HomeMy WebLinkAboutLetter Music Ordinance ParksDouglas A. Smith
6929 Golf Drive
Dallas, Texas 75205
May 18, 2004
Mr. Robert Livingston
City Manager
City of University Park
Dallas, Texas 75205
Dear Mr. Livingston:
I live in a home contiguous to Curtis Park. Recently, at approximately 8:08 on a
Sunday morning, our family was awakened by a drum solo coming from a sound
system that had been set up in Curtis Park. The sounds were louder than anything I
have ever heard coming from Curtis Park during the seven years I have lived there.
The drummer was soon joined by guitarists.
One or more of my neighbors went into the park and asked the group to turn down
their music. They refused. The police were called. The police dispatcher explained
to the callers that music was permitted in Curtis Park every morning beginning at
7:00 AM and that therefore, regrettably, the police could not help.
I called Amber Johnson in the University Park Parks Department the following
morning to discuss her understanding of University Park regulations. Ms. Johnson
related that it was her understanding that a public address system was not
permitted to be set up in a public park in University Park without a permit, in
which case the public address system could only be used during the hours specified
in the permit. Since the organization had received a permit to use Curtis Park only
between the hours of 10:00 AM and 2:00 PM, it was Ms. Johnson's understanding
that the organization was not permitted to play music using a public address system
before 10:00 AM. She was most apologetic and assured me that the Parks
Department would never intentionally consent to loud music before 10:00 AM on a
Sunday morning.
Later that day, Ms Johnson called back to report that she was able to find an
ordinance prohibiting the use of a sound system in Goar Park prior to 9:00 AM but
that she was unable to find any parallel ordinance for Curtis Park. However, it was
still her understanding that a Park Department Permit would be required to
operate a sound system in a city park which would only be good during the hours of
the permit.
Given the apparent ambiguity over the legal requirements for the use of a sound
system in a city park, I would suggest that the issue be resolved with a new
ordinance which would apply uniformly to all city parks. In my opinion, a permit
should be required to operate a sound system in a city park. The permit should
specify the hours that a sound system could be used. The permit should be required
to be available for police inspection during the event. In my opinion, the Parks
Department should be permitted to routinely issue permits for the operation of
sound systems during reasonable hours such as 8:00 AM to 8:00 PM during week
days; 9:00 AM to 8:00 PM on Saturdays; and 10:00 AM to 8:00 PM on Sundays. I
would suggest that permits for the operation of a sound system outside of the
specified hours could only be issued with the approval of the City Counsel.
Please consider this issue at your earliest convenience to reduce the chances of a
repetition of the unfortunate incident earlier this week.
Sincerely,
Douglas A. Smith