Judge upholds noise, vibration ordinance

PALMER -- The Mat-Su Borough's noise and vibration ordinance has passed its first test, if by default.

Anchorage District Court Judge Jack Smith, filling in for Palmer Magistrate Judge David Zwink, ruled in the borough's favor Wednesday morning after plaintiff Bob Stevens, owner of Fish Heads Bar, was not present for the 8:30 a.m. hearing.

Stevens, Wednesday afternoon, said the hearing had been changed from its initial 2:30 p.m. time, and he was confused. He realized too late that it was a morning hearing, and arrived at the courthouse after 9 a.m. to request that the judgment be set aside.

"I certainly didn't mean to miss it," Stevens said. The borough attorney's office has filed an opposition to Stevens' request.

Stevens will be asked to pay $300 each on two violations of the borough's noise and vibration ordinance, plus a $10 surcharge due to the court for each count. Stevens said if his request is denied he'll decide whether or not to appeal.

The case revolved around two complaints issued May 22 and 23 by property owners who live on the bluff above Stevens' bar. Property owners have complained that the music from the bar is accompanied by a thumping bass beat that rattles windows and resonates throughout their homes. The May complaints were filed just days after a new Mat-Su Borough ordinance went into effect that stated noise and vibration from amplified music could not cross property lines during certain hours of the day.

Stevens, who said he's no stranger to challenging municipal ordinances, said this is the first time he's been issued a default judgment, and he said he plans to fight it.

"It's just a matter of how much time I want to spend on it," Stevens said. "There are a lot of ways to fight it -- I just don't know if I feel like doing them."

Stevens may soon have more opportunities to challenge the decision. Ken Hudson, the borough's chief code compliance officer, said complaints have been filed without fail each weekend since the ordinance was enacted. Now, those other complaints can be dealt with, Hudson said. If Stevens refuses to comply with the ordinance, Hudson said, the borough may consider taking the next step -- appealing the decision to a higher court and requesting an injunction to make the bass stop.

"This is essentially asking him to comply -- if he will modify his business to comply with code," Hudson said. "Our intent is not to stop a business man, but to make sure he complies."

Stevens said he's trying to be a good neighbor. He said he's done about $20,000 in modifications to his building and sound system to comply with the noise and vibration ordinance. He said he was under the impression the complaints had stopped -- he's not heard, he said, from borough staff or from property owners upset by the noise since the May complaints were filed.

"It'd sure be nice to know that," Stevens said. "Other than that first weekend, we've never received notification from [the borough]."

Hudson said he's spoken with Stevens several times about the complaints, including dates in late May and June.

"We've talked with him since then, and he's talked with complainants since then," Hudson said. "To say he's not been notified … is disingenuous."

Hudson said the borough has spent more than $7,000 in testing equipment, training and investigating the claims against Fish Heads.

"The borough's been moving to respond to the people's concerns," Hudson said.

Two property owners who've filed complaints attended the hearing. Both Tara Gibbs and Gini King-Taylor said they recognized the judgment would not make the bass stop, but were pleased by the decision.

"I think it's the first step in a long process of solving the problem," said Gibbs. "But at least it's a step forward."

Contact Rindi White at rindi.white@frontiersman.com.