It’s a noisy world these days — especially in America’s rapidly growing urban centers. In Tacoma, new residents and businesses are often at odds over normal, although sometime noisy, business activities such as live music and public events, which grate on the nerves of longtime residents and suburban refugees. City officials, residents and business owners, meanwhile, are trying to figure out what to do about it.

At the crux of the dilemma are so-called mixed-use areas of the city, which are zoned to accommodate a range of occupants. In these areas, it is not uncommon for two dozen condominium owners to live within shouting distance of the local club. Sometimes they occupy the same building. In most cities, complicated and detailed ordinances tell business owners and residents where, when, and how loudly they can make noise. In Tacoma, those rules exist, but apparently are vague enough to have left business owners and residents wondering who needs to shut up.

“We owe citizens a good hard look at this,” said Councilman Jake Fey, who represents residents in two of Tacoma’s hottest noise zones — Sixth Avenue and downtown. “We need to let people know that there is a reasonable expectation that they can get a good night’s sleep on the weekend.”

Noise ordinances are predicated on the philosophy that “the air into which second-hand noise is emitted and on which it travels is a commons, a public good,” says a statement from Vermont-based Noise Pollution Clearinghouse. “It belongs to no one person or group, but to everyone. … People, businesses, and organizations that disregard the obligation to not interfere with others’ use and enjoyment of the commons by producing noise pollution are, in many ways, acting like a bully in a school yard.”

Currently, laws regulating noise in Tacoma are vague at best, suggests Fey. Municipal codes governing who can make what noise where and when do not define noise in most incidents. Criteria for enforcing noise ordinances are non-existent, and no agency is officially designated as enforcer. For now, Tacoma Police are left with the discretion to decide what constitutes noise, who is making too much of it, and how to enforce violations. Fey is currently convening a team of City staff and officials to dig into ordinances governing noise, who enforces them, and how.

Local restaurant owner John Xitco, who operates restaurants Asado and Masa on Tacoma’s Sixth Avenue, is among business owners who have received a visit from TPD for making too much noise, despite what he describes as going to great lengths to respect his neighbors. Xitco is candid about the recent incident. He says the noise was created by a band that showed up with amps and drums for what was supposed to be an acoustic set — a noisy, one-time mishap resulting from miscommunication. He also says he understands the concerns of his neighbors about noise and has gone to great lengths to respect the rights of nearby residents. Before he opened his doors, he spent hours studying noise ordinances and regulations, for example. He restricts performances on the rooftop patio of Masa to acoustic sets to minimize the racket. He makes sure noise is quelled at 11 p.m., per what he understands to be local regulations. He even walks by nearby residences during events to make sure his business activities are not annoying his neighbors.

“We are following all the rules. If it gets to the point that I need to walk around the neighborhood with a decibel meter, I’d be glad to do it. But there are people who will complain regardless,” he said. “We built in this neighborhood because we want to be part of it, not fight with our neighbors.”

Xitco notes that his company’s $3 million investment in the area has created 110 new jobs, and contends that the investment has enhanced the neighborhood. He emphasizes that his investment is not an excuse, but that there are upsides to restaurants and bars that often are ignored. As an example, Xitco notes that his company has contracted with TPD to provide off-duty officers to watch the area outside Masa and other venues during late-night, weekend hours.

“I want to make sure things are safe,” he said. “Not that there have been problems —  I just don’t want any.”

Tacoma Police Department’s  Mike Miller says neither he nor members of his department want any trouble with business owners or residents who make noise, but that TPD is required to respond to noise complaints if there are no more pressing crimes occurring. He also notes that every law leaves some discretion to officers, but that Tacoma’s noise ordinance leaves a little more. That discretion includes how much noise is too much, and whether to present a ticket to offenders. Violations carry penalties ranging from a $500 fine for first conviction, $700 for a second, and up to $1,000 for a third. Depending on circumstances, penalties for the misdemeanor violation can carry an immediate 90-day jail sentence and a fine of up to $1,000.

“But I’ve never seen that happen,” he said.

Songwriters at Sunset

Masa restaurant hosts “Songwriters at Sunset” on their deck every Sunday through Aug. 26 at 7:30 p.m. a live band will perform until the sun goes down.

The remaining concerts are:

• Handful of Luvin’, Aug. 19;


• Tingstad & Rumbel, Aug. 26.

[Masa, 7:30 p.m., $10, 2611 Sixth Ave., Tacoma, 253.254.0560]