Music festivals’ definition refined

433

City Council’s Monday meeting was relatively short with many of the items on the agenda going straight to vote after discussion. The one item that took some time for aldermen to cover was changes to city code regarding amplified sound.

Amendments to code regarding amplified sound during city music festivals had been presented to council at their Sept. 27 meeting but had not been voted on with aldermen concerned that the changes would restrict restaurants having outdoor music at all times.

Ordinance #2315 defines a music festival as a city approved multi-day series that is partially, but not exclusively, presented on public property. The ordinance states that the mayor, clerk, and city can issue a permit for a restaurant with outdoor seating zoned C-1 or C-2 to play music during an approved music festival. That music can last until midnight and be no louder than 85 decibels as measured by a sound level meter.

Code is not changed in regards to restaurants zoned C-3 or “Quiet Commercial” in that they are still restricted to music that does not exceed 60 decibels as measured from the property line.

The ordinance also does not change city code in that businesses with outdoor seating and a restaurant license can have music that does not exceed 65 decibels until 10 p.m. The ordinance included that measurements of sound would be taken from the property line of the business, which is in the original code but was more clearly defined in the revisions.

There was continued concern by aldermen on how this ordinance would relate to the sound ordinance. Alderman Terry McClung mentioned that this was amending code that the original ordinance had created and City Clerk Ann Armstrong said that this only clarified what a music festival is and when a restaurant could apply for an amplified sound permit regarding those festivals.

McClung voiced his support of the ordinance and that this version was better broken down than the last one. A vote to approve passed unanimously.

Other Items

  • Resolution #808 passed for the city to pay its portion of the district court judge’s salary in an amount of $8,378.57. Such a resolution is passed annually and the salary of the judge is split among Eureka Springs, Berryville, Green Forest, Huntsville, Carroll County, and Madison County.
  • Aldermen approved the renewal of Joe Gunnel’s tram tours. Mayor Butch Berry said that the contract was the same as years past and the tours have been performed without complaint.
  • Aldermen approved vacating of a portion of Owl Street that shares space with property lots. Sections vacated have been given to the landowners of said lots.