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Mister Glister

Last Updated: 11/23/2009

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Status: Divorced
City: AUSTIN
State: TX
Country: US
Signup Date: 2/16/2008

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Monday, November 02, 2009

Austin City Council voting to ban music on watercraft

Please help by emailing or calling the mayor and city council members:

http://www.ci.austin.tx.us/council/

Here's what I wrote:

As a concerned citizen and recreational boater on area lakes, I am writing you today to express my opposition to item 26 'Approve an ordinance amending City Code Chapter 9-2 (Noise and Amplified Sound) relating to noise from sound equipment to include watercraft; and creating an offense.' on the agenda for the next scheduled council meeting, 11/5/2009. I am against amending the noise ordinance as proposed for the following reasons:

1) It is impractical since unlike motor vehicles, most watercraft are not equipped with an enclosed cabin to dampen sound. Music played at normal conversational volumes in a watercraft will be audible from 100 feet. For example, if the noise is only 60dB (normal conversation level) at a distance of 6 feet from the equipment inside the boat, then it will still be 35 dB at the 100 foot distance and easily head, and therefore an offence under the proposed ordinance.

2) The definition of 'audible' is not defined in the amendment. Human perception of sound varies greatly between individuals. The amended ordinance would depend upon the hearing sensitivity of the citing officer. The scientific definition for audible sound is the threshold of hearing at 1Khz, defined as 0dB. For a watercraft user to be assured of lawful operation of their sound equipment (0dB at 100ft), they could not have it louder than a whisper (24 dB at 6 feet).

3) There is no allowance for determining noise from other sources or multiple sources, which will be the typical condition given the boat traffic and exhaust noise.

I believe the City Council can create a reasonable ordinance to address noise complaints on lakes in its jurisdiction, however this proposed amendment is not it since this effectively bans music on watercraft. Banning musical performances on watercraft will severely impacts the citizens rights to expression, free assembly and equal access to public resources.

An amendment that protects reasonable use of the lakes by recreational boaters would have time restrictions and verifiable levels for enforcement (e.g. limit is 85 dB reading at distance of 100 feet from the hours of 10am -10pm). The use of decibel meter for monitoring and reasonable time restrictions is mandated in other portions of noise ordinance, so I believe it should be included in any amendment pertaining to watercraft.

Please vote no on this item, or at a minimum, schedule a public hearing.

11:57 PM

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