After being contacted by Midtown residents about possible noise violations, CM Erica Gilmore asked for clarification from Metro Police on the situation. Here is the e-mail response from Metro Police to the Metro Council Office's inquiry (spelling errors left in):
For a long time now it was believed that The Boundary was within the CC and CF excluded "entertainment zone" which would make them exempt from the Noise Ordinance. I am sure that the Boundary manager would also assume that they are as they are so very very close. After taking a second look it does appear to me that the actual "exempt zone" is actually in-between Scarritt Place and Edgehill and then 21st and 16th. That would place The Boundary just barley half a block north of the "exempt zone", just technically outside the protected zone [actually, The Bound'ry is one and a half blocks from Scarritt Place]. On the other hand I would say this---- Boundary has played this music at this loud level for years and persons have always accepted it as part of the bar/entertainment district and also a part of urban living. I suggest that the midnight officers that will be checking on this be accompanied by a Sergeant as I am sure the Boundary management will be very unpleased with this enforcement action. I would suggest that the midnight supervisor take a copy of the Noise Ordinance to point out the correct geographical area. It may also be wise to issue warnings so all parties can become educated to the ordinance itself and also get used to it's enforcement.I would question the conclusion that Midtowners have already accepted it. I've already located a 1987 note that residents did not accept it, and I bet that more evidence exists. More to come.
ORDINANCE NO. BL2001-772 (GENTRY) – This ordinance amends provisions relative to the
ReplyDeleteexcessive noise ordinance by expanding the exemption areas. In 2000 the council amended the
excessive noise ordinance to prohibit operation outdoors of musical instruments and other entertainment
that used amplification that were within fifty (50) feet of residences, parks or greenway areas unless
such use was in a totally enclosed structure. Property lying within the CC and CF zone districts as of
November 2000 were exempted along with property in the Music Row and Vanderbilt University
areas. This ordinance will extend the expanded areas along 21st Avenue South to Edgehill Avenue to
15th Avenue South, which is similar to the other expanded properties that are outside the CF zone
district in the Music Row/Vanderbilt areas.
---the email you posted is incorrect. They are in the expemption zone.
I suggest you take it up with the police.
ReplyDeleteThe Bound'ry and the residents seemed to have reached a mutual understanding, which includes the containment of noise to the restaurant.