Bartonville Council adopts new noise ordinance

With a large crowd in attendance, the Bartonville Town Council adopted a new noise ordinance at Wednesday night’s special meeting.

The town’s previous noise ordinance was adopted in 2005 and was listed under the town’s zoning code. The new ordinance is more extensive and will be listed under offenses and nuisances.

The main difference between the two ordinances is that the proposed one includes maximum decibel levels for residential, commercial and industrial properties for daytime and nighttime. Violators of the new ordinance will be charged with a misdemeanor.

The town’s noise ordinance has become a contentious issue since the Marty B’s restaurant opened in Bartonville on FM 407 a year ago because of the popular eatery’s live outdoor music on weekends. Owner Marty Bryan has made several improvements to help contain the sound within the restaurant property, but many Bartonville and Lantana residents have said the volume is still too loud at their homes.

The council chambers were packed with Lantana and Bartonville residents at Wednesday night’s meeting. Many told the council that aren’t opposed to the Marty B’s restaurant itself, “but the noise has become a nuisance,” said Lantana resident Lindy Fisher.

Fisher said that Thursdays through Saturdays at her house, it sounds there’s an outdoor concert two doors down, rather than across 407. She acknowledged that Bryan has tried to remedy the situation, “but unfortunately, it’s not working.”

Fisher and her husband, Charles Fisher, said they’re hopeful the new ordinance will make a difference.

“If it’s enforced, it should help dramatically,” Charles Fisher said.

Bryan said he was not opposed to a new noise ordinance, “I just wanted one that would be fair and would allow me” to continue putting on live music.

“With the way it passed, although it’s not completely favorable to me, I will be able to live within the limits set by the council,” Bryan said. “I will do my best to continue to provide a great place for customers to enjoy, and I will continue trying to be a good neighbor.”

The policy listed in the amendment says the town aims “to minimize the exposure of citizens to excessive noise … It is the express intent of the town to control the level of noise in a manner which promotes commerce; protects the sleep and repose of citizens; promotes the use, value and enjoyment of property; and preserves the quality of the environment.”