*** Thursday, March 13 at 5PM in the Pearl Street Courthouse is
hopefully our last public hearing on this topic. Public written
comments will be accepted through this next Tuesday March 4th. ***
If you can spare 2 minutes (preferably before Tuesday, March 4),
please write Boulder County acting Land Use Director Dale Case
(copying the 3 Commissioners below if you can) about your feelings
regarding the proposed “home events” regulation.
http://www.co.boulder.co.us/lu/code_updates/home_events/pdf/DC07001HomeEventsDraft011808.pdf
It would be best if you did not simply forward this e-mail but
actually used your own words.
Here are 10 points to consider - you can pick and choose one or two
that resonate with you:
(1) Boulder County can exempt “home events” by simply changing the
definition of commercial activity. And do nothing more. There is no
difference in neighborhood impact between a private party host paying
the musician versus a private party voluntary contribution basket
paying the musician. Existing noise regulations should apply equally
to all outdoor events from BBQs to concerts. Focus on the impact not
the type of activity for a clean law;
(2) One obvious problem is how do you handle a New Year’s Eve concert
if it needs to end by 11 PM?;
(3) The linkage back to home occupation regulations adds an
unnecessary large complexity - this will confuse both house concert
hosts and regulators;
(4) The maximum sign size should be increased from two square feet to
six square feet per LUC 13-200 (A)(1)(b) which allows a 6 square foot
(12 square feet for lettering on both sides) temporary sign. This is
a 2-foot by 3-foot maximum size sign which is really not that large.
“For Rent” and “For Sale” signs of that size are routinely left up for
months so why question a home event sign for one night;
(5) The draft regulation is unnecessary because even the former Land
Use Director admitted the one or two obnoxious outdoor events per year
were dealt with existing codes regarding noise or commercial activity;
(6) The draft regulation is unenforceable because who will actually
record if you do thirteen or more events with 25 or more people. It
has many large loopholes (e.g. prayer meetings with music, benefit
concerts, political fund raisers) so regulating frequency creates
enforcement problems;
(7) The draft regulation is unconstitutional because it violates 1st
and 14th amendments - rights of free speech and peaceful assembly;
prior restraint; unequal protection under the law. Music is a form of
protected free speech. Why can wealthy people have as many private
parties as they want but a group of lesser means people can’t share
the cost? How is the impact different for 13 house concerts versus 13
political fund raisers or charity events with entertainment? All
these events could potentially have the same impact on a neighborhood.
Why is a 300-person outdoor polo charity event (regularly taking
place in Boulder County) allowed more flexibility than a quiet indoor
event even if the house concert host owns more land?
(8) Boulder County has already spent 22 months of staff time pursuing
this regulation with little to show. Taxpayers should be sickened by
the resources devoted to this non-issue. Imagine the additional cost
if a well-funded house concert host decided to challenge this
regulation aggressively in court…someone less cooperative would have
consumed far more staff time and legal resources;
(9) Many cities and counties around this country allow house concerts
to take place without conflict. Boulder County’s cultural reputation
has been damaged. Provide protection of house concerts in the Land
Use Code but do nothing more. House concerts build community so they
should be encouraged not discouraged;
(10) Prosecutorial discretion needs to be adopted. Boulder County
should re-evaluate the anonymous complaint policy. Former Land Use
Director Graham Billingsley apologized for the software error on the
initial inquiry (perceived high water usage) that should have been
immediately dismissed given Boulder County does not regulate water
usage. (The concern was unwarranted given how little well water is
used by the Chings.) The anonymous complaint the Chings received
could have started as an exaggerated 19-point “non-complaint” but
there’s no way to track anonymous complaints. The only name that is
registered currently is a hypersensitive complainant who has called
DIA over 500 times in one year to complain about airplane noise. Who
is being harassed?
Other municipalities have ignored anonymous complaints (as they could
be from outside the jurisdiction) or have required two separate named
complaints (so one chronic complainer cannot abuse the system) within
a short time period. Others have attached some penalty for frivolous
complaints.