Council adopts noise ordinance clarifying 'plainly audible' standard for places of public assembly
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Summary
Broken Arrow adopted Ordinance 3901 to clarify disturbing-the-peace standards near places of public assembly, using a 'plainly audible' (reasonable-person) test rather than a fixed decibel threshold; council approved an emergency clause for immediate clarification of enforcement.
The Broken Arrow City Council on Tuesday adopted Ordinance 3901, which clarifies enforcement parameters for disturbing-the-peace incidents near places of public assembly such as community centers and event venues within 300 feet of residentially zoned areas.
City attorney Trevor (last name not given in the transcript) told the council the update is intended to resolve ambiguity about when loud events constitute a violation and to centralize recovery procedures. He said the ordinance keeps the existing exemptions intact (for example, city band performances in certain parks remain exempt) and replaces a fixed-decibel approach with a "plainly audible" standard that relies on what a "reasonable person of ordinary sensibilities" can perceive indoors with doors and windows closed.
Councilors asked how the standard would operate in practice. Trevor said the ordinance avoids a complicated decibel rule and instead uses plainly-audible criteria — for example, if "the bass rhythm or melody is clearly perceptible" inside a closed home for 10 minutes it would constitute a violation — adding that extraordinary hearing assist devices would not be considered in enforcement.
After discussion, a councilor moved to adopt Ordinance 3901 and the motion was seconded. The council also approved an emergency clause to implement the clarification immediately.
City staff said the change is intended to be content neutral and targeted at noise that causes sustained disturbance to nearby residents. The ordinance keeps prior exemptions in place so permitted events (such as certain city-sponsored performances) would not be automatically subject to enforcement under the new language.
Councilors said the clarification is meant to help residents understand enforcement and to give staff clearer parameters to address recurring complaints in residential neighborhoods near event venues. The council approved the ordinance and emergency clause; staff will publish guidance explaining the plainly audible standard and the existing exemptions.
