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IM noise rules frustrate Maxx owner

IRON MOUNTAIN — The owner of The Maxx Entertainment Center in Iron Mountain is putting an expansion on hold as he tries to deal with noise complaints.

Dave Fraser, who has operated the center at 2202 Aragon St. since mid-2022, told Iron Mountain City Council on Monday he’s stopped plans for an amphitheater at the industrial-zoned site because of the city’s noise ordinance.

The city, he claimed, is forcing him to change his business model because of “a few people” complaining about noise. Electronic dance music has caught on at the center, which has an indoor capacity for 300 people, but apparently only if it’s blasting.

Fraser said crowds of up to 60 people fell off to 13 when he promoted a reduced volume event. “When I turn it down, I don’t make any money,” he said. “Stopping this is going to put us out of business.”

The city has yet to issue a citation against The Maxx under a noise ordinance last modified in 2012, but police have been in contact with Fraser as calls arise.

“When you turn up the bass as loud as you can, that’s the problem,” Mayor Dale Alessandrini said.

Complaints on EDM nights have come from people living thousands of feet from the center, which hosts a variety of other entertainment such as cornhole, open jams, comedians, all genres of music and professional wrestling.

Alessandrini said if Fraser wants to emphasize EDM, the best solution is better insulation, adding “we always work with people.”

Fraser said he’s sought out remedies, including placing foam under the stage to minimize vibrations, but his budget only goes so far. He’s also willing to communicate with residents during events to see if volume adjustments are effective.

The city’s ordinance on “general prohibited noise” isn’t based on decibel levels but rather prohibits “any excessive, unnecessary, unnatural, repeated, prolonged or unusually loud noise, or any noise which annoys or disturbs or injures or irritates or unreasonably impairs the comfort, repose, health or peace of other(s).”

A specific prohibition that would apply to the playing of music sets a curfew of 11 p.m. for anything “plainly audible at a distance of 50 feet from the building, structure, or vehicle in which it is located, or which is plainly audible in a dwelling unit other than that in which it is located.”

City Manager Jordan Stanchina suggested the council seek to modify the ordinance for industrial zones, expanding the allowable distance beyond 50 feet, but other issues would remain.

David Johnson, a Van Buren Street resident, said the city’s noise ordinance is likely to fail if challenged in court because it’s “vague and subjective.”

City Attorney Gerry Pirkola said the ordinance was changed to its current form in 2012 after neighbors complained about loud music at the Stables Bar, which has since closed.

It’s similar to what’s in place in many other municipalities, he said.

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