The Fullerton City Council voted to introduce the long-awaited and controversial noise ordinance at the latest meeting on Oct. 7.
The new ordinance establishes regulations for downtown businesses and sets specific decibel limits based on time, permitting outdoor entertainment between 5 p.m. and 10 p.m. at a maximum of 80 decibels.
Between 7 a.m. and 10 p.m., sound cannot surpass 75 decibels for five minutes or 80 decibels for one minute, and decibels must be measured at the property line.
Previously, noise violations were measured 25 feet from the source or nearby properties.
The council voted 3-2 in favor of introducing the ordinance, with Mayor Fred Jung as the deciding vote.
Many speakers and Fullerton residents expressed their concerns about how the stricter regulations would impact local businesses, which depend on their live performances.
“If this is an issue of noise, I think we should measure it at the residential properties instead of doing it at the property line itself. I feel that it could impact businesses negatively, and I think it’s important to consider how our city has been doing financially,” Victoria Sanchez, a Fullerton resident, said.
Jared Weinstein, a Fullerton native, mentioned that the 80 decibel maximum is unrealistic, as most daily activities exceed 80 decibels.
“Typically, a movie theater on average ranges between 74 to 104 decibels, and for live music and entertainment, going to concerts, that can go up to 94 to 110. 80 decibels seems too hard for our businesses in downtown Fullerton,” Weinstein said.
Mike Johnson, a Fullerton resident and musician, said the ordinance ignores the extensive history of music in Fullerton, as music is an integral part of Fullerton’s culture and nightlife.
“Music is not noise. It’s the heartbeat of people,” Johnson said. “Fullerton is the city of Leo Fender, and his great musical works that have changed America and the world forever. And that tradition continues on with Duesenberg guitar, the day of music and all the other live music played in the downtown area almost every night.”
Mayor Jung referred to the public’s concerns regarding the noise ordinance as “fear mongering for no reason,” and mentioned that Fullerton businesses already stay under 80 decibels on a typical night out.
“I find it almost ironic that folks are so concerned, yet I’ve gone out twice, hasn’t been a single violator, not one. Quite frankly, with the door shut, it could be 200 decibels in that club — wouldn’t know, outside,” Jung said. “I’m a little concerned that this level of misinformation drives our public, because that’s just not the actual factual case.”
Joshua Ferguson, a Fullerton resident of over 30 years, supported the noise ordinance and said the new restrictions would limit loud noise during unreasonable times when families are sleeping.
“The way people are conflating this issue is like, ’Fullerton’s about music.’ Yeah, not at two in the morning,” Ferguson said. “There are specific bars that make my windows rattle. There are specific bars that have woken my children up at night, because they blast their music so loud.”
Mayor Pro Tem Shana Charles cited concerns regarding the lack of consultation with Fullerton’s local businesses, particularly bar owners, before the implementation of the regulations.
“At this point, I’m not ready to say yes, because I think we haven’t taken it into account not-the-bars,” Charles said. “When I’ve talked to the owners, they’ve told me that their decibel levels would be affected by 80, that it is too small, they are concerned.”
Councilmember Nick Dunlap, who voted in favor of the ordinance, said that while speakers mentioned Fullerton’s rich musical history potentially being barred by restrictions, the implementations allow Fullerton’s music to continue flourishing.
“This isn’t saying we don’t want live music, we don’t want this in our downtown. I think it’s simply a way of saying, we do want this, and this is how we’re going to allow it,” Dunlap said.
Fullerton’s Director of Community and Economic Development and Urban Planning Sunayana Thomas stated that the noise ordinance embraces downtown nightlife and was carefully crafted with public consideration.
The city council will vote again to adopt the ordinance. If the ordinance is adopted, the city will begin enforcing the changes 30 days after the vote.