Legislative panel considers decibel limits and zoning limits to curb downtown amplified sound

At a Feb. 5 meeting, the Clarke County Legislative Review Committee discussed proposed changes to the county’s noise ordinance aimed at addressing commercial amplified sound in mixed-density residential (RM) and downtown commercial areas.

Senior Attorney Courtney Davis reviewed the ordinance and said the panel could expand applicability beyond single-family zones to RM districts so residential uses in mixed areas receive protection. "One potential modification would be to expand applicability to include mixed-density residential (RM) zoning districts," Davis said, adding the committee should ensure changes are practical and enforceable.

Committee members pressed on potential impacts to longstanding businesses. Commissioner John Culpepper questioned whether extending restrictions to RM districts could harm businesses that predate nearby residential development, saying the ordinance as drafted would apply by zoning classification rather than distinguishing existing uses.

Solicitor Will Fleenor walked members through enforcement data from 2024 through early 2026 and the existing penalties, noting a limited number of citations during that period. He said the ordinance currently ties enforcement to the individual cited rather than the property, which can dilute deterrence where occupants change. "First offenses carry a $250 fine and subsequent offenses issued to the same individual carry a $350 fine," Fleenor said.

David Lynn, Director of Planning and Outreach for the Athens Downtown Development Authority, told the committee that the absence of downtown citations likely reflects limitations in the current standard. He described a recent downtown incident in which responding officers told him the amplified sound fell within the "normal course of business," limiting the ability to enforce under current language.

Deputy Chief Attorney Austin Jackson warned that an outright prohibition on amplified sound in public rights-of-way would trigger First Amendment scrutiny. Any restriction on public-space amplification, he said, would have to be content-neutral and narrowly tailored and must allow alternative means of expression.

Davis cited the Grady court decision upholding the constitutionality of the county’s ordinance and noted the usefulness of the "plainly audible" test in sound-rich downtown environments. She proposed a hybrid approach that would retain the plainly audible standard while adding a maximum decibel threshold based on public-health considerations. "Such thresholds are typically based on levels associated with potential hearing damage," Davis said.

Commissioner Stephanie Johnson raised concerns about the reliability and legal admissibility of decibel readings. Fleenor acknowledged practical challenges, including isolating a source in dense settings and ensuring devices are certified for court evidence, but said an objective decibel limit could help address extreme cases.

Committee members asked staff to research specific decibel thresholds used in comparable jurisdictions, the operational implications for enforcement officers and legal analysis of distance- or audibility-based rules versus zone-specific changes. Chair Commissioner Carol Myers said the committee wants revisions that are legally defensible and operationally feasible.

Votes at a glance: - Approval of minutes (Dec. 4, 2025): Motion by Commissioner Allison Wright; second by Commissioner John Culpepper; approved unanimously. (Transcript does not list a roll-call tally.) - Adjournment: Motion by Commissioner John Culpepper; second by Commissioner Allison Wright; approved unanimously. (Transcript does not list a roll-call tally.)

The committee requested that staff return with proposed decibel thresholds, enforcement examples from comparable jurisdictions and legal analysis at the committee’s next meeting on April 2, 2026.