30 that evening.
She cited the council’s decision was done without any scientific sound study. Renfro believed Huckaby’s request for 85 decibels was justified, along with the 11:45 p.m. buffer.
“When you are sitting in a place with music playing, it will go over 85 periodically. It’s not unusual for inside music,” Renfro said. “For outside venues, it’s very reasonable … I wished they had approved what he asked for.”
Huckaby said he doesn’t foresee any issues with the increase in the sound levels. He does expect nuisance complaint calls on August 30.
“We put a lot of time and effort so that [Fire Fest] would be an conducive environment,” Huckaby said.
But could this be the change for which downtown business owners clamor?
Ruge said it’s too early to tell. While he approves of the one-time variance, he will be interested to see how Buda reacts to the 80 dB mark.
“I think this is going to be a case study of what 80 decibels sounds like and what it means to neighborhoods and people around,” Ruge said.
Equally interested will be Renfro, who continues to call for change of the “stringent and unenforceable” ordinance. She welcomes the concerts, as it will draw more people to the downtown corridor.
“Anytime you have a public event, volume is important. There are going to be people that don’t like it,” Renfro said. “A vast majority of people will be thrilled … I anticipate more people are going to be excited for the quality of the event that Fire Fest is bringing to town.”
