El Paso City Council to consider changes to sound ordinance Wednesday

Anthony Jackson, El Paso Times
·3 min read

Editor's note: This story has been updated to reflect that City Council will consider changes to the city's sound ordinance Wednesday, not during Tuesday's work session.

The El Paso City Council on Wednesday will consider changes to the city's sound ordinance.

City representatives are considering an ordinance amendment to clarify the following:

  • The reasonable sensibilities standard;

  • The maximum sound level;

  • That sound levels apply to properties producing the noise and the locations of sound readings;

  • That vibration violations can occur on any affected property;

  • That the city may seek civil action and penalties of up to $1,000 per day;

  • Which departments have authority to enforce the penalty.

An online petition against the ordinance changes had more than 2,600 signatures Friday. To speak on the agenda item, register through the city's sign-up sheet online at https://bit.ly/3O56Fpr.

In February, the city of El Paso held two meetings to discuss the proposed amendments to two municipal codes: Title 9, health and safety, and Title 5, business license and permit regulations.

In 2019, the City Council approved new noise regulations that prevented El Paso businesses from amplifying sound on outdoor patios and allowed businesses to operate at 70 decibels after midnight.

More: City Council member files complaint against El Paso Mayor Oscar Leeser; here's what was said

More: Find out which city of El Paso services will be open, closed for Juneteenth holiday

Bars on Cincinnati street see a heavy number of visitors on weekend nights.
Bars on Cincinnati street see a heavy number of visitors on weekend nights.

Title 9 amendments

These provisions include:

  • Reasonable sensibilities standard: Clarifying violations can occur at any time of the day if the noise unreasonably disturbs or interferes with the sleep, peace, comfort or repose of a person of reasonable sensibilities.

  • Location of reading: Revising location from the property line of the property receiving the noise to the property line of the property producing the noise.

  • Decibel level: Lowering from 70 decibels to 65 decibels.

  • Vibration violations: Revising requirements from adjoining properties to the affected property.

  • Penalties: The city may, by Chapter 54 of the Texas Local Government Code, bring civil action against a person violating a provision of this chapter. The civil action may include civil penalties of up to $1,000 per day.

Title 5 amendments

These provisions include:

  • Revising the definition of “Outdoor Area” to clarify that roll-up style doors, open doors and windows constitute an outdoor area.

  • Lowering the decibel level from 70 decibels to 65 decibels.

  • Expanding location requirement from 350 feet to 500 feet from residences.

  • Requiring written notice to neighbors expanded from 300 feet to 500 feet; written responses expanded from 150 feet to 300 feet.

  • Lowering revocation threshold from 10 citations to two citations.

  • Clarifying that the city may seek injunctive relief for violations under the Texas Local Government Code.

The ordinance does not apply to businesses within the designated boundaries of the El Paso Downtown Management District. However, if the district expands its boundaries, then businesses within any future expanded areas will need a permit if they meet the criteria.

More: City of El Paso proposes amendments to noise ordinance, sound amplification permit

More: El Pasoans may get to vote to eliminate mayor's veto powers during November election

Anthony Jackson may be reached at ADJackson@elpasotimes.com and @TonyAnjackson on Twitter.

This article originally appeared on El Paso Times: El Paso City Council to consider changes to sound ordinance Wednesday