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Arkansas Music Pavilion Sound Carries In Rogers

Posted: July 20, 2014 at 1:30 a.m.

FILE PHOTO BEN GOFF • @NWABenGoff The Walmart Arkansas Music Pavilion in Rogers is general a few noise complaints since opening June 7. City officials said they are satisfied the construction process did everything it could to block the sound.

ROGERS -- Live music arrived in Rogers six weeks ago with the completion of the Walmart Arkansas Music Pavilion, but sound from the outdoor venue is carrying beyond the fence.

At A Glance

Noise Ordinances

Northweset Arkansas noise ordinances carry exemptions for emergency vehicles, tornado sirens and other emergencies. Three of the four larger cities in Northwest Arkansas set decibel limits on sound. A measure of zero decibels sets the threshold for audible sound.

• Bentonville

From 7 a.m. to 10 p.m. residential areas in Bentonville have a limit of 60 decibels, commercial areas 65 and industrial areas 70 decibels. After 10 p.m. until 7 a.m. the levels change to 55 decibels in residential areas, 60 in commercial and 65 in industrial areas. A series of conditions are prescribed for measuring decibel levels. Restaurants and nightclubs are considered commercial for noise ordinance purposes. Unreasonable or excessive noise is generally prohibited. Aircraft are exempted from city ordinance.

• Fayetteville

From 7 a.m. to 11 p.m. residential areas in Fayetteville have a limit of 60 decibels, commercial areas 75 decibels and industrial areas 80 decibels. After 11 p.m. to 7 a.m. residential areas have a limit of 5 decibels, commercial areas are set at 70 decibels and industrial areas 75 decibels. Restaurants, clubs, dance halls and other performance areas are designated as commercial under the noise ordinance.

Unreasonable or excessive noise is prohibited. Radio, television or other audio devices are counted if disturbing the peace if the sound is plainly audible from a distance of 150 feet or more. Athletic and school events are exempted as are aircraft or special permit holders.

• Springdale

From 7 a.m. to 11 p.m. residential areas in Springdale have a limit of 65 decibels, commercial areas 75 and industrial areas 85 decibels. After 11 p.m. to 7 a.m. residential noise is not to rise above 60 decibels, the commercial limit is set at 70 and industrial at 80 decibels. The ordinance includes fines of $150 to $250 for the first offense, $500 to $1,000 for a second offense and not less than $2,000 for a third offense. School facilities and Rodeo of the Ozarks events are exempt from the noise ordinance.

• Rogers

Unreasonable or excessive noise is generally prohibited in the Rogers noise ordinance, passed May 27.

Sound plainly audible from 50 feet or more boundary line of any private property is prohibited. “Plainly audible” is defined as a volume above that of normal conversation.

Public address systems are restricted to 8 a.m. to 8 p.m. in residential areas, from 8 a.m. to 11 p.m. Sunday through Friday and 8 a.m. to midnight on Saturdays.

City ordinance exempts school events, special permit holders and “Any commercial facility whose primary business is the production, display and promotion of musical events and whose permanent facility and primary structure has been designed and built with such inherent architectural, design, landscape and topography measures as to reduce sound to minimally intrusive levels.”

• Alcoholic Beverage Control Board

The state can investigate any holder of an Alcoholic Beverage Control permit may for excessive noise or loud music that constitutes a disturbance of the public peace under its “good neighbor” clause.

Source: Staff Report

To read the sound study on the Walmart AMP, go to www. nwaonline.com/documents.

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