|
Written by Steve Frank
|
|
Friday, 03 August 2012 05:50 |
The suit filed against the town of Boone by both Boone Saloon and Char Restaurant has been removed from Watauga County Superior Court and will now be heard by the U.S. District Court for the Western District of North Carolina.
Just when that matter will be heard is not clear, but attorneys for Boone Saloon and Char filed motions on July 23 asking for a preliminary injunction and temporary restraining order to bar Boone from issuing noise ordinance penalties until the lawsuit is settled in court. The suit was filed after the Boone Town Council took no action in their July 19th meeting as the July 31 expiration of a five-month trial period approached. After seven months of hearings and trials of various proposals, the Boone Town Council voted 3-2 in February to enact changes to the noise ordinance. The trial period for the new ordinance ended July 31st, and should now been in full force—pending court action stops the town from enforcement. The injunction mentions only Boone Saloon and Char. The new ordinance measures sound at 10 feet of a venue's property line, limiting it to 70 decibels from 10 p.m. to midnight Friday and Saturday evenings and to 60 decibels from midnight to 2 a.m. Saturday and Sunday mornings. Weeknights, the standards are 70 decibels until 11 p.m. and 60 decibels after that. Fridays and Saturdays, limits of 85 decibels are permitted from 10 a.m. to 10 p.m. and 10 a.m. to 8 p.m. on Sundays. |