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The city of Grand Marais has been discussing and debating an ordinance to end neighborhood conflict over outdoor musical performances for several years. The matter seems to arise every summer as the weather warms and local establishments provide entertainment for customers on decks and patios. I respect the current city council for its determination to resolve this matter—but I think their solution needs more work.
The current proposal is simple, which the council has said it wanted from the outset. Sheriff Mark Falk, facing personnel shortages, also wants an ordinance that is easy to enforce. The council’s latest draft is that. It is simple. But I don’t think it’s fair, to folks who want peace and quiet or to people who want to rock and roll outdoors.
The ordinance which saw its "first reading" on Wednesday, June 24, does not take into consideration the volume of the music played. It instead sets a time limit. Bands may play at any sound level until 10:00 p.m. on Sunday through Thursday and until 12:00 midnight on Friday and Saturday nights. To me, it’s a lose-lose proposition.
Thepeople who want quiet in their homes or for their motel guests don’t want loud music playing, no matter what time of night or day it is. They may be somewhat appeased by knowing that there is a time when music will cease, but they would prefer for it to end long before even the earliest cut-off time. Whether they need rest for health reasons or whether they need to get up for work early in the morning, the time restriction on outdoor music is not helpful to someone trying to rest early in the evening.
Likewise, the establishments who hope to entice customers to stay to eat and drink into the late evening hours are not happy to have to shut the music down up to three hours before closing. Customers will likely go home—or to an establishment outside of Grand Marais proper where bands can perform as they do in most of the state—until 1:00 a.m. Thetime restriction is not helpful to the hardworking bartender or server who loses several hours of wages via tips.
Another solution is to set a standard for noise allowed and to use a decibel meter to ensure that musical performances are quieter than the standard. Yes, it would cost the city some money to purchase a noise meter. Yes, it would take law enforcement away from other possibly more critical duties. Yes, it would be more difficult—but it would be fair.
There may even be a way to make that solution easier. As one citizen Jef Cerniak suggested, perhaps a "noise deputy" could be hired. If the need for noise checks became too much for law enforcement, perhaps a part-time worker could perform noise monitoring, freeing up law enforcement for other matters.
I don’t think it would come to that. Use of a decibel meter would settle the argument in a neutral and analytical manner. I believe that a few times of conducting a decibel meter test would finally settle the debate. Overly sensitive folks could see that the sound really is within reasonable limits— or bar owners would see that their entertainment really is intruding.
Businesses have already taken steps to modify the areas where music is performed. One has installed air conditioning to allow entertainment to be inside more frequently. Another rearranged its stage and speaker set-up. Some of the people who were most bothered by music in years past say that things are better.
If businesses know just how loud music on a deck or patio can be, they can take other steps to conform to the standards. If the music gets quieter through these measures, nearby neighbors can relax and once again enjoy their days and nights.
Music hath charms to soothe a savage breast,
To soften rocks, or bend a knotted oak.
William Congreve
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