Texas Town May Ban Music on Rivers

Yahoo! ^ | Saturday, March 22, 2003 | The Associated Press

[Willie Green]

For education and discussion only. Not for commercial use.

NEW BRAUNFELS, Texas - The New Braunfels City Council will consider an ordinance Monday that would make playing music on the Comal and Guadalupe rivers in the city limits illegal.

"I will support it totally," Councilman Ken Valentine said. "They interfere with the pursuit of happiness of other tubers and the people who live along the rivers."

In recent years, the boom boxes have gotten bigger, with some so large they are powered by car batteries and take three or four people to carry, Assistant City Manager Don Ferguson said.

The loud music draws large crowds that create problems for law enforcement, he said.

"We are seeing crowds of 100 or 200 people floating together, and typically at the center of it is a large boom box," Ferguson said. "It is not a new problem, but in the last couple of years the problem has escalated considerably."

Valentine said the loud music contributes to a rowdy atmosphere that drives away the families the city would like to see using the river.

The ordinance would not ban the possession of radios, tape or compact disc players, but it would make their operation on the rivers inside the city limits a Class C misdemeanor, punishable by a fine of up to $500.

"This will really help the quality of the tubing experience on the river for families," Valentine told the San Antonio Express-News for its Saturday editions.

Ferguson said city staff has reviewed the ordinance and believe it is legal, but civil libertarians criticized the proposal as an infringement on people's rights.

"We are always going to oppose statutes that are overly broad," said Edward Pina, a San Antonio attorney on the national board of directors of the American Civil Liberties Union (news - web sites).

"Any time the government is trying to control an otherwise legal activity, it should have a compelling state interest before doing so. I don't know what that compelling reason could possibly be here."

Ferguson said the existing noise ordinance is difficult to enforce on the rivers, because officers need to have someone complain about the noise and then need to find witnesses willing to testify in court.

If officers ask people to turn the music lower, they often turn the volume right back up as soon as they float a short distance away from police, he said.

"This ordinance is unique, but it is being proposed for a purpose," Ferguson said. "It is a real simple ordinance. If you are found operating a boom box you get a ticket."

Also Monday, the council will consider expanding the existing ban on Styrofoam on the rivers to include riverfront parks. The move would help fight litter in the rivers, supporters said.

[dead]

Why isn't the federal government addressing this loud music on rivers crisis?!

[PackerBoy]

I am not a fan of more government, generally, but I guess some laws are needed to control the terminally tacky.

Put me down for "yes" to this proposed law.

[Britton J Wingfield]

Tubing down rivers is popular here in AZ, too. The boomboxes aren't half as tacky as the drunken nudity.

[sit-rep]

"We are seeing crowds of 100 or 200 people floating together, and typically at the center of it is a large boom box,"

Sounds like a good ol' time. If the "Boom-Boxes" are kickin' out some good old classic Rock-n-Roll instead of the Rap crap, it would be something missed...

[sit-rep]

The boomboxes aren't half as tacky as the drunken nudity.

"Trashy Women" by Confederate Railroad(Country) pretty much sums me up baby...What's their 20??

[Willie Green]

Could be a nasty battle over water rights if some of the Texas tubers insist on playing Dixie Chicks.

[Celtjew Libertarian]

Ohh.... When I first read that headline, I thought they were banning performances of songs like "Shenandoah" or "Red River Valley." I was all prepared to ask whether "Erie Canal," or "London Bridge" would still be legal.

[Illbay]

They are. Haven't you heard of Clinton's "Wild Rivers" initiative?

Using the adjective "Wild" during the Clinton years can only mean one thing, after all.

[thesharkboy]

They interfere with the pursuit of happiness of other tubers...

[dead]

Drunken nude tubing was also a problem on the Delaware River a number of years back.

They solved it by making me get married and have kids.

[Illbay]

I have a real problem with putting local and state government in the same category as Federal. I hear this "no more big government" thing all the time, but the fact is this is the way we govern ourselves at this level.

We've always had "noise ordinances," disturbing the peace, etc. These are not appropriate at the Federal level. But they are under the purview of state and local governments. The closer to the people the better.

[San Jacinto]

I fully support banning boom boxes on the Guadalupe. It is scenic, beautiful and best enjoyed with a semblance of peace. Listening to someone else's choice of music at full volume does not add to the experience. I say don't allow them to litter the river with trash or the airwaves with noise.

[Rightly Biased]

I live not too far from the tubing part of the Guadalupe and the Comal and I would prefer no music on those nice rivers when you can go tubing at an off time you really can enjoy the beauty of the hill country. There is just somthing about someoneelses music so loud that you can't enjoy anything because the music permeates so.

On the Flip side New Braunfels has a high antismoking nazi contengent on its city council and they would do anything to pass an ordinace to make themselves look important, or tourist friendly.

[razorback-bert]

I would like to go down the Buffalo River, just once with my clothes on, it didn't seem possible during my college years.