Corrective Ordinance Lacking

Corrective Ordinance:
Anticipated here on February 11th and February 16th, a Corrective Ordinance to the brand spanking new “Live Music & Temporary Event Ordinance” has been posted, for the March 3rd Austin City Council meeting.

Based on the memo from Brent Lloyd (512-974-2268) to ordinance sponsor Mayor Pro Tem Mike Martinez, the item appears certain to pass. See Item #15, Backup Material:

3/3/2011 – Regular Meeting of the Austin City Council - Draft Agenda
* Draft agendas are subject to change without notice.
Planning and Development Review
15. Approve an ordinance amending City Code, Section 9-2-30, relating to decibel limits for outdoor music, and declaring an emergency.
backup icon Backup Material

Corrective Ordinance, as proposed:

“AN ORDINANCE AMENDING CITY CODE SECTION 9-2-30 RELATING TO DECIBEL LIMITS FOR OUTDOOR  MUSIC; AND DECLATING(sic) AN EMRGENCY (sic).” BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF AUSTIN:
PART 1.  Subsection (C) of City  Code Section 9-2-30 (Decibel Limits for Outdoor Music) is amended to read:
(C) The decibel limits prescribed under this section must be measured : (1) with a decibel meter approved by the music office; and (2) from the location of the sound equipment on the property or site where the permit is issued.
PART 2.   The city council finds that the need to clarify the City’s noise regulations constitutes an emergency. Accordingly, this ordinance takes effect immediately upon its passage for the preservation of public peace, health, and safety.”

Correction doesn’t catch all “mistakes”:

I expected the correction to show up on the February 17th Agenda, but that didn’t happen, for some reason. Then, I could have sworn that the Council Calendar had February 24 listed as a regularly scheduled meeting date, but when I checked, that date is shown as Cancelled, so March 3rd is the date this will go into effect. Maybe that’s a good thing. After all, that would allow time for additional corrections to be made, were additional “mistakes” to be brought to the Council’s legal advisor’s attention.

Because although this correction addresses one glaring mistake (or blatant attempt at inclusion – you can decide for yourself), it dosn’t go far enough. Several other amendments to the existing Code that were introduced in the new ordinance, are also in need of correction. More in the next installment. Stay tuned.

Leave a Reply