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An admittedly snarky post over the weekend on social media by Eight & 322 has drawn some attention and dialogue from folks around Franklin.
We won’t sugar coat, nor back away from the post because it did what all good community watchdog institutions do… it opened (or re-opened) a discussion. We were downtown making pictures when we heard a band at Trails to Ales 2, a nearly three-year beer production facility with taproom/bar and a new outdoor stage that is butted up against the Barrow-Civic Theatre, which is in its 31st season.
We have been in the Barrow for performance of the Red Eye Theatre Project and know from experience how disruptive the music from the Trails stage can be. The music goes right through the brick walls and emergency exits into the theater’s house.
The first time this happened, we texted Trails via Facebook and they sent a couple people over to assess the situation. We were told a discussion happened after this night and Trails and the theatre worked out some compromises so that they could co-exist. |
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It's what neighbors do. So everything seemed to be fine.
Trails changed some things in their outdoor setup and seemed like things were going to go smoothly.
Then, another session of Red Eye was disrupted by a band outside Trails this spring. We personally messaged in the same manner as before, but this time did not get a response.
Then, another session of Red Eye was disrupted by a band outside Trails this spring. We personally messaged in the same manner as before, but this time did not get a response.
The next month, a Thursday night concert featuring the Junior Silver Cornet summer camp kids in Bandstand Park was noticeably affected by music coming from Trails. A person who was in the park that night commented on the Eight & 322 post this weekend saying the volume of the music from Trails affected their enjoyment of the Junior band show.
We were also there. We also noted the music and its disruptive effects on the regularly scheduled public concert in the park. The comment about the concert was one of more than 50 made under the post, some which came from a manager at Trails and one of the owners.
The comments revealed several things, including some communication breakdowns, claims of music overlapping between Trails and other businesses, and that the volume affects nearby residences.
The conversation started before Saturday’s shows at Trails and the Barrow, so we intentionally took time to investigate with our ears the performances that evening.
We were also there. We also noted the music and its disruptive effects on the regularly scheduled public concert in the park. The comment about the concert was one of more than 50 made under the post, some which came from a manager at Trails and one of the owners.
The comments revealed several things, including some communication breakdowns, claims of music overlapping between Trails and other businesses, and that the volume affects nearby residences.
The conversation started before Saturday’s shows at Trails and the Barrow, so we intentionally took time to investigate with our ears the performances that evening.
The video here was recorded in Bandstand Park on Saturday night around 7:45 to give an idea to the volume. Shortly after that, we walked by Trails and then went into the theatre.
We stood inside the theatre near the wall where the Trails stage is outside. The sound from the band was pouring in, especially through the emergency exit doors.
We walked to the top of the theater on the opposite side to listen again. We can say with certainty that the pit orchestra and the strong singer at the time were powerful and we could barely hear the band from Trails.
Then the song ended and there was the band once again – intruding on the theater experience.
Music is a funny thing. If it is layered, it is more and more interesting. But if the layering is a dissonance, a different song altogether, then it becomes a disruption.
We are huge fans of live music. The arts and downtown cultural gatherings like at Trails to Ales, The Smoke Cantina, Bella Cucina, FoxTales, Benjamin’s, Iron Furnace Coffee and Bandstand Park certainly contribute to the vibrant atmosphere of Franklin.
So how do we maintain that vibrancy without creating competing noise? How can we all be neighborly?
In one of his comments in the Eight & 322 thread, Trails owner Dave Ballard suggested that everyone affected should join him at a city council meeting to civilly discuss what can be done in the best interests of all involved.
He said "we would much rather be the solution than the problem."
He made further comments about the times included in the city’s ordinance, suggesting it should be extended to 11 p.m., but did not directly address the issue of volume despite time of day.
City council member Christian Marshall got on the thread to let everyone know that the council meeting at 7 p.m. on August 5 will likely be held in the professional building at Miller-Sibley due to renovations at city hall.
So, we got our panties in a twist a little on Friday and stirred the pot on Saturday. Hopefully the subsequent scuttlebutt about the music at Trails will lead to a neighborly solution that strikes a good harmony between the needs of the residences on 12th Street, all businesses in that area, as well as who use the park for a variety of activities.
We stood inside the theatre near the wall where the Trails stage is outside. The sound from the band was pouring in, especially through the emergency exit doors.
We walked to the top of the theater on the opposite side to listen again. We can say with certainty that the pit orchestra and the strong singer at the time were powerful and we could barely hear the band from Trails.
Then the song ended and there was the band once again – intruding on the theater experience.
Music is a funny thing. If it is layered, it is more and more interesting. But if the layering is a dissonance, a different song altogether, then it becomes a disruption.
We are huge fans of live music. The arts and downtown cultural gatherings like at Trails to Ales, The Smoke Cantina, Bella Cucina, FoxTales, Benjamin’s, Iron Furnace Coffee and Bandstand Park certainly contribute to the vibrant atmosphere of Franklin.
So how do we maintain that vibrancy without creating competing noise? How can we all be neighborly?
In one of his comments in the Eight & 322 thread, Trails owner Dave Ballard suggested that everyone affected should join him at a city council meeting to civilly discuss what can be done in the best interests of all involved.
He said "we would much rather be the solution than the problem."
He made further comments about the times included in the city’s ordinance, suggesting it should be extended to 11 p.m., but did not directly address the issue of volume despite time of day.
City council member Christian Marshall got on the thread to let everyone know that the council meeting at 7 p.m. on August 5 will likely be held in the professional building at Miller-Sibley due to renovations at city hall.
So, we got our panties in a twist a little on Friday and stirred the pot on Saturday. Hopefully the subsequent scuttlebutt about the music at Trails will lead to a neighborly solution that strikes a good harmony between the needs of the residences on 12th Street, all businesses in that area, as well as who use the park for a variety of activities.
The ordinances
| Franklin’s noise ordinances aren’t exactly iron clad in definition. For the most part they indicate nuisances between 10 p.m. and 6 a.m. and they give the clarification that “in such a manner as to be plainly audible at a distance of fifty (50) feet from the property line or vehicle in which it is located shall be prima facie evidence of a violation of this Article.” It does not appear to define decibel levels or address other times as clearly. | |
Statewide, in 2022, then Governor Wolf established that 75 decibels at the property line was the new standard acceptible level of noise.
"Section 493(34) of the Liquor Code currently prohibits a licensee from using, inside or outside of its licensed premises, a loudspeaker or similar device whereby the sound of music or other entertainment, or the advertisement thereof, can be heard beyond the licensee’s property line. [47 P.S. § 4-493(34)]. Act 67 adds the following exception to this general prohibition for all licensees located in Class 2A through Class 8 counties (all counties except Philadelphia and Allegheny). Licensees in such counties may have amplified music/entertainment as long as the music/entertainment does not exceed 75 decibels beyond the licensee’s property line. However, there are time restrictions to this exception. It only applies from 10:00 a.m. to 9:00 p.m. on Sundays through Thursdays, and from 10:00 a.m. to midnight on Fridays and Saturdays. Municipalities retain their authority under section 493.1(b) of the Liquor Code to petition the Board to allow their own noise ordinances to supersede the Liquor Code’s provision regarding amplified sound, including the exception set forth above. [47 P.S. § 4- 493.1(e)(1-2)]. While traditionally, the municipal exception loosens the rules dealing with amplified music/entertainment, Act 67 could result in situations where the municipality’s noise ordinance is stricter than the standard found in the Liquor Code. Act 67 further provides that the enforcement of this exception will be handled by the Pennsylvania State Police, Bureau of Liquor Control Enforcement (“BLCE”). [47 P.S. § 4- 493.1(e)(4)]. Finally, Act 67 changed the minimum number of adjudicated noise citations, which could form the sole basis for the Pennsylvania Liquor Control Board’s, Bureau of Licensing to object to a licensee’s renewal application. The number of noise citations necessary is reduced from six citations to three citations. [47 P.S. § 4-470(a)(1)]."
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