News

Council to Discuss EMS and Noise Rules in Texas

James Draper

06/23/2014

June 21--City council members have heard fairly regularly commentary on the City of Kilgore's noise ordinance since adopting the most recent version of the regulations in August 2011 -- however, there's been no prolonged, public discussion on the topic since that unanimous vote.

Come Tuesday, the current roster of recently-reshuffled council members will weigh in on the ordinance in a public workshop following their regular 5:30 p.m. meeting at City Hall (815 N. Kilgore Street). A discussion about Emergency Medical Services is also on tap.

The noise ordinance has been a recurring topic in the "Public Forum" portions of the council's regular meetings due to the ongoing dispute between certain South Street residents and the neighboring Back Porch Restaurant.

Earlier this month, Kilgore Municipal Court Judge Glenn Phillips dismissed two complaints filed against the eatery on the grounds the longtime critics of the Back Porch's outdoor stage had no hard evidence (i.e. decibel readings) the Broadway Boulevard had violated the ordinance but for one occasion. That incident, from August 2013, has already been addressed by the court and Back Porch owner and operator Jackie Clayton.

Council member Lori Weatherford, new to the office since the city's May 10 election, attended the June 2 hearing on the two complaints and subsequently asked Kilgore City Manager Scott Sellers to put the noise ordinance on the workshop agenda.

"We just need to look at that ordinance and look at some of the things others have done and make sure we're doing the best that we can with a difficult subject," Weatherford explained Thursday. "The last thing I'd want is to live in a town where people feel that they can't live an exuberant life for fear that they're violating some kind of ordinance, but at the same time I don't want people to feel that there's no peace and quiet ever in their life."

In a follow-up opinion on the dismissal of the case, Phillips noted the noise ordinance -- as currently written -- contains an apparent typographical error in addition to a two-pronged test for a violation.

According to the city charter (Article 8.03, Section 2) "...The following acts are declared to create loud, disturbing and unnecessary noises in violation of this section: (1) Operating or permitting to be operated any radio receiver set, musical instrument, television, phonograph, car or other stereo, CD or tape player, drum machine or other such device at a level in excess of 85 decibels at a distance of 50 feet from the property line particularly between the hours of 10:00 p.m. and 7:00 a.m. in a manner that unreasonably disturbs or interferes with the peace, comfort and repose of people or ordinary sensibilities in the vicinity."

From Phillip's opinion, the final portion of the section was likely intended to read "....of people of ordinary sensibilities in the vicinity." Likewise, per his dismissal, the code currently determines a sound violation is one that both exceeds 85 decibels in the noted time period and also disturbs residents "peace, comfort and repose." In the most recent complaints concerning the Back Porch, neighbors allege their peace has been disturbed, but there can be no conviction without an objective, official decibel measurement, he wrote.

"We will bring it back to discuss Judge Phillip's ruling in municipal court as it relates to the current ordinance," Sellers said. "We will determine whether or not the council is satisfied with the ordinance as written or if they feel an additional amendment needs to occur."

The ordinance warrants additional scrutiny, Weatherford said.

"It needs to be as clear as possible so people understand that they are obeying it or not. It needs to be at least all sides considered, of the different ways it can be looked at," she explained. "One person's interpretation of a phrase may not be the only interpretation there is ... That's what ordinances are for, to find a balance."

Weatherford also request the EMS discussion be included in the workshop -- currently, the City of Kilgore is in year six of a 15-year 'Ambulance Services Support Agreement' with Champion EMS to provide "ambulance services and emergency medical care to its residents and those residents in the immediate surrounding area."

According to the current agreement, signed by former Kilgore Mayor Joe Parker on Oct. 14, 2008, the contract is effective Oct. 1, 2008 through Sept. 30, 2012 "unless sooner terminated, amended or extended..."

Weatherford says her interest in the EMS issue stems from feedback she's received from various residents who have used the service.

"People think that they could have been treated better and received better service. We're going to talk about it and see if there's some better options," she explained. "We want to see what service level that we're getting and see how we can improve it."

Weatherford said she has no particular end-result in mind for the discussion -- Tuesday's workshop is an open meeting, but no action can be taken by the council members.

"I think that we just need to wait for the workshop and see what comes out of that. See how it goes," she said. "I have some thoughts, but mostly I have questions."