New Ordinance Could Bring Fines for Excessive Noise: “We Don’t Need to Put Up With This.”

Del Rio Police Chief Frank Ramirez addresses citizens at a public meeting to discuss a new ordinance that would provide police officers more power to enforce the new law.

The City of Del Rio is considering enacting an ordinance, or local law, that would define how loud certain noises, like car mufflers or backyard music, can be before they’re considered a nuisance. The ordinance would also provide a clear guide for the enforcement of the code by officers. The City says its goal is to promote public comfort and health with the acceptance of this ordinance.

In 1989, the Supreme Court stated that governments have a “substantial interest in protecting citizens from unwelcome and excessive noise due to its potential negative impact on health and well-being.” And although a few state laws relate to noise, meaningful regulation is generally left to local governments. 

At a public meeting about the ordinance on Tuesday, the City’s planning and zoning director, Janice Pokrant, reports rising complaints about noise in the last few years. The City also reports that current tools, like state disorderly conduct laws, are no help when it comes to enforcing some kind of peaceful conclusion when they answer a call about a noisy situation. And even in the case of repeat-disturbances, not much has been able to be done.

This is how the ordinance would change everything. A range of acceptable and unacceptable noise levels — different for day and night time, and measured in decibels (dBA) — would be codified into law. When a complaint is received, an officer would arrive to the scene and use a certain amount of judgement about the noise level. If the noise level is beyond what a “reasonable person” would enjoy, and/or exceeds the decibel limit as measured by a calibrated metering device, the noise is an enforceable offense that could result in a fine up to $500. 

But there are exceptions. School functions like sporting events or graduation ceremonies would be exempt. Daytime property maintenance work would be allowed. Church bells, government work, and emergency sounds would also be exempt. And, of course, city-permitted special events like parades and concerts would be exempt from enforcement under the ordinance. 

For construction noise, the ordinance actually covers particularly specific terms. Construction noise is permissible Monday-Saturday from 7AM to 8PM, with a limit of 85 dBA. Construction noise would not be allowed on Sundays or holidays, unless permission is acquired. Further exceptions are possible, however, by request and condition. 

At the public meeting, Del Rio Police Chief Frank Ramirez shared his thoughts with citizens.

“The main purpose is to address the noise that is unacceptable, like mufflers that nearly give you a heart attack when they drive off next to you,” he said. “We don’t need to put up with this. It’s not right and it’s something we need to address.”

One citizen directed a concern to Chief Ramirez, posing the idea of the potential abuse of such an ordinance by people who call officers out to a scene frivolously, or perhaps as a way to unleash officers on a fellow citizen needlessly. Chief Ramirez stated such "naggers" have always existed, but that he doesn't foresee such a problem.

Another citizen cited a Texas law relating to noise as a public disturbance, claiming that a local ordinance would be redundant. Police Chief Ramirez explained, mirroring Pokrant's talking point, that the state law is vague and nearly impossible to enforce which renders it practically useless.

According to Director Pokrant, most Texas cities already regulate noise more comprehensively and allow for meaningful enforcement. This ordinance, as outlined, would essentially adopt already widely accepted noise regulations as most municipalities in Texas. 

Reassuring citizens about the intention of the police department with these added provisions of power, Chief Ramirez said, “We’re not here to make anyone’s life harder.”

As for the likelihood of the ordinance draft becoming law, the City frames the effects it will have as generally positive. It seems they’ve concluded it’s benefits for the community already. There is opportunity for further public input, however, at a city council meeting on May 27th at 6:30PM, 109 W Broadway Street.