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Georgetown City Council members discussed the possibility of changing several ordinances during a March 11 city workshop meeting.
Georgetown Police Chief Cory Tchida said the suggested revisions to the city’s Code of Ordinances came to light after citizens raised concerns with staff on different issues over the last several months.
The big picture
During the workshop, officials discussed possible changes to several ordinances, including sections on:
Peddlers and solicitors
Tchida said all solicitors within city limits must have a permit unless they are one of six organizations exempt from permitting provisions. One exemption exists for locally based nonprofit organizations, according to the Code of Ordinances.
“There's not real clear delineation on what a locally based nonprofit means,” Tchida said.
He said staff recommends keeping nonprofits exempt from permitting provisions, but changing the definition to “any nonprofit organization recognized as tax exempt under the IRS code with the principal place of business in Williamson County.”
Tchida said organizations not meeting the proposed definition would be required to get a permit to conduct soliciting activities, as required of any peddler or solicitor not under the preapproved list of exemptions, per the Code of Ordinances. He said there’s been recent issues with door-to-door solicitors and a solicitor near the downtown square.
“Permits are really important for us,” Tchida said. “A lot of cities have had issues with peddlers and solicitors who don't get permits at all, and some of their tactics are very aggressive.”
Under the new proposed ordinance, nonprofits whose principal place of business is outside of Williamson County, such as Salvation Army, would need a permit, Tchida said.
Noise control
Tchida said over the last several months, citizens have expressed concerns with daytime construction noises and lawn care activities.
The current noise control ordinance includes decibel restrictions of:
Tchida said staff realized the ordinance requires a permit for nighttime construction but does not address daytime construction. He said his department received noise complaints from the Crescent Bluff subdivision under construction off Hwy. 29.
A jackhammer being used for construction can reach 130 decibels, Tchida said.
“When ... you're talking about 63 decibels during the daytime, you can see how quickly almost anything that we're talking about is going to violate that,” Tchida said. “In some way, shape or form, construction noise needs to be addressed.”
City Council members recommended for Tchida to update the noise control ordinance, specifically for private entities working on construction, to:
Tchida said the updated ordinance would not allow developers to reach any decibel level during the exempt hours, as state law considers any noise exceeding 85 decibels—after the person making the noise receives notice from a magistrate or peace officer—to be unreasonable.
Public peace and places
Over the past year and a half, Tchida said the police department has consistently handled issues of individuals and objects obstructing sidewalks, public walkways, streets, alleys and other public property, like benches.
Under most circumstances in the Code of Ordinances, individuals are prevented from sleeping in streets, alleys, highways, on the square, on a sidewalk or in other public places not belonging to that person at night, or between the hours of 10 p.m.-7 a.m.
“During the day, we really didn't have a mechanism to deal with someone who was ... just laying on the sidewalk or laying on a bench,” Tchida said.
Tchida recommended adjusting the ordinance to prohibit sitting or laying down on public property at all times in the downtown overlay—an area with the most pedestrian traffic. Certain exemptions include:
Mayor Josh Schroeder asked if businesses who provide seating outside are allowed to ask nonpatrons to leave seats they’re taking up. Schroeder specifically referenced businesses that use an encroachment licensing agreement, which allows owners to install improvements like awnings or signs on their property within city easements.
Tchida and City Attorney Skye Masson said city staff would need to look into this.
“That is a major problem,” Schroeder said. “Especially if we're talking about some of the things we're doing ... downtown with creating more of those patio areas, we need to make sure that as part of that license, they have the right to control who sits in those seats.”
Georgetown’s Downtown Master Plan outlines a goal to remove parking from the outside perimeter of the square to allow for expansions of sidewalks and pedestrian space.
“It's their property, but it's in the public space,” Tchida said. “If it was completely within their space, then it's criminal trespass, and we could address it that way.”
According to Tchida’s presentation, staff also recommends updating sidewalk regulations to provide better enforceability for the obstruction of Americans with Disabilities Act walkways and other sidewalk obstructions that are a danger to public health and safety.
Parking
Public Works Director Eric Johnson said parking ordinances were last revised in 2022, and changes look to achieve an alignment with city parking needs and enforceability.
A few changes Johnson discussed with council members include:
Johnson said staff is considering which of the two “no parking” options to use, as it’s appropriate to use paint on some areas but not others.
Staff proposed updating a list of designated no parking zones to four additional streets, including parts of Scenic Drive, Martin Luther King Jr. Boulevard, East Ninth Street and East Eighth Street.
Johnson said staff recommends adding an ordinance to not allow any person to stop, stand or park a vehicle in a publicly owned or operated parking lot for more than 24 hours unless they received permission from an owner or operator.
Johnson also proposed for the distribution of food or materials to be prohibited in publicly owned or operated parking lots unless otherwise allowed by law, per the presentation.
Other updates include adding parts of Sixth Street, South Main Street and Church Street to an ordinance that limits or prevents parking on the streets. Council members approved updating the ordinance at a Nov. 12 meeting, and Johnson said this would serve as an official update to its language.
Other minor parking changes include revisions to temporary no parking zones during events, 15-minute parking zones for businesses and language on temporary resident visitor parking zone permits, he said.
Parks and recreational facilities
Tchida recommended removing language in an existing ordinance that makes it unlawful for any person to remain within a city park or facility outside of the hours designated or permitted for its use.
Current language allows police officers to issue someone a citation for being in a park after hours only if they refuse to leave.
“What that created was this endless loop,” Tchida said. “We could go [to] the same person day after day and say, ‘Hey, the park’s closed, you need to leave’ and if they leave, we couldn’t do anything about it even though they’re—time after time—committing the same infraction.”
Tchida also suggested adjusting an ordinance to prohibit people from occupying benches, picnic tables or pavilions for longer than two hours at any given park during a 24-hour period unless they made a reservation.
“We’ve had ... a pavilion at Chautauqua Park with four actual picnic tables that one or two individuals [have] completely taken over," Tchida said. "They’re there from the second they’re allowed to be there to the second they can leave. But meanwhile, it deprives others the ability to enjoy the amenities.”
Going forward
Tchida said staff will bring the proposed ordinance changes forward for council members to vote on adopting in the near future.
