The Corrales Village Council will take up that question Tuesday evening while considering changes to the noise ordinance.

The village’s ordinance isn’t enforceable as is and fails to protect neighbors from noises emanating from Corrales Road establishments that feature live music several nights a week, resident Sabine Shurter said.

She said noise from the location has been an issue for decades, with the Territorial House fined in 1986 after numerous complaints related to musical performances on the premises.

Shurter said the court decision didn’t result in changes to the soundscape, and residents had to deal with the noise until the establishment was sold. She said the new owners were more considerate, but eventually other businesses came to town.

Shurter said that as the COVID-19 pandemic wound down, more businesses have generated more noise, to the detriment of their neighbors.

She said her property is 450 feet from the boundary of Ex Novo Brewing Co., which hosts live music Friday and Saturday evenings. She said she’s read decibel levels at her home of 65 for several hours some nights, sometimes as high as 76.

Shurter said that level of sound is not in keeping with the character of the village, where many residents view its rural feel as very important.

At a November meeting, a citizen committee presented a noise report to the council, detailing complaints such as how loud music is disrupting dog walkers, those working late and diners at other restaurants.

The report further states that the village’s draft comprehensive plan identifies abatement of noise pollution as a goal at least twice.

Shurter said she hopes to see an ordinance that respects the desired soundscape of the village, with enforceable restrictions on noise at all hours. 

Mayor Jim Fahey said earlier this month that the village hasn’t established firm guidelines on noise. He said items to consider include the impact of music on neighboring properties and the viability of venues that use music to attract customers.

“We want them to be able to survive,” Fahey said, adding that even on weekends, the musical performances are over by 9:30 p.m.

According to Village Attorney Randy Autio, the current ordinance defines as unlawful “excessive or unusually loud noise, or any noise that either annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of others within the village limits.”

However, the agenda states that the ordinance does not spell out what a disturbance or injury to others is, nor does it state a volume or intensity at which a noise would constitute a violation.

A staff proposal identifies three possible solutions:

Separate noisy commercial uses from residential uses.

Through zoning or nuisance regulations, disallow certain high-intensity noise uses in neighborhood commercial and residential zones.

Regulate all noises from any source property by measuring how much sound is being produced by a noise that is measurable at a neighboring property. Prohibit all such loud noises with unique decibel sound measures for daytime and nighttime.

Shurter said she’d like to see a reasonable exception made for sounds common to a rural agricultural area, such as running tractors, crowing roosters and nickering horses.

Also on the agenda are the possible purchase of 230 acre-feet of water rights and a presentation from consultant Stantec regarding a possible village-wide wastewater system.

Leave a comment

Leave a Reply