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Moses Lake noise ordinance left unchanged

Herald Staff Writer | Hagadone News Network | UPDATED 13 years, 4 months AGO
by Herald Staff WriterRyan Lancaster
| July 15, 2011 6:00 AM

MOSES LAKE - The Moses Lake City Council decided not to change the city's noise ordinance.

A proposed amendment would have increased the number of complaints needed from one to three before a noise infraction notice is issued.

"You asked me to do something and I've done something, although I'm not sure if meets your thoughts," City Manager Joe Gavinski told council members during the last council meeting.

Last month council requested Gavinski look for a way the ordinance could be amended to accommodate Travis Laibl, owner of the Sand Bar, who said he'd like to host live music outdoors once a month during the summer.

Laibl told the council he stopped hosting bands on the bar's lakeside deck after receiving a noise complaint from a resident who lives across the water.

Under the current ordinance, when a complaint is logged police identify and ask whoever is producing the noise to stop. Once that happens the responsible party can either comply or be issued a written infraction notice. They can either pay the fine or choose to go to court.

Moses Lake Police Chief Dean Mitchell said most of the time people quiet down and he couldn't recall the last time an infraction notice was issued to a business.

"We don't get too many complaints on businesses, it's usually residents - a lot of party calls," he said. "Normally they comply without an infraction."

Councilman David Curnel raised the question of whether the one-complaint law pertains to community events such as football games or city-sponsored concerts in the park.

"What would we do if one citizen complained about the noise of a football game?" he asked.

Initially Gavinski said the city would have to write an infraction notice, but he later corrected his statement, saying the ordinance includes an exemption for public events. They are not subject to citizen complaints.

After reviewing the proposed amendment to the ordinance, most council members concluded three complaints was too many.

"You know they say that if you have a complaint you've probably got a hundred other people with the same complaint, so I think two is adequate to cause the police to go visit somebody," said Councilman Richard Pearce.

He later fell in line with other council members, such as Dick Deane and Bill Ecret, who said one complaint should suffice.

Ecret asked if there might be some sort of time extension amendment to allow businesses such as the Sand Bar to play music later on certain nights, but Gavinski replied there's currently nothing in the ordinance allowing loud noise at any time of day.

"Trying to draft a limitation or expansion around that fact probably requires me to have some additional direction from city council," Gavinski said.

The council brainstormed other options, such as defining different types of noise or making allowances for businesses that provide entertainment, but all were deemed unfeasible.

"I think what happens is when you start trying to fine tune it like that you may be creating other issues that you don't expect to happen," Gavinski said.

The proposed ordinance change died for lack of a motion.

"We certainly want to support small business, but when small businesses are making decisions that impact other people in a negative way ... It becomes a little more onerous," said Mayor Jon Lane. "I think one complaint is enough."

Laibl, who was not present at the council meeting, said Wednesday he plans to continue pursuing a change to allow him to have music outside.

"It would greatly increase my chances of staying in business," he said, adding that he'll visit the council soon to ask about his options.

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