Balance is an important quality in many realms. Trapeze, for example. And bull riding. And even the field sobriety test.



Balance is also important when crafting city noise ordinances — as Tacoma is in the process of finding out. After months of debate and rewording, Tacoma’s first comprehensive noise ordinance went into effect April 2. When the noise ordinance was passed by Tacoma’s City Council Feb. 19, Mayor Bill Baarsma proclaimed it “a long time coming.” Live local music venues are left to wonder: What exactly is it that’s coming?



Tighter regulations designed to protect Tacoma citizens who live in close proximity to commercial music districts in our city are taking hold. But these regulations do little to protect the venues. As for live music establishments in Tacoma, the noise ordinance could have serious implications for their livelihood. The question is: Where’s the balance?

The nitty-gritty

Whereas the Weekly Volcano gets sick to its stomach when reading city ordinances that that use the word “whereas” ad nauseam, here are the basics of Tacoma’s new noise ordinance and what the letter of the law now says.



The meat of Tacoma’s noise ordinance is built on simple pretenses: Excessive noise affects the quality of life of people subjected to it and can be a “serious hazard to the public health, safety, welfare, and quality of life of the citizens of Tacoma,” according to Ordinance No. 27673 — better known as the noise ordinance.



“Every citizen has the right to the quiet enjoyment of his or her private property.”

There are many new rules and penalties that come along with Tacoma’s new noise ordinance. In regard to average citizens, the implications are minor. Hours that you can operate loud machinery or perform construction have been defined, maximum decibel levels for stereos have been established, and civil penalties have been created for noise violations. Everything within Tacoma’s new noise ordinance is complaint-based, meaning it takes a phone call from an upset neighbor to get the wheels turning.

All of that is fine and dandy and won’t likely cause a headache for anyone other than partying college kids and practicing rock ‘n’ roll bands.



However, Tacoma’s new noise ordinance also governs commercial music in Tacoma, as in the noise allowed to emanate from our city’s many local music venues. As evidenced by the countless venues that have come and gone over the last five years, running a live local music venue in Tacoma isn’t the easiest thing to do. And these new noise regulations stand as just one more hurdle for anyone willing to give such a business a go.



There are two things music venues in Tacoma now have to contend with. As of April 2, it is unlawful for commercial music coming from a club to raise the ambient sound level in any dwelling near the club more than six decibels. More disturbing, whether or not the music at a club raises the ambient sound inside a dwelling by six decibels, it is also a violation if the music is “plainly audible” from 100 feet of the club’s property line.



“Plainly audible” is an ambiguous term, which according to John Harrington, Land Use administrator with Public Works, Building and Land Use Services Department (the agency in charge of enforcement), means able to be heard. You don’t have to be able to make out the words or make out the guitar part. As long as someone can hear the music from 100 feet away he has the basis for a complaint. For perspective, 100 feet is the standard distance between power poles. The penalty for violations of the noise ordinance is $250 for the first violation and $500 for subsequent violations — with the City of Tacoma reserving the right to revoke licenses and permits of a business for continued noncompliance.

Implications for commercial music

When the Tacoma City Council passed the noise ordinance in February, they spoke highly of the balance the new ordinance found between interests of citizens concerned with sound levels in their neighborhood and the concerns of businesses trying to make a living by operating a live local music venue. Wording such as “cognizant of the need to balance the rights of persons living and working in a mixed urban environment with the needs of business” and “every citizen has the right to the quiet enjoyment of his or her private property and the usability of his or her commercial and industrial property” seem to suggest the city took equal consideration of the ears of citizens as it did the needs of business. However, those words all come from page one of Ordinance No. 27673, and the balance seems to end there — at least in terms of what the city deems “commercial music.”



“I think it was a step we had to take,” says Mike Lonergan, one of the seven Tacoma City Council members to vote in favor of passing the noise ordinance in February. The noise ordinance passed 7-0; two council members were absent at the Feb. 19 meeting.



“I think it’s as fair as it can be. I certainly sympathize with those that live along North and South Seventh. They deserve peace and quiet.”



While that probably sounds like a rational statement to many, the question of whether residents directly off Sixth Avenue — which the city of Tacoma promotes as an entertainment district — deserve total peace and quiet is debatable. The answer depends on what Tacoma wants Sixth Avenue to be. Talk of economic revitalization and promoting growth are commonplace in the City of Destiny, and at least currently, Sixth Avenue is Tacoma’s main music venue and restaurant drag. Designing ordinances that make operating those types of ventures in compliance with city law nearly impossible — as the “plainly audible” clause seems to do — doesn’t seem like the best way to continue Sixth Avenue’s resurgence.



“That’s the toughest test,” says Harrington of the “plainly audible” clause.

“Just about all of them flunk.”



That’s amazing candor. Considering it means, in essence, that the Tacoma City Council just unanimously passed an ordinance that makes “just about all” of the live music venues in Tacoma out of compliance with city ordinance and subject to fines and penalties, it makes claims of “balance” seem pretty far-fetched.



“That’s the cost of doing business in Tacoma,” says Lonergan, of the expenses live music venues could be forced to incur if they find themselves out of compliance.

Many others don’t seem to share Lonergan’s views.



“We’ve tried to be sensitive to it,” explains Brandon Escovedo, former Jazzbones operations manager and currently food and beverage director for SM management, the company that manages Jazzbones, regarding the club’s attempts to reach a middle ground with its residential neighbors.



“I think there’s too much gray area (in the noise ordinance). Our revenues are based on entertainment. People should realize that fact when they move in somewhere near Sixth Avenue.”



When I told local music promoter Reed Riley that I’d be writing about the noise ordinance, he said, “Tell them how Sixth Avenue was 15 years ago.



“It was real quiet when there was nothing here except bums to step over.”

Enforcement implications

While the ramifications of placing noise restrictions on Tacoma’s live music venues are fairly obvious — clubs will need to find a way, either by turning it down or soundproofing, to make sure they’re in compliance or face civil penalties — the enforcement implications for the city of Tacoma are also worth examining.



The job of enforcement will fall on two agencies — the Police Department and the Public Works, Building and Land Use Services Department. The latter maintains a small staff of certified employees capable of responding to noise complaints during daytime hours. At night, when most noise complaints come in (especially those involving commercial music), the Tacoma PD will respond. In either scenario, the Building and Land Use Services Department will be in charge of enforcing any noise citation issued.



According to city documents, the noise ordinance will cost $20,000 to get on its feet (expenditures include technical services, inspector certifications and training) and $5,000 a year to maintain (for public awareness, data analysis, equipment calibration, and inspector recertification). This money will come from the city’s general fund.



Besides the economic cost, the impact of putting more on the plates of police officers, along with charging the predominantly 9-to-5 Public Works, Building and Land Use Services Department with patrolling an offense that happens mainly from 10 p.m. to 2 a.m., has yet to be determined.



“I’ll be interested to see what the real budget implications are,” says Lonergan.

“I’m not sure we’re quite ready. We only really have about half a dozen code enforcement people. I’m taking a wait-and-see approach.



“It absolutely increases the burden on various enforcement officers. We need to be really aware of these issues, and I’m not sure if we’re fully equipped,” Longergan continued, adding that the council’s job is to adopt policy not implement it.



Tacoma PD, however, doesn’t seem to see the noise ordinance as a burden. If anything, the new role the noise ordinance creates for the Public Works, Building and Land Use Services Department is seen as much needed backup. Complaints about noise from easily irritated residents near Sixth Avenue are nothing new for TPD. They’ve dealt with them since live music first hit the area. But now, aside from writing reports and responding to the scene — something they’ve always done —the Tacoma PD can hand off the rest of the city’s battle against noise to another agency, saving the Blue much needed time and energy.



“Now we have another tool to provide civil remedies to this problem,” says Tacoma Police Captain Mark Langford with the Operations North Division. “We’re seeing this problem is complex, and having two agencies work together is helpful.”



“I expect to earn a lot of cooperative compliance. We’ll be working to educate owners (of live music venues) just like we’ll be working to educate the officers about the ordinance,” continues Langford.



“The noise ordinance is good for police because it provides us an objective standard to judge noise complaints by, and it gives citizens another option other than 911.”

Lonergan expects an increased burden for police. Police expect a lightened load. Both expect businesses and the city of Tacoma to work together toward noise compliance, and both expect there to be wrinkles that will need ironing in the infantile stages of Tacoma’s noise ordinance.



But whatever questions Councilman Lonergan still harbors, it doesn’t sway his support of the noise ordinance.



“In my years of management, I’ve always taken a ready, fire, aim approach,” says Lonergan.



“Until you’re actually doing it, you can never foresee everything.”

The good news

Though there are plenty of possible negative implications that go along with Tacoma’s new noise ordinance, there are a few glimmers of hope. One of the main ones is the stance being taken by the Public Works, Building and Land Use Services Department. When a venue is cited for a noise violation, it will be the department that deals with the punishment. While the noise ordinance is written to clearly include the $250 and $500 fines, as long as the venue works with the city to come into compliance those fines will not be assessed, according to Harrington.



Of course, coming into compliance will almost certainly come with costs of its own for the venue. But one local soundman told me adequate soundproofing at one of Tacoma’s noisiest venues could be accomplished for around $500.



“I think what’s going to happen is (local venues) will be forced to make some minor changes,” says Harrington.



“I see within a year’s time everyone will be in compliance. We want to work with the business community, not shut them down.”

In the end

For all the decibel readings and ambiguous new rules, the real question raised by Tacoma’s new noise ordinance is simple. What does Tacoma want places such as Sixth Avenue to be? The bustling and economically profitable entertainment districts the city likes to encourage and brag about? Or the quiet neighborhoods of 15 years ago? While city officials talk of balance between the two, that balance doesn’t seem to be represented in Tacoma’s noise ordinance. Tacoma can’t have it both ways. While the new noise ordinance won’t spell the end of live music in Tacoma and will more likely just pose as a pain in the ass for local music venues, Tacoma’s new noise ordinance does seem to suggest what side of “balance” those in charge of the City of Destiny sit on.