You can download the Town’s new Noise Ordinance here.
I don’t know if the Town’s legal firm, Collins Cockrel & Cole, is primarily responsible for this new law, or if the ordinance was written primarily by Town staff. I presume the Town Council had little influence, other than voting to approve the law as an “Emergency Ordinance.”
We will never know who was pushing this “Emergency Ordinance” because all of the Council debate took place behind closed doors, in executive sessions.
I perceive two big problems with the decision by the Town Council to approve Ordinance 912 on May 23.
We understand that the Town was involved in lawsuit with a local business owner, and we understand that Chapter 13 of the Municipal Code was probably unenforceable as previously written, due to its vague and subjective definition of ‘noise’.
We understand that, due to the vague language in the previous version of Chapter 13, the two ‘noise violation’ citations issued to Shooters & Shenanigans by the Pagosa Police Department probably can’t be supported in a court of law.
But the Town Council — after a conference with their attorney, Bob Cole — decided to pass Ordinance 912 as an “Emergency Ordinance.” As I mentioned previously, all ordinances approved by the Town Council must first have two public readings, and must be published and made available to the public prior to the second reading. This did not happen with Ordinance 912, because someone decided it qualified as an “Emergency Ordinance” — which can be approved without proper public participation and without a second reading.
No emergency situation was taking place on May 23, that posed a danger to the health, safety and welfare of the Town residents. No loud noises were taking place on May 23 that required Chapter 13 to be amended without a proper public hearing. But apparently, the Council — most of whom, I believe, were previously unaware of the “Emergency Ordinance” section written into the Town Charter — had been convinced, by someone, that the lawsuit filed by Christopher Blas constituted an “Emergency” requiring an immediate (and hasty) amendment of Chapter 13.
Or so it would appear to an outside observer.
In my humble opinion, the suggestion that this was an emergency was absolute nonsense. There was no emergency.
The other big problem has to do with government oppression.
Here are the sound pressure limits written into the new law, which apply to any sound — any sound at all — other than the operation of a motor vehicle.
We note that the Ordinance makes no distinction between sounds that cause people to sing and dance — like, for example, music — and sounds that are merely annoying noises, like the noise coming from a chain saw.
The Town Council adopted a new law that apparently prohibits the outdoor performance of rock music — at the volume at which it’s traditionally played — anywhere within the Town limits. In fact, the decibel limits adopted by the Council might make it illegal for a high school marching band to perform during the July 4th Parade. The adopted limits might make it illegal to run a gas-powered lawn mower within the Town boundaries, even in the middle of the day.
The new law makes a much more generous allowance, however, for the annoying noises emitted by motor vehicles, no matter where in the community they might be operated. A large truck (over 5 tons) is allowed to emit noises about four times louder than any other type of typical noise (or music). A garbage truck, for example.
Let’s take a minute and think back on the history of the Town’s action regarding sound pressure measurements.
A company called Gone Country Ventures, LLC bought Bogey’s restaurant and mini-golf facility on Putt Hill. They changed the name to Shooters & Shenanigans, and with the Town’s approval, they purchased a building permit and invested a considerable amount of money into improving the facility by adding an outdoor bar and entertainment area, unlike anything found anywhere else in Pagosa. The managing partner, Chris Blas, then began booking bands to perform in the new entertainment venue.
Some of the bands attracted large numbers of patrons to Shooters, and those patrons supported the business with food and beverage purchases while enjoying the live music.
Then someone complained, and the police issued citations, claiming that Chapter 13 of the Municipal Code had been violated.
Imagine, for a moment, 50 people sitting in the Shooters entertainment venue, seated within a few yards of the stage where a band is performing. Imagine these people are smiling and enjoying the music, at the volume the musicians have selected for the performance. Imagine that some are eating and drinking, and engaging in animated conversations. Imagine that some are dancing within a few feet of the band’s amplifiers.
Now imagine someone else, living in a house 500 yards away, who is able to hear the music and who has come to the conclusion that the music is ‘noise.’ Imagine that this person is not smiling, but rather, is dialing the Pagosa Springs Police Department to complain about the noise.
If you are an elected leader or police officer charged with protecting the rights of the people in your community, whose rights take priority in this situation?
The one unhappy person who doesn’t appreciate the music?
Or the 50 people who are having a wonderful time?
On May 23, the Town Council seems to have decided to ‘protect the rights’ of that one unhappy person.