A heated discussion erupted at the village council meeting on July 9 regarding possible changes to the noise ordinance spurred by a local watering hole’s live music.
The discussion was triggered by ongoing complaints by Sabine Shurter and her husband Brad, who say loud music from Casa Vieja, which is owned by Dan and Molly O’Brien and located in the commercial district, is disrupting their home business on Rincon Road.
The proposed amendment to the ordinance would provide an exemption for commercial establishments within the commercial district along Corrales Road from Meadowlark Lane to Wagner Lane.
This exemption would apply to noise generated by sound amplifiers or devices for sound production or reproduction. The exemption would apply from 8 a.m. to 9 p.m. Sunday through Thursday, and from 8 a.m. to 10 p.m. Friday and Saturday.
“The primary focus of this was to establish a time,†Mayor James Fahey said. “Because the police officers are having a difficult time dealing with something that’s not black and white… our police officers are getting called every time somebody is unhappy.â€
During the discussion, both parties involved — starting with O’Brien addressing the council — were followed by a group of Corraleños who came forward to voice their opinions on the matter.
According to Dan O’Brien, who is also in a band that plays at his venue, the existing ordinance is subjective regarding what constitutes “excessive noise.” He questioned whether one individual’s perception could justify shutting down a business or if a more reasonable community standard should apply. He emphasized that his business aims to play music responsibly and is attentive to residents’ concerns.
He said Casa Vieja had been cited and placed on probation by the village. In response, they took measures such as orienting speakers away from Rincon Road and constructing a bandstand to reduce noise impacts.
Sabine Shurter said residents from Wagner Lane to Priestly Place on the drainage ditch road and those near La Entrada in the Bosque, have reported hearing music from Casa Vieja.
Shurter argued changes to the ordinance would legalize noisy venues in the commercial district, allowing them to fill the interior of Corrales with amplified music for 13 to 14 hours each day.
Two residents, Joe Wellborn and Michael Walker, voiced their support for Casa Vieja. Walker, who lives about 600 feet from Casa Vieja, said he only hears the music under specific conditions, perhaps one day a week. Wellborn, who lives on Priestly Place, said that he cannot hear any music from the venue.
Councilor Stuart Murray was the most vocal against the proposed changes.
“I am not in favor of the new addition to the noise ordinance, mainly because it’s an open carte blanche license for anybody to come in and violate our noise ordinances,†Murray said. “Basically, you’re saying that you’re not putting any limits as to what the noise will be during these hours.â€
Councilor Bill Woldman pointed out a lack of clear definitions for what qualifies as excessive or moderately loud noise, noting the absence of specific decibel readings. He asked village attorney Randy Autio how the determination is made regarding whether noise is considered disturbing.
“Enforcement officers,†Autio said. “They can’t read decibel meters, it takes a person with science training and a certification that a court will accept. So it’s doable but it would be a very large undertaking.â€
According to Corrales Police Chief Victor Mangiacapra, 99% of the time, the police department’s approach is to seek voluntary compliance. They don’t come to every complaint ready to issue citations.
“We’re trying to solve the problems, not trying to write tickets,†he said.
Councilors Mel Knight and Rick Miera said they both visited Rincon Road to listen to the music themselves. While Miera did not comment on whether he could hear any music, Knight reported that out of the three times she went to listen, she could only hear drumming on Saturday night.
Fahey concluded the discussion, instructing councilors to draft amendments they believed would work better, so the council could then vote on them.
According to Village Clerk Melanie Romero, the initial discussion primarily aimed to gauge the council’s interest in amending the ordinance. The proposed changes to the noise ordinance are expected to return for council review sometime in August.
Get involved
The next Town Council meeting is at 6:30 p.m. July 23 at the Village of Corrales Council Chambers, 4342 Corrales Rd.