Go to ...

Paula Street Noise

Paula Street Nightclubs Disturb our Neighboorhoods

RSS Feed

July 21, 2017

City Council Petitioned to End Noise Violation


Residents of Forest Acres have petitioned City Council to help end the Noise Violations from the Paula Street nightclubs for years. Here is a brief history.

MAY 7TH, 2013 – Raleigh City Council Meeting Minutes

PAULA STREET – NOISE PROBLEMS – REFERRED TO THE CITY ATTORNEY

XXXX XXXX, XXXX Belaire Avenue, stated he represents a neighborhood which is located about 500 yards away from Paula Street night clubs that play loud music 7 days a week from 10:00 a.m. to 3:00 a.m. They hear the music, gun fire, verbal disturbances, all sorts of noises all the time. He stated he understands the two clubs involved have received numerous citations but the problems continue. He stated he was before the Council to try to find out what could be done and to find out how many citations have to be issued before something is done. He stated they have working families and school children. They are unable to sleep, again citing loud music, noises, gun shots, etc. He pointed out they have talked to the police on numerous occasions and the police tell them all they can do is give out citations. He again stated the noise is terrible, citing the base noise, which is particularly troublesome pointing out that is what they have to sleep with every night. He pointed out he has a petition signed by 25 to 30 of the neighbors who are requesting some action and presented a copy of the police report relating to 2400 and 2414 Paula Street where there have been over 300 complaints from the neighborhood. He asked that the Council please help.

City Attorney McCormick suggested that the item be referred to his office pointing out could look at whether there is evidence to file a civil noise ordinance injunction or Chapter 19 Noise Abatement and explained those processes. He stated he would be glad to review the materials and see if there is any way to proceed on either of these solutions. Without further discussions, the item was referred to the City Attorney for investigation and report back to Council.

No action ever resulted from this petition. City Council nor the City Attorney have produced any report or findings as they stated they would.

 

September 2nd, 2013 – Raleigh City Council Meeting Minutes

NOISE VIOLATIONS – 2400 PAULA STREET – REFFERED TO ADMINISTRATION

XXX XXXX, of Forest Acres, was at the meeting pointing out this is the second time he has appeared before the Council on this issue. He stated the business at 2400 Paula Street has been taken to court a number of times and the judge has issued orders relative to when music can and cannot be played. He stated even after the judge’s orders were entered the property owner continues playing the loud music. He stated he had talked with the police department asking who is enforcing the judge’s orders but nothing seems to happen. He questioned who enforces these orders. He talked about the number of times he has called the police pointing out the people in the area can’t sleep, many have young children who cannot get to sleep at night, etc. How this is addressed and who Mr. XXXX has talked to was discussed briefly with it being pointed out if the club is in violation of a court order then the City could file appropriate actions. It was agreed to hold the item and let the staff and city attorney look into the situation and a report would be provided.

No action ever resulted from this petition. City Council nor the City Attorney have produced any report or findings as they stated they would.

 

November 3rd, 2015 Raleigh City Council Meeting Minutes

AMPLIFIED ENTERTAINMENT PERMIT – LUC LOUGE- REQUEST TO REVOKE – REFERRED TO THE CITY ATTORNEY

XXXX XXXX on Bellaire Avenue, indicated he is representing the neighborhood of Forest Acres which has great concerns with the Luc Lounge. He stated Luc Lounge has received constant noise violations; there is constant noise that penetrates into their back yards, living rooms, bedrooms, etc. He stated it is normally a peaceful neighborhood but the constant noise problems are causing great concern. He stated it is not that they hear music from the Luc Lounge, the problem is there is no time they cannot hear the music. The base penetrates from the lounge into their neighborhood and houses. He stated this club does not operate under normal hours and pointed out they have received a number ALE violations and that prompted the revocation of that license; however, now they operate from 1:00 a.m. to 6:00 a.m. through a bring your own bottle concept. He stated their neighborhood is about a 1,000 feet away. This music is occurring in the dead of the night. He stated he had included with his petition to appear before Council, information on the over 150 calls between May 1 and October 1. He talked about the number of complaints, violation and lack of citations. He stated of the 42 violations at no time was the music turned down. He talked about the number of complaints, problems, work with the Police department, etc.

Mayor McFarlane questioned what constitutes a public nuisance which could cause revocation of their permits. Deputy City Attorney Leapley indicated this issue has not been formally referred to the City Attorney’s office, however, the City Attorney’s office and the Police have been working with the issue. She talked about the process that has to be used or involved and suggested that the Council allow the City Attorney to proceed with the investigation and proceed with court action when and if that point is reached. Ms. Baldwin moved the Attorney’s recommendation be upheld. Her motion was seconded by Mr. Maiorano.

Mr. Odom questioned if there are enough parking spaces pointing out there are towing signs every where people leave their bottles, trash, etc., and the business owners near the club do not want them parking in their lots. Mr. Odom stated he thought in the afternoon section of the meeting, the Council took action to restrict parking on part of the street with it being pointed out that is correct. What can be done was talked about with Mr. Maiorano pointing out it is apparent this is a public nuisance and the City needs to do something about it. Mayor McFarlane questioned if they have an amplified entertainment permit from the City with the City Manager indicating he is not sure. The motion to authorize the City Attorney to proceed with the investigation and proceed with court action if necessary was put to a vote which resulted in all members voting in the affirmative. The Mayor ruled the motion adopted on an 8-0.

The City Attorneys office has not collected any citation fines and has done nothing to persuade the district attorney to prosecute the criminal citations. Instead they allowed charges to be dismissed.

 

April 5th, 2016 Raleigh City Council Meeting Minutes

PAULA STREET ESTABLISHMENTS – CONCERNS- RECEIVED

XXXX XXXX of Bellaire Avenue pointed out he has enjoyed working with the Raleigh Police Department and he supports the Raleigh Police Department 100%. He stated however he does have an issue and concern as it is his belief that the Hawg Pen located at 900 Hodges Street is a police owned, police operated and police protected nightclub which has willfully and deliberately disregarded the City’s requirement for an amplified entertainment permit. He stated representatives of the club did state to him in letter form that they did not get the permit because of the cost to meet fire, safety and electrical codes was too great. They disregarded their customer’s safety by packing their building without the proper inspections being completed. He stated they also discredit or do a disservice to their neighbors as many times they leave the side door wide open allowing the 100 decibels of noise to bleed into the neighborhood. He stated there are several neighboring clubs that have received over two dozens citations; however the Hawg Pen has never received a noise violation citation. Mr. XXXX stated when he discovered that they did not have an AEP he talked with Captain Tommie Klein and asked him why they had not been issued a citation and why they were allowed to operate without an AEP and he was told that the Police would work with them to get an AEP. He stated he contacted representative who seems to be the guru for noise violations in the downtown and asked him how many warnings a club normally gets before an AEP violation is issued. Mr. XXXX stated he was told no one in the City of Raleigh operates without an AEP. It is an arrestable offense and anyone operating without an AEP would be shut down immediately. He stated when he talked to that person, he told him he knew a club that was operating without an AEP and no one seem to care, he told them it was a biker club type location and the person immediately knew about the Hawg Pen. He stated they had contacted the Raleigh Police Department to report that the club was operating without an AEP and Captain Klein showed up but allowed them to continue to operate. The very next day they showed up with a video camera and a citation was written. He stated however the following week the Hawg Pen promoted many events which were reported to the Police Department and when he reported this he was told by Captain Klein that the City Revenue Department stated representatives of the Hawg Pen just applied but continued to operate without the permit. He stated he was told that Officer Christopher Gay gave them permission however he could not confirm that. Mr. XXXX stated he had been told by members of the Raleigh Police Department and people who worked at the club that it was a law enforcement owned and operated club.

City Manager Hall pointed out their representatives from the Police Department are available to answer questions and the City Attorney had also been working on this issue.

In response to a request from Ms. Baldwin, City Attorney McCormick stated he really has nothing to add to the memorandum that he sent to the City Council about a week ago which contained confidential/privilege information.

Captain Klein pointed out he had talked with Mr. XXXX on multiple occasions, met with him, exchanged emails, etc. He stated he has provided Mr. XXXX information on the clubs in the area which have received citations and pointed out when he first did research he did it by block and had provided information as to what type citations had been issue. He stated however when he later did the research by location, he found that the Hawg Pen had been cited twice, once for not having an AEP and once for a noise violation.

Captain Klein pointed out the Hawg Pen just like any other business is allowed to have four unpermitted events per year. He stated representatives of the Hawg Pen just like Club Reign, directly across the street have always been very cooperative. He stated there are other clubs in the area closer to Mr. XXXX neighborhood which have had multiple noise violations. Captain Klein stated he sees nothing to indicate that the Hawg Pen is a police owned or operated facility. He stated he is not saying that Police Officers do not frequent the location like they may at any other club but he finds no evidence of ownership.

In response to questioning, Captain Klein pointed out there are four clubs in this particular area. Club Reign at 808 Hodges Street, Hawg Pen at 900 Hodges Street, Club Luc at, 2414 Paula Street and El Tucanaso at 2400 Paula Street.

Mayor McFarlane suggested that the City Attorney’s office look at the additional information Mr. XXXX provided at today’s meeting and follow up accordingly.

Mr. XXXX stated he does not know what other action could be taken at this point as the club has received an AEP license. He stated however he brings all of this up to demonstrate the steps that he and his neighbors had to go in order to get a club to secure an AEP license and concern about what he has been told personally and in written form about the law enforcement connection with the Hawg Pen. He stated he does feel they are getting a different attitude from the Police department on other clubs. It was pointed out the issue has been referred to the City Attorney.

 

Tags: , , , , ,

Leave a Reply

Your email address will not be published. Required fields are marked *