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City Council <br />Meeting Minutes <br />September 5, 2017 <br />Page 12 of 18 <br />is prosecutable Chief Hayes stated the ordinance applies throughout town The <br />prosecutor has told him typically she wants a second complainant and additional <br />research. <br />Councilmember Stolzmann asked if CRS §25-12-103 applies to Louisville. Attorney <br />Light noted state statute regarding noise control creates a private right of action, and <br />does not automatically apply within a municipality Some municipality's say noise control <br />is a matter of local control. A local ordinance allows writing violations into the municipal <br />court Statute has language that allows a municipality to create rules no less restrictive, <br />but is not completely clear about creating more restrictive rules. <br />Councilmember Leh noted a May 11 email from Chief Hayes stating current police <br />process. The police department currently seeks voluntary compliance, education and if <br />need be, enforcement. <br />Public Comments <br />Joel Hayes, 187 Harper Street, noted an email he had sent stating with so few <br />complaints he hopes Council does not make any changes to the current ordinance. He <br />added music is an art form with intnnsic value of its own Hundreds of people who listen <br />or play music in our community should outweigh the few complaints. He played his <br />mandolin showing the live music decibel level in the proposed ordinance is too low. He <br />doesn't want to have an ordinance that would limit his ability to play an instrument in his <br />own backyard <br />Chuck Martin, 1433 North Franklin Court, stated one big value to add to the list is music <br />and arts in town There is a thriving music scene in town and has venues to play. <br />Logistically decibel levels sound good, but it would shut down the music scene in this <br />town <br />Tom Rafferty, 945 Rex Street, stated he didn't know about this discussion and would <br />like more notice about such discussions This affects many people and more notice <br />would be better Thanks for addressing Street Faire noise It has been better in the last <br />year. He noted he loves music, but can hear the music from five blocks away from <br />downtown and is super aggravated with the noise. He bought his house in 1980 and is <br />asking music be indoors. Multiple restaurants downtown are making music. This is a <br />quality of life issue. He expressed thanks for consideration on both sides. <br />Mark Oberholzer, 224 Hoover Avenue, resident and owner of the former Blue Parrot <br />building and Tilt pinball, who also serves as Chairman of BRaD, noted as a business <br />owner and resident he is against the ordinance BRaD discussed this and voted <br />unanimously to recommend against the ordinance. It is solving a problem that doesn't <br />need solving Police and staff can handle this Perhaps a modified ordinance in the <br />future if needed. <br />