Remember the story about the noise complaint at the bar Walter’s on Washington that turned into a national YouTube cause celebre when the police got a little overenthusiastic? Sure you do – the background is here and here if you need a little refresher. Well, someone had to have called the cops in the first place, and as you might imagine there was no love lost between the homeowner and the bar owner prior to that. The Chron has the story, about which I want to make a couple of points.
“It’s not really the noise level,” Scott Peveto said. “It’s actually the bass that becomes so obnoxious and obscene that our windows shake and the glasses in our cabinets are clanking together.”
One month after a loud-music complaint ended in a controversial scuffle between Walter’s patrons and a Houston police officer, the noise hasn’t decreased, the Pevetos said. Both parties blame Houston’s lack of zoning for their conflict. Police, however, say that just because the bar was there before the Pevetos, Walter’s doesn’t have a right to violate the city’s noise ordinance.
Walter’s owner Pam Robinson said it’s hard to sympathize with the Pevetos because her bar has been a live-music venue at 4215 Washington for six years, long before the Pevetos bought their home.
“I do have sympathy, but these people never talk to me personally. They just call police,” said Robinson. “I don’t think that’s neighborly. It seems they have the intention of running me out of business.”
As I’ve said before, I generally don’t have a whole lot of sympathy for the homeowners in this situation. They should have been better informed. Obviously, Walter’s should obey the law, and if they don’t, then the law should be enforced. But what I take away from this, once again, is that one really needs to know what moving into an area like that, where one is close to commercial establishments, means before buying.
Our neighborhood has had to deal with noise issues recently, with the bars being the newcomers in this case. There was a sometimes-contentious civic association meeting with the bar owners a couple of months ago to talk about the complaints. I haven’t heard anything since I attended that meeting, so perhaps things are better now. I do think some talk between the Pevetos and Ms. Robinson would have been wise (and still would be), but I think it’s safe to say that each side has some knowledge of the other’s position by now. Is it just one household that’s complaining? (One of their neighbors doesn’t seem to exercised about the noise, it seems.) If so, and if Walter’s is obeying the city noise ordinances, then maybe the Pevetos need to invest in their own soundproofing. If not, then Walter’s needs to be held accountable.
Other local venues have had similar battles with residents in gentrifying neighborhoods. The Montrose club Helios recently stopped live-music performances after townhome residents complained. Police say clubs must comply with noise ordinances regardless of whether they have operated before residents moved into the area.
“I don’t think the ordinance made exceptions for who was there first,” said Houston Police Capt. Dwayne Ready. “That’s one of the hazards of living in a no-zoning environment. Everyone has to live by ordinances.”
And the lack of zoning, which means you can have a “quiet neighborhood” right next to a busy entertainment area, adds to the housebuyer’s burden in Houston. In the end, though, either Walter’s is obeying the law or it isn’t. Do the Pevetos need to be told to live with it, or does Walter’s need to be told to turn it down? I note that Captain Ready doesn’t really answer that question. You can read this story as “cranky neighbors overreact to law-abiding establishment”, or as “outlaw bar takes advantage of lax noise-ordinance enforcement”. It’d be nice to know which interpretation is closer to the truth.
By the way, in that earlier post on bar noise and homeowner complaints, the two Houston Press links have gone bad; apparently, they’ve redone their archives. The stories are now here and here. Meanwhile, Blue Bayou gives his take on the situation.
What does the noise ordinance actually say?
Two things pop into my mind reading this. First, I saw a panel discussion on freight transit in Houston, and one of the panelists was from a railroad company (I can’t remember which company he represented). Anyway, he mainly spoke of the difficulty of changing the rail system in Houston (even more difficult that the huge rail project in Long Beach, for example). While the rail-lines are basically fixed, Houston continues to chage around them. This leads to, you guessed it, noise issues. He specifically spoke of complaints from residents in West U, where a line has existed for decades. The residents next to the line always complain about the noise (which includes mandated horn soundings). The rail executive’s response was, well, we were there first and we can’t move the tracks.
When I lived in Portland, Oregon, the NW part of town was densely populated with mid-rise apartment buildings and also had lots of bars and clubs. The clubs always had lots of signs up reminding patrons that they were in residential neighborhoods and that when they walked out the door, they needed to be quiet and respect the neighborhood. There was some conflict, but there did seem to be an awareness of the need of clubs and club patrons to not be loud in the streets.
Since the Chronic and other papers derive their revenue and livelihood off of commercial establishments like this, I’d be inclined to hold them responsible for the problem too.
You can find a PDF of the text of Houston’s noise ordinance here:
http://www.houstontx.gov/codes/chapters26to30.html
It’s a pretty weak law, IMHO. I’ve had a lot of trouble with a couple of establishments in my area, and there’s not a lot the police can do. That said, if a business is causing a lot of trouble, you do need to call the police every time so there’s a log (and keep one yourself). This can come in handy when the business’s liquor license is up for renewal–it’s the best leverage you’ve got.
I was told by a police sergeant that bass levels are a different matter. If you can feel vibrations in your home, it doesn’t matter if the decibels are above the limit or not. Just make sure you ask the responding officer to come into your house and verify that s/he can feel the bass.
Here’s a question – why do people insist on moving into heavily-populated areas of Houston and then demand that the area conform to their lifestyle?
If you don’t like the noise – DON’T MOVE-IN NEXT TO IT.
The point is, the law needs to be changed. Within reason, bars/clubs that have operated before the prevalence of newly constructed developments should have certain rights regarding acceptable noise requirements. If a company has the right to barge into a neighborhood, buy out/tear down some of the best aspects of Houston, build a series of horrific, homogenous cubic monstrosities called “townhomes”, while circuitously attempting to bring other nearby businesses down through the use of cronyism or calling in noise violations or whatnot, then why can’t a business simply run its business?
And, in response to Andrea’s post, your “tips” on acting as a concerned citizen (read: bored tattle-tale), so us all a favor and build yourself a soundproof home – and never leave it.
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