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Sunday, February 06, 2011
Listen Up: Noise Law a Bust
By Michael C. Wiener
Bernalillo County Commissioner
Why would I voluntarily stick my arm into a hornet's nest by proposing a re-write of the Bernalillo County Noise Ordinance? Because it is the right thing to do.
As a county commissioner I have seen over and over again how ineffective and unrealistic our current ordinance has been at addressing complaints from neighbors following concerts where amplified sound was broadcast into adjacent neighborhoods by businesses such as the County Line Restaurant on Tramway.
Our present law, enacted on Dec. 20, 1971, had not been updated in almost 40 years and is simply not working. Anyone who objectively analyzed this scenario would quickly conclude that what we are doing to address noise is subjective and ineffective.
My approach was to author a pro-active, more restrictive permit process whereby restaurants and some other commercial businesses who desire to hold an outdoor musical event could be properly permitted and given a strict set of guidelines to adhere to, including monitoring by the County Environmental Health Department.
They would be required to come in, in person, and pay a $100 fee per concert. If they failed to meet the conditions agreed to, future permits could be denied.
The county would be put on notice that these events were to occur and would then be in a pro-active position to now enforce all aspects of this noise ordinance.
What are the conditions? Applicants will be limited to no more than three hours of sound per day and no more than two days a week — except on a three-day holiday weekend, when three days could be permitted. Detailed site plans would have to be submitted illustrating the locations of amplified equipment, and decibel levels at the adjacent property line must not exceed 75 db (normal speech is 65 db).
Santa Fe County's noise ordinance also limits sound to 75 db.
Unfortunately, some individuals and neighborhood organizations are objecting to my proposal as they may not realize that under the existing ordinance, these businesses could hold concerts seven days a week for a far longer duration as there is no permit process and practically no enforcement.
We simply have no way to know about many of these concerts, which often occur on evenings and weekends when county staff is not available for monitoring.
Under the existing ordinance a section allows for businesses to project amplified sound at 15 db over the ambient outdoor sound. In the case of the County Line Restaurant, measurements of ambient outdoor sound, just off Tramway Boulevard, without any music have measured as high as 58 db; therefore giving them up to 73 db of allowable sound.
The current ordinance only allows for a maximum penalty of $300, and as far as I can determine no such fine has ever been collected. If a noise violation case eventually gets to court, judges have repeatedly shown their reluctance to impose fines and often impose mediation as a penalty.
I received unanimous support from my fellow commissioners on Oct. 26th when this proposal was first introduced for publication. The proposed amendment will be back on the commission agenda for final approval Tuesday. However, after careful consideration, and a very productive three-hour meeting with my constituents in Sandia Heights, I plan to defer action for 90 days.
More meetings will be held and additional public input will be included to ensure a balanced and enforceable noise ordinance.
Leaving the current ordinance in place is clearly not our best option.
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