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City of Altoona Noise Enforcement back to PLCB?
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Jim Price
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Joined: 07 Dec 2002
Posts: 4817
Location: Altoona, PA

 Post Posted: Tuesday Oct 28, 2014 
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For anybody who isn't aware, the City of Altoona is currently dealing with a noise issue regarding the Cesare-Battisti Club. The Club was granted an exemption from the PLCB regarding running outdoor music, but complaining neighbor issues have prompted Altoona City Council to consider turning jurisdiction over noise enforcement in that vicinity back to the state's Liquor Control Enforcement.

Here is the Altoona Mirror's story from October 23 regarding Council's actions, as discussed during their Oct. 22 meeting:

Quote:
City Manager Peter Marshall on Wednesday recommended that City Council give back to the state Liquor Control Board the responsibility for noise enforcement at the Cesare Battisti club in Eldorado - which would revoke the club's permission to play outdoor music.

Marshall made the recommendation after months of complaints from neighbors about the music - complaints the club says stem from personal grievances the neighbors hold against club leaders.

City Councilman Bruce Kelley recommended they hold off action until council can discuss Marshall's suggestion at a work session while discussing all aspects of noise control in Altoona.

Those talks would include consideration of a recently introduced but not yet adopted ordinance that would base enforcement on subjective common sense rather than objective readings from decibel meters.

Councilman Mike Haire agreed with Kelley's caution, saying the city must beware of creating a tool for residents to harass neighbors.

He doesn't want feuding neighbors living on 25-foot-lots to inflict punishment on one another by calling police if they can hear each other through the walls, he said.

Council needs to consider all the implications for power saws, stereos and snow blowers, Kelley said.

Haire cited his own habit of playing recorded music at an open window in his house so he can hear it while doing yard work.

Kelley also worries about police having the time to enforce noise rules, because they're "spread thin."

The current ordinance requires training and expertise that city officers lack, putting those officers at a disadvantage during cross-examination in court cases, Marshall said in arguing for the new proposed ordinance.

That current Altoona ordinance is modeled on one that State College eventually replaced by the kind of subjective, common sense ordinance Marshall is proposing, Marshall said.

Marshall's recommendation to rescind the Cesare Battisti exemption wouldn't apply to the other establishments and locations where the city has taken over noise enforcement from the LCB to allow outdoor music.

Council can rescind an exemption unilaterally, after a 15-day notice to the LCB, according to solicitor Larry Clapper.

Betty Restauri, one of the neighbors who has complained about the Cesare Battisti, attended Wednesday's meeting but declined to speak to a reporter afterward.

The Mirror didn't hear back Wednesday evening from Cesare Battisti Vice President Mike Provenzano after leaving a message asking for comment.


Nothing has been officially decided by Council as of yet, and the issue has been tabled until further discussions and possibly a council work session take place to study the issue and its consequences.

But for anyone who plays live music in the Altoona area who is worried about noise enforcement issues, you will want to follow this situation as it continues, and perhaps even attend future City Council meetings to express your possible concerns.
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