The Hillsborough Board of Commissioners discussed potential changes to the town’s noise ordinance on Monday, providing feedback to optional amendments brought forth after complaints from residents about loud music.
Prior to the COVID-19 pandemic, the ordinance fell under scrutiny following complaints made to Hillsborough Police about music levels at the Hot Tin Roof bar on West Margaret Lane. Since then, such issues haven’t been brought up downtown since public health guidelines caused restrictions to be set in place for bars and restaurants. Chief of Hillsborough Police Duane Hampton brought some potential changes to the board on Monday, however, to begin reconsidering the town law before such businesses see another level of reopening.
Hampton detailed some ideas during the virtual meeting meant to address when live music is played downtown into later hours of nights, with a focus on music coming from indoors. Scrapping the town’s current enforcement based on tiers of audio volume, the police chief offered an option of not allowing any amplified music past a certain decibel level depending on the time of day. While loud sound would be allowed up until 11 p.m. or midnight, any amplified music heard from residential properties after that time would violate the ordinance.
Hampton also detailed a potential civil penalty scale for such violations.
“If a place is in violation for the first time in 12 months, it’s a $50 fine,” the police chief said. “The second time is $100, third time is $250 and the fourth and subsequent times in a 12-month period would be a $500 fine. We’ve made language in there too that says if a business is in violation, we’ll go and tell them. But [if] they continue, we’ll treat it as a new violation.”
While the board of commissioners took no action on the drafted changes, all members shared their thoughts. Commissioner Kathleen Ferguson expressed concern about the civil penalty scale, citing her belief in protecting businesses from further financial stress whenever restrictions from the pandemic are eased more. She also said she worries the penalty scale could be abused if the same resident or group of residents frequently call to report the same business.
Ferguson also said she believes a further restriction on noise output could lead to Hillsborough being a place live musicians steer away from.
“We already have a bad reputation in the music and band scene,” said the commissioner. “If we have to dampen [their amplification], it will be devastating. We won’t get the quality of bands we used to have and some of them have already written us off.”
Commissioner Matt Hughes also shared concerns about the penalty scale, the midnight cutoff determining a violation and changing a town ordinance to address one specific case. He said Hot Tin Roof has made changes to now dampen its sound and stressed that in a town experiencing growth of a downtown after-dark scene, live music is a key part.
“We’re not seeing this pop up all over town in other venues,” said Hughes. “I’ve heard from other business owners who say, ‘when they say my music’s too loud, a neighbor gives me a call and I turn it down.’ I think it’s an issue of both small-town charm and the economic and cultural vibrancy we want. Maybe in some respects, we’re kind of a victim of our own success.”
Commissioners Mark Bell and Evelyn Lloyd, however, both expressed their views on why such changes to the ordinance are necessary. Lloyd said she has heard worries from residents beyond Margaret Lane, indicating how far the live music can travel. She also said when the historic Colonial Inn on West King Street opens later this year and holds events with music being played, there could be instances where the Hot Tin Roof’s music plays over the inn’s.
Bell also voiced concern about potential guests at the Colonial Inn being able to hear music from West Margaret Lane as they tried to sleep.
Hillsborough Mayor Jenn Weaver provided a broad perspective to the discussion, saying such a change to the ordinance would need to reflect the board’s vision for further growth in the town. She said while this change is being spurred from one specific complaint, it would also need to be enforced if growth happens away from downtown residential areas, like along U.S. Highway 70.
“Part of what we have to do as a board is think into the future and what we’re planning for the future,” Weaver said. “There’s this one particular spot that has sparked this discussion, but we have to think about how this ordinance would apply across town.”
Other elements discussed by the board were how audio levels could be measured from the property of the reporting residents and a potential appeal process for violators to come before the commissioners to plead an individual case. Hillsborough’s current noise ordinance was enacted four years ago.
The Hillsborough Board of Commissioners’ next meeting will be held Monday, November 9.
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