LOUISVILLE, Ky. — The Louisville Metro Government hoped a noise ordinance would address late-night violence, but some bar owners say the noise isn't the problem. Residents have pushed back, but it's hitting the bar's bottom line.
"Not only is there a potential $2500 fine, they have to hire an attorney. One of our members, in fighting a noise ordinance in the past, spent $14,000 in legal fees," spokesperson for The Louisville Hospitality Association Sean Vandevander said.
The group represents nearly 60 restaurants and bars in the city. Their frustration over a city noise ordinance, effective a year ago, comes from the fact no sound equipment is used to measure the levels when they get complaints.
Taj Gallery in NuLu is the latest business with the association challenging the fine they received from the metro's Alcoholic Beverage Control (ABC).
ABC's documents show when detectives arrived back in January they heard the music about six doors down at NuLu Marketplace.
"Bars are scared to hire musicians. Musicians are troubled because they can't get booked at the rates they used to," Vandevander said. "Certain bars don't know what timelines there are. That's one other thing we're calling for is a time guideline."
The association says the time guidelines weren't always this unclear.
"We need to have a quantifiable noise ordinance," association president Cres Bride said. "The noise ordinance does not need to be arbitrary like it is right now."
They want to change it so the rules specifically state a maximum volume — measured in decibel level — 100 feet away from a business.
Currently, measuring the sound comes down to the human ear. It's up to the discretion of ABC officers on the scene of a complaint.
The regulation states businesses are fined $2500 for noise "plainly audible at a distance of 50 feet from its point of origination."
That's a zero-tolerance policy, without a warning.
However, one city official told us first-time offenders have the fine lowered to $500, but the business group thinks that's too expensive.
Councilman Ben Reno-Weber is drafting more specific regulations and seeking community input.
"Let's just give everyone clarity around what they can expect which allows restaurants and musicians to self-police and the neighbors to know what they can expect," he said.
He also promised a draft will be ready this fall and that listening sessions will let business, neighborhood and musician associations weigh in.