07/22/2026
THE BANYAN, LIVE MUSIC, AND FREDERICK’S PROPOSED NOISE ORDINANCE
There are two separate noise-related matters happening in Frederick, and many people may not be aware of the difference.
THE BANYAN ZBA HEARING — JULY 28
The July 28 Zoning Board of Appeals hearing concerns The Banyan specifically and its request to use an amplified system for rooftop entertainment.
The Banyan is a newly opened venue, and nearby residents have raised legitimate concerns about how its rooftop system has affected their homes.
I support The Banyan and live music in Frederick, but I also believe rooftop entertainment must be operated responsibly. A rooftop amplified system affects surrounding properties differently from properly managed indoor entertainment.
Reasonable conditions involving operating hours, speaker placement and direction, bass control, volume management, and a clear complaint-response process could allow The Banyan to offer music while protecting its neighbors.
The goal should be to help The Banyan operate responsibly—not to impose an absolute prohibition on rooftop music.
THE PROPOSED CITYWIDE NOISE ORDINANCE
A separate and much broader issue was discussed by the City on July 14, 2026: a proposed citywide noise ordinance that could affect restaurants, music venues, private events, and entertainment throughout Frederick.
The draft includes expanded “plainly audible” restrictions, lower residential sound limits, substantially increased fines, and possible criminal consequences for failing to comply with a corrective order.
It also contains unfinished provisions and does not adequately explain how sound produced by a business would be distinguished from traffic and normal downtown activity.
You can review the full proposal here:
https://cityoffrederick.granicus.com/MetaViewer.php?view_id=12&event_id=5912&meta_id=201263
PROPOSED SOUND LIMITS
Under the proposal, the commercial limits would be:
• 67 dBA during daytime hours
• 62 dBA during nighttime hours
The residential limits would be reduced to:
• 62 dBA during daytime hours, reduced from 65 dBA
• 52 dBA during nighttime hours, reduced from 55 dBA
Nighttime would begin at 10:00 p.m. and continue until 7:00 a.m. on weekdays and 9:00 a.m. on weekends.
These levels do not appear reasonable for an active, mixed-use downtown. A restaurant may be commercially zoned, but its sound could be evaluated where it reaches a residence above, beside, or across the street. That could subject downtown entertainment to the proposed 52 dBA residential limit after 10:00 p.m.
ACTUAL AMBIENT NOISE ON PATRICK STREET
At approximately 10:00 a.m., I conducted an informal test on Patrick Street about 10 feet from my restaurant entrance. Using a sound-level meter on its fast-response setting, normal ambient street noise measured between approximately 70 and 77 dBA—with no entertainment operating at the restaurant.
Those readings were already above the proposed 67 dBA commercial daytime limit.
This does not establish what the nighttime level would be, but it demonstrates the practical problem with applying these standards in downtown Frederick.
Motor-vehicle noise on public roads is exempt, yet the proposal does not clearly explain how exempt traffic noise would be separated from music or other sound attributed to a business.
A reading above the limit does not necessarily establish that a restaurant caused it when normal downtown activity may already exceed the proposed standard.
HISTORIC DOWNTOWN BUILDINGS
Another concern is the proposal’s reliance on acoustic consultants, professional reports, engineering solutions, and extensive compliance plans.
Many downtown businesses operate in buildings that are more than 150 years old. These buildings were not designed for modern sound isolation, and extensive redesign is often not a realistic option.
Businesses may be unable to alter shared masonry walls, substantially change historic interiors, or modify exterior features. Changes may also be restricted by property ownership, building codes, neighboring properties, and historic-preservation requirements.
Small businesses should not be expected to hire costly acoustic consultants or structurally redesign historic buildings simply to continue offering responsibly managed entertainment.
Requirements should be practical and achievable through reasonable operating practices such as volume management, speaker placement, appropriate hours, and responsiveness to legitimate complaints.
PROTECTING FREDERICK’S MUSIC COMMUNITY
Frederick has built an identity around restaurants, live music, festivals, and community gatherings. Alive at Five, Baker Park concerts, the Great Frederick Fair, and entertainment at local establishments all contribute to our culture and economy.
The draft provides exemptions or separate standards for certain fairs, permitted events, and City-sponsored events. Privately operated restaurants and venues should not face vague or more restrictive standards simply because their entertainment is not City-sponsored.
The concerns surrounding The Banyan should be addressed through its individual ZBA case, based on its property, rooftop operation, and effect on neighboring homes. They should not become the justification for sweeping restrictions on every responsible restaurant and entertainment venue in Frederick.
This should not become a choice between residents and live music.
I support The Banyan having an opportunity to operate responsibly. I support residents receiving reasonable protection. I also support preserving Frederick’s music, restaurant, festival, and entertainment community.
The proposed sound limits and enforcement provisions are not reasonable for Frederick’s mixed-use downtown. The City should reconsider the proposal and develop clear, practical standards that protect residents without placing unrealistic burdens on responsible businesses or threatening the entertainment that helps make Frederick a vibrant and successful community.
