POSTED: Tuesday, Jul. 27, 2010

Bellingham council appears torn on noise limits for downtown music

BELLINGHAM - A music and entertainment noise ordinance designed to set decibel limits for downtown and residential areas may end up with no thresholds after all.

City Council members appeared to waver on setting a maximum 85 decibel noise limit for downtown after officials from the Bellingham Police Department, city administration and City Attorney Joan Hoisington all said they like the law as it is now.

The current law is a nuisance noise ordinance with no specific limits for noise volume. Instead, noise standards are the subjective determination of officers as to whether a violation has occurred and a citation should be issued.

Council members made no changes to the ordinance during a Monday, July 26, committee hearing on the issue. Instead, they decided to wait until an Aug. 9 public hearing to get feedback from the community. Then they intend to have another work session before considering whether they'll adopt new rules.

Still, City Councilman Terry Bornemann, who has been the main proponent of protecting music venues as part of a vibrant downtown and nightlife scene, wants the council to create an "entertainment district" downtown and provide some official backing stating that if people move downtown, they should expect loud music from bands.

Council members previously directed policy analyst Mark Gardner to draft a music and entertainment noise ordinance based on Austin, Texas, law. Austin, dubbed the "Live Music Capital of the World," has police use advanced sound meters to gauge the volume of sound based on a set decibel limit. The maximum 85 decibels was mirrored in Bellingham's proposal for downtown, with lower maximums in residential areas.

Councilman Stan Snapp said after hearing from the police - not the first time department officials have said they think no change is necessary - he didn't think a new law should be created because there aren't enough complaints.

Deputy Chief David Doll told the council that the way the system works now - having police build relationships with downtown venues and residents - is good. He noted that so far this year there have been 12 noise complaints in the Central Business District; none have resulted in noise citations.

In 2009, there were 13 complaints, he said. No citations were issued then for downtown venues.

But City Councilman Michael Lilliquist said the point of the ordinance isn't to discourage police from working with music venues and residents, or to take away their flexibility in deciding when a citation is warranted. Instead, the point is to give downtown businesses a better, objective set of guidelines so they know when they are, or aren't, "crossing the line."