Do you think your neighbors can hear your stereo? Can they hear your alarm clock? How about your band practicing on a Sunday afternoon?
When you go see live music at one of the Downtown venues, do you want to have to shush your friends so you can make out some muted band's sound freshly castrated by the noise ordinance?
These questions remain relevant since the final vote on the noise ordinance was cast Monday, Oct. 7 by Eric Griego, representative of the downtown district, and his merry band of city council members.
In a unanimous decision, the council voted to revise the citywide noise ordinance and remove special exemptions for special center zones. There were two such zones, one uptown near the Coronado and Winrock mall area and one Downtown. The exemption, which no longer exists, had allowed these zones to have noise level of no louder than 10 decibels above ambient noise level as measured from the hearing property.
You knew that, right? But did you also know that earlier this year, the citywide sound ordinance had been modified to state that an unacceptable noise level was one that was plainly audible on another property? This means that if your neighbor can just make out your stereo, they don't have to be able to hear it loudly or well, you can be cited.
Okay, so noise ordinance revision one, plus modification two, equals - any cranky resident in the Downtown area can call and complain about any of the venues at any time and citations will be given if the noise level is plainly audible. After two citations within a two-year period, the business can be shut down or seriously penalized.
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While the residents' complaints can be understood and even sympathized with - no one should have to deal with excessive noise every night - one can't deny these new restrictions create an imbalance of power. Worst-case scenario, imagine a blue-haired, cat-loving old woman with nothing to do, wielding the power to kill local nightlife.
Michael Feferman, producer of the New Mexico Showcase has been organizing with various local bands to build a coalition and get the mayor to veto the new bill.
"It's always been a problem of enforcement, not legislation," Feferman said. "They never enforced any of the ordinances before, that's why we have this problem now. Changing it doesn't make any difference."
This bill was passed haphazardly, a quick answer to concerns raised by Downtown residents, but no decibel research went into the proposed solution. And if the less restrictive ordinance wasn't enforced before, how does the council expect this to work now? In essence, this bill doesn't help the residents either.
Feferman does not deny that some restriction on the noise level is necessary to create a harmony between residents and business owners, and he doesn't think Griego is a bad guy. Rather, he believes Griego ran out of time and resources for the appropriate research.
"If there was a problem with the ordinance, we never really established what it was," Feferman said. "Unless we do some research and establish fair levels, we can't come up with an effective solution."
You can support the efforts to get Mayor Martin Chavez to veto the bill or get Council member Eric Griego to consider a better compromise. Let them know what you think by attending either of the showcase events this weekend and signing the petition, or contacting them directly. Suggested wording is available at the Showcase Web site at www.nmshowcase.com under the "about" link.
Contact Griego at 768-3100 or egriego@cabq.gov. Contact Chavez at 768-3000 or martinchavez@cabq.gov.
