Knoxville musicians, protesters could be hushed by amplified sound ban

Ryan Wilusz | Knoxville

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After passing its first reading, an amendment to the Knoxville's noise ordinance could ban amplified sound on all public property if it gets enough votes next week.

The amendment, which passed by a 7-1-1 vote at the city council's June 5 meeting, will be voted on again June 19.

Downtown Coordinator Rick Emmett said the amendment primarily affects street musicians using amplifiers and people "trying to get across a message."

"We've had electric guitar players sitting outside music venues," he said. "People are standing in line, and (the musicians) are busking. It's loud. It's just one of those annoying things."

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Andrew McNair, assistant general manager of the Bijou Theatre, said he recalls a couple of musicians playing outside the theater but does not believe anyone has complained to management.

"It’s never been a nuisance, but it depends on the demographic that is at the show," McNair said. "If it’s a rock concert, then people in line might not mind it. If it’s a symphony, then they might.”

The ban also would prevent people from using megaphones, Emmett said.

Emmett said anyone using amplified sound in an unauthorized place would be asked by police to stop. If the person did not, police could give a citation, he said.

The amendment would not apply to devices such as Bluetooth speakers because they do not use an amplifier, Emmett said.

The current Knoxville decibel level law bans any airborne sound on public property that is more than 65 decibels. It also bans impulsive sounds, such as gunshots, that are more than 80 decibels.

Expanding the ban

Emmett said that such a ban has existed in Market Square for years. Officials considered expanding the ban only to downtown, but "it’s hard to just say we should do it in this area or the other area," Emmett said June 5.

Part of the reason the amendment is being considered is to assist police officers in enforcing the noise ordinance.

"We thought it would just be a smart idea to banning amplification citywide," Emmett said. "That way, the officers know exactly what the situation is and everyone else does as well."

The only time a person can use amplified sound in Market Square is with a special event permit, Emmett said. If the amendment passes, this would apply to all city rights of way and public property, including parks and sidewalks.

Emmett said he believes an individual could apply for a special events permit for personal use but likely wouldn't because of the fees.

Jesse Mayshark, the city's communications director, said people can apply for noise permits. However, these permits typically are for events on private property that will exceed decibel limits.

Free speech concerns

Councilwoman Seema Singh-Perez said at the June 5 meeting that she was worried the amendment could affect free speech.

“I know there have been incidents that have been annoying and have been a nuisance, but to me, this is public property and the public has a right to speak," she said. "It feels like an infringement on the First Amendment. And I think we have to deal with some annoyance if we’re going to have the right to speak.”

However, Knoxville Police Department Chief David Rausch said the amendment does not target specific speech.

"It has nothing to do with what they’re saying or how they say it, this is just the manner of which they amplify it," he said. "Under the First Amendment and under the rights of the city, we have the right to address time, place and manner, which we do all the time. So, we’re certainly protectors of the First Amendment … this doesn’t infringe upon that."