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Council to revisit noise ordinance

By NATHAN BRUTTELL
Today's News-Herald
Published Tuesday, March 9, 2010 7:03 AM MST

A seemingly dead issue in Lake Havasu City may have risen from the grave recently.

The City Council is expected to review the city noise ordinance during its regular meeting at 6 p.m. today at City Council chambers in the police facility. Several residents living near BJ’s Tavern, 2122 McCulloch Blvd., spoke about loud noise at a recent council meeting. City Council enacted the current noise ordinance on April 24, 2009.

Mayor Mark Nexsen said he thought noise was no longer an issue.

“We’ve dealt with the issue. We thought we had come up with a reasonable solution,” Nexsen said. “But a couple of citizens came to council and felt it wasn’t working and now we’re looking into it again.”

According to City Code Chapter 9.30: Noise, “unnecessary, excessive and offensive noises from all sources” are prohibited in the city. The ordinance also measures noise levels in decibels from the “affected property” not the source of the noise.

Police Chief Dan Doyle stated in a memo to the city that police have received about 40 noise complaints about BJ’s Tavern from about 12 individual complainants. The department also compiled three years of data indicating that noise complaints dropped in 2009 (822) from 1,062 in 2008 and 940 in 2007.

“To date, no citations have been issued for violation of the new ordinance,” Doyle stated in the memo. “Responses to complaints have resulted in a mix of voluntary compliance and, in some cases, discovery that noise was within allowable levels.”

Doyle also stated, in a separate communication to staff, “residents who addressed council on (Jan. 26) indicated displeasure with noise levels generated by BJ’s Tavern that have been found to be within current legal levels during late evening hours.”

BJ’s Tavern manager Artie Collins told the council Feb. 9 he has received one threat but no one has complained directly to staff at BJ’s.

“We would at any time turn the volume down, even though we’re within the decibel range,” he said in February. “We are here to be a good neighbor and we want to work with the community.”

Collins later said he agreed with the current ordinance.

“There is always going to be someone you can’t please, but we try,” he said, adding that when he has a problem with other noise, he makes his own changes. “We don’t make complaints, we make slight adjustments, (such as) using a fan or closing a window. It’s as simple as that.”

You can contact the reporter at nbruttell@havasunews.com

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Comments (20 comment(s))

womenpleaser wrote on Mar 27, 2010 8:14 PM:

" Do people in havasu have anything better to do then cry about everything that goes for snowbirds. "

tim wrote on Mar 26, 2010 9:09 AM:

" council is trying to change all the rules to their favor before they have other younger people on the council that they cant minipulate. HURRY HURRY!!

and to the rest of you-how do you know that bjs ignored warnings-or that these aligations about the noise desiples are accurate--again people leaving messages that dont know all the facts

you must be the same people who are leaving comments on the vendor issue..

These are the same issues-POWER- our local government trying to change things to their benifit-
WAKE UP-everyone-we nee to stand together. "

watching havasu die wrote on Mar 20, 2010 12:02 PM:

" Hey "OLD PEOPLE" How would you like it if you heard a intruder in your home and you called the Police and were told they were BUSY taking a NOISE COMPLAINT ? DONT CALL THE POLICE !....CALL A REALTOR ! "

Denial not a river wrote on Mar 14, 2010 2:45 PM:

" I think the business was wrong to ignore the complaints of its local community that it affected. That said, they have the proper paperwork so stopping them will be hard but the locals can picket and cause embarrassment to a bad business neighbor.
The police like BJ's because it is a solid corner of the DUI triangle so the business of ticket revenue is good there. "

doglover wrote on Mar 14, 2010 2:30 AM:

" The noise outdoors started when they kicked the smokers outside and everyone built outdoor patios for smokers. Maybe it would've been better to have left the smokers inside the bars. "

desertmouse wrote on Mar 13, 2010 2:24 PM:

" If you dont like the noise move. It is really that simple. The homes across from Kokomos dont complain, its a hazzard of owning near a popular bar. "

! wrote on Mar 11, 2010 1:15 PM:

" According to the manager of BJ's the outdoor cabana and live music started 2006-2007. The current owners bought the bar in 2005. Prior to that there weren't noise problems.

PARCEL NO:108-12-098

legacy.co.mohave.az.us/depts/assessor/prop_info.asp?PARCEL=108-12-098&YEAR_CODE=CY "

havasu♥lover wrote on Mar 11, 2010 9:32 AM:

" I need to add to my first comment. I want to make it clear that I'm not complaining about the noise. It doesn't bother me one bit. I love it in fact. But, that said, I live a mile away from BJ's and I can hear the bass clearly from inside my house, sometimes until very late. BJ's should have the common sense to turn it down a notch, knowing full well that if they don't the city will do it for them, eventually.
As for the complainers, I regularly comment on the negative affects of our fun city attracting more and more snowbirds and retirees. Their complaints about the loud music at BJ's is just one of many of those side affects. The seniors that are moving here from the frozen tundra aren't just going to get used to the Havasu party scene. They want this to be their little slice of retirement. A quiet life at the lake, playing golf, with no loud boats or music disturbing them. They literally have no clue about the true Havasu life.
If we keep pimping out our city to snowbirds and foreign invaders from Canada, the whole city, and everything we (full time locals) love about it will eventually be legislated out of existence. "The River" scene that we've all cherished all these years is being eroded away right under our noses, by non-river people (and non-Americans), and it's very possible that it may soon reach the point of no return.
And to you complainers, you seriously should have done more research on Havasu before you allowed our low housing prices to attract you here. "

Wisconsin wrote on Mar 10, 2010 10:02 PM:

" LHCwasteland, It is true I didn't live here 4 years ago, only since October. But I have been to BJ's, and it is obvious to me having been in the business, that this joint has been a tavern for quite some time. Further, it is in the HEART of the city, with proper business zoning. One of the reasons that businesses must be zoned as such is because there is an expectation of noise coming from a business, so the city decides where that is acceptable. They (the city) decided that this area was good for that. The people that moved next to a business zoned area should have done their due dilligence to make sure they didn't mind noise levels that come from tax paying businesses such as this. Keep in mind, I don't have a dog in the fight, having only lived here for a short time. I have had a couple drinks there a couple of times, nice enough, just not my style, but just because it's not your style, doesn't mean that it should be restricted. Some types of bars bring younger crowds, and with them, more police. I chose to cater to people over 30, that was my choice. if BJ's wants to cater to the 21-30 crowd, last I checked, it was legal. If you don't like their clientele, change the drinking age, or outlaw rap, or backwards hats, or pants falling down with underwear showing, or plumber's butt (country bars) but as long as it's legal, leave them alone! "

LHCwasteland wrote on Mar 9, 2010 10:04 PM:

" To wisconsin- That's how much you know. BJ's four years ago was nothing more than a country Karaoke bar held in doors. Then later turned to live music which wasn't bad. Then it turned to rap music and fighting and cops having to watch the place as the people exit on weekends. Who pays for that,BJ's? Answer that. "

dubld wrote on Mar 9, 2010 8:48 PM:

" This is completely ridiculous. The ordinance was made, stay within the decibel limit & let's all move on....Oh No!
The city now has to look at the current law because 12 people complained...WHAT A JOKE!
So does it really come down to a dozen people coming forward to get something done in this city?
If that's the case, what about all the other issues at hand???
All the other laws???
Oh, I know...how about my neighbors that make noise? Wait, what about all the traffic noise on the city streets? Fireworks? Dogs barking? There's a certain church by my house that makes noise too!
These complaintants need to go ahead & gather 50% or more of the local residents signatures against the noise then bring this up...'till then, TOO BAD!
Shame on the city for spending any time on this! "

BLAZO wrote on Mar 9, 2010 8:36 PM:

" Some noise is like music to the years. An example being a good running Harley-Davidson with open pipes. Now to me that noise signifies freedom! "

kinglhc wrote on Mar 9, 2010 7:23 PM:

" Yes, they're loud, but at least they're still open and drawing a crowd.
And what about Kokomo? I live 2 miles away and can hear the DJ. Glad I don't live in the channel. "

cal/hav wrote on Mar 9, 2010 2:32 PM:

" I am too cheap to pay in an exclusive gated neighborhood. So I buy a house next to an airport or commercial strip cause it cost less. I don't want to live next to a cemetery heaven forbid. Then After A business owner spends thousand of dollars on advertising, buying sound equipment, marketing and developing a business plan I go to the Council, Complain and have them create an ordinance to criminalize what they have a right to do. It worked when I didn't like the tourist coming in an making noise why not now.
My opinion. don't like the noise....Move. "

Roco wrote on Mar 9, 2010 2:00 PM:

" To me, its sound like the many will suffer for the few. The area where BJ is located is noisy by nature. Any time you pass any of the bars at night, there is considerable noise. If the city council try and adjust an already stupid ordinance to benefit these few, we might as well give up all rights. I agree that BJ's music is loud, but it if falls within the parameters of the current ordinance, so be it. If the owner is willing to tone it down some, that's a step in the right direction. If the council changes the ordinance for these few whiners, it would be typical of the council's actions; benefitting the few by sacrificing the many. "

carriem29 wrote on Mar 9, 2010 12:52 PM:

" The people who live around BJ's chose to love around BJ's, give me a break people, if you dont like the noise, move! You are the ones who decided to live next to a bar in the first place! DUH! "

Wisconsin wrote on Mar 9, 2010 11:15 AM:

" Why don't you 2 re-read your comments, and tell me exactly how getting on the case of a tax paying business (in a business district) is going to help our fair city get out of debt. I had this problem in Wisconsin where I ran 2 bars. A person would buy a house behind my bar, and then complain about the noise. That makes as much sense as moving next to the landfill and then complaining about the smell. Instead of more restrictions on business, lets make this town prosperous once again. "

havasu♥lover wrote on Mar 9, 2010 10:01 AM:

" I agree with LHCWasteland. Don't punish the rest of the city for the loud music at one place. And BJ's does play their bass too loud sometimes, as I'm a witness to. I personally like the music, and I like it loud, but it's too loud - BJ's isn't the right place or atmosphere to have the bass cranked up like they do. Bass travels great distances, and it's being played outdoors. BJ's really does need to turn it down a notch, and turn it down a couple notches after 10pm. It shouldn't take the city to enforce that either. BJ's should know this, and do it on their own. BJ's is a super fun place to hang out, and we all love it, but, as this article points out, the loud bass is going to severely damage the night time entertainment scene in Havasu if BJ's doesn't take the initiative to control the bass volume on their own. "

J.kendall wrote on Mar 9, 2010 9:17 AM:

" I will never understand why bars have to blast their music so loud you can't even hear other people sitting right next to you talk. I for one don't live in that area but if someone wants to have their windows open when it's nice enough to do so they should be able to enjoy it. I guess thats why I no longer go out to bars sorry I agree they can be too loud. You don't have to play music loud to have a nice time. Kinda hard to relax with music blasting and a lot of people go to the bars to relax and visit with friends. But I do think it's quite nice for BJ's to be so willing to turn it down as most places wouldn't even consider it. "

LHCwasteland wrote on Mar 9, 2010 8:46 AM:

" I wonder if it's really the noise, or is it the black rap gang music that's being played there. When they had live music it wasn't as loud and no problem. Go figure. So why consider punishing the rest for one bad apple. By no means don't consider lowering the noise ordinance for one person. You know his name, deal with him. They can afford the fines, they're making bank on the weekends. "

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