Bar noise bothers neighbors in east Vancouver

It’s not just affecting Webb’s livability. The issue was raised at the East Mill Plain Neighborhood Association meeting in October.

Michelle Drake, chair of the neighborhood association, said she’s spoken with other neighbors who agree the music and noise is an issue. It’s gotten progressively worse over the last few years, but many neighbors don’t bother to complain, she said, because nothing is being done.

Drake said she’s among those who have stopped calling 911.

Since February 2015, CRESA, the county’s 911 call center, has received 22 noise complaints related to the bar’s address — 19 calls were about the music. Sixteen complaints were lodged this year, the majority of which were over the summer.

Of the 22 calls, 15 came from the same number; six different numbers have called to complain. Eight calls were made after 10 p.m. And the majority of calls were made Thursday night through early Sunday morning.

“It’s ridiculously loud,” Drake said. “They are a nuisance.”

Vancouver police have responded to the bar and spoke to the owner about turning down the music.

Efforts to reach the bar’s owner, Gary Hostetler, were unsuccessful. An employee who answered the phone said he’s rarely there.

According to its Facebook page, the bar touts itself as a “live music destination for local, regional, national and touring bands, typically hosting the best in rock ‘n’ roll, cover and tribute bands.”

“The Cascade has been a known music destination for over 40 years now focusing on energetic rock ‘n’ roll bands and special events. We are proud to host the longest running Jam Session on Thursday nights, featuring Frank Murray as host, 11 (years). We provide (a) state-of-the-art digital sound system with stereo and concert quality lighting, spacious stage with drum riser,” the Facebook page states.

Drake said the neighborhood isn’t trying to get the bar shut down. “We just want them to be good neighbors,” she said.

The issue prompted her and Webb to contact the city.

“We are trying to be a neighborhood. We are trying to work together,” Drake said. “The city should have never allowed the bar to operate that way in the first place.”

The city of Vancouver says it’s seeing this issue crop up more in neighborhoods where bars are also situated and offer live music –mostly in the downtown area.

A similar issue was raised earlier this fall in the Carter Park neighborhood involving The Rusty Chain bar and grill. The difference, Drake said, is that the owners of that establishment are working with the neighborhood.

“That’s not our situation,” she added.

Drake said they’ve gotten little help from police or the city, and argues that the city gives preferential treatment to businesses.

“My frustration is beyond belief,” she said.

Citizen forum

That was apparent at a citizen forum last week in which Drake addressed the city council about the issue.

“Why the city council even allowed this business model to change in the first place without a neighborhood forum or public discussion or … what this patio is going to intend to provide, that’s a silly decision to be made without neighborhood consent to begin with,” she told the council.

Councilor Bart Hansen assured Drake that the city is not giving preferential treatment to businesses. He acknowledged that businesses in Vancouver and ordinances have changed over time.

“I do take into exception that when the use changes but the neighbors have always been there, then that’s something we have to address,” he said. “This isn’t like you moved next to an airport and are complaining about airport noise.”

Drake said she wants the police to enforce the city’s noise and nuisance ordinances.

After Webb first reached out to the city council in July, the Citizen Liaison’s Office responded to the bar and spoke to staff about the noise. It also contacted Code Compliance to ensure all permits were in place for the outdoor patio, according to a memorandum distributed to the council at its Monday night meeting.

Peggy Furno, citizen liaison with the city manager’s office, wrote in an email that commercial patios don’t require land-use permits, so there is no regulatory process for prohibiting them in commercial zones. And they don’t require a permit for outdoor music, as long as the event doesn’t attract more than 100 people.

Noise issues between businesses and residences are enforced by code compliance officers by noise decibel testing — which the city offered to do in this situation in the spring, when patio use will likely pick up, Furno said.

If the decibel rating is too high, businesses are given a warning. If the problem persists, they can face civil citations — a second violation can result in a $250 civil citation, a third violation can result in a $500 civil citation, and ongoing violations can be enforced as criminal misdemeanors, according to the memo.

Code Compliance is sending letters to the owners of the bar and property this week, Furno said. Community mediation is also an option.

There are also a number of code and policy changes the city council can explore.

The council could require commercial outdoor dining to be set back a minimum distance from nearby residential properties, though enforcing it retroactively would be challenging, the memo states.

It could prohibit outdoor music to restaurants and bars if they are within a certain distance of residential properties or require a special permit for outdoor entertainment to be renewed each year, according to the memo.

Citizens concerned about noise should report their complaint to 311 or 911, Furno said, or contact their neighborhood police officer who can speak with the business owner.

“It’s one of those delicate balances. The business has been there a long time,” she said. “Perhaps, new outdoor environments are something we will have to keep an eye on. We want everyone to be good neighbors.”