To Mayor Hollie Rogin and the Lyons Board of Trustees:
We are writing to offer our opinion and expertise regarding your deliberations on new noise ordinance and music venue noise regulations for the Town of Lyons. We are grateful that the town is addressing this issue, as we understand that the current regulation is not adequate for a town with the musical spirit, heritage, and pedigree of Lyons. But we do have concerns regarding the draft regulation, and we hope you will consider our input as aimed at helping Lyons to continue to thrive as one of the most important musical communities in the Front Range.
First, we should take a moment to introduce ourselves, because who we are will tell you a great deal about how impacted we will be by any new noise regulations in Lyons. Each of the 102 signatories to this letter is a musician who either lives in Lyons or plays live music at Lyons music venues, and many of us both live and play here. As you all know, Lyons is a unique and critically important place in the Front Range music community. Many of the bands formed here go on to success regionally and beyond, and Lyons exports musical talent at a disproportionately high rate given its population. Additionally, some of the most cherished, storied, and respected music venues in the Front Range are located right here in Lyons. Put simply, as we all know, Lyons is proudly a Music Town.
Yet, as we noted above, the existing noise regulation in Lyons – if it was enforced as written – would effectively shut down every live music event in town. It says that “[e]lectrically amplified sound audible twenty-five (25) feet from the source of said sound” is, prima facie unreasonable noise that is unlawful (the “25 Foot Rule”). We’ve collectively played hundreds of concerts in Lyons and we can say with confidence that, for any outdoor concert, electrically amplified sound will be audible 25 feet from its source. We can further assert with confidence that there is no way to perform an outdoor concert that complies with this existing regulation. The current regulation is unrealistic and unworkable, and we agree that it requires revision if we are to stay a Music Town.
The new regulation, as drafted, appears to be equally unworkable. Not only does it retain the flawed 25 Foot Rule, but it adds a Music Venue Noise Regulation that asserts: “Music shall not exceed 65 dBA during permitted hours, measured at or inside the receiving property line other than that on which the outdoor music originates”. This would set yet another standard that risks making every outdoor music performance in the Town of Lyons unlawful, even if conducted during permitted hours and at permitted venues. According to a Decibel Level Comparison Chart from Yale Environmental Health and Safety, 60-70 dBA is the equivalent of “normal conversation.” Background noise at a business office clocks in at 60-65 dBA. A household refrigerator is 55 dBA which most would perceive as barely audible. 65 dBA is simply too low. A more workable limit would be 80 dBA measured at the complaining residential party’s property line.
Compounding the problematic 65 dBA threshold is the punishment regime that accompanies it in the draft regulation. Upon third violation, in addition to a $500 fine, a venue can have its Outdoor Music Permit revoked for a year. Assuming a Thursday through Sunday music schedule in the good-weather months, that could be 100 paying gigs that disappear during the year of revocation. That is an unfortunate result for the music lovers in the Town of Lyons, who will miss the live music and the joy it brings. But it’s a catastrophicresult for the musicians who provide that music, because it means the income we earn from playing that music – income we use to pay for rent, groceries, childcare, gas and dozens of other things – disappears for that year. Based on what we know of the average Lyons gig fee, that’s tens of thousands of dollars of lost economic activity that will have knock-on impacts throughout the Lyons economy.
We think it is unwise to replace one unworkable regulation with another. All would agree that Lyons’ treasured music venues are at the heart of the Lyons small business community. And, while we don’t always think of them this way, the bands and musicians that play in those venues are small businesses, too. Regulatory uncertainty is a tremendous threat to any small business. Having an unworkable regulation on such a critical issue creates an environment where these small business operators in the music and entertainment space are unsure if conducting their business will result in them losing large swathes of their income for long periods of time. We can’t imagine this is the result the board intended when drafting this proposed regulation.
We love playing music in Lyons, and living here, too. Music is a critical part of the lifeblood of this incredible town. Musicians are drawn to Lyons because of its tremendous musical history and heritage. And new entertainment-based businesses are drawn here because of the abundance of musicians. It’s an incredible, positive-sum, creative, cultural, and economic ecosystem that is terribly rare and incredibly unique. Other towns and cities in Colorado and beyond look at this ecosystem with envy. Any regulatory actions that impact this thriving ecosystem should be taken with great care and with an eye toward making our musical community stronger, more economically viable, and more resilient.
With sincere gratitude for your service to our community,
The Musicians of Lyons (signature page follows)
Aaron Hoffenberg
Aaron McCloskey
Aaron VanWyk
Adam Hines
Alex Johnstone
Alex Koukov
Alexa Wildish
Allen Cooke
Andrew Brislin
Andy Reiner
Annie Sirotniak
Bill Browning
Bill Huston
Bonnie Paine
Bonnie Sims
Brian Baer
Brian McRae
Bridget law
Bryan Dubrow
Cami Harris
Carly Parker
Carson McHaney
Chandler Holt
Charlie Rose
Charlie Stevens
Chris Elliot
Chris Roszell
Chris Weist
Christie Schneider
Chuck Tinsley
Cody Bennet
Conner Hollingsworth
Dave Pailet
Dave Richey
Dave Willis
David Burchfield
David Lawrence
David Tiller
Donald Chavez
Donie Amboray
Dylan McCarthy
Eben Grace
Elijah Donovan
Elio Schiavo
Emma Rose
Enion Pelta- Tiller
Eric Thorin
Eric Wiggs
Erik Hill
Erin Youngberg
Evan Shely
Eve Panning
Ian Brighton
Ian Haegele
Ian Parker
Jack Cloonan
Jackson Earles
Jame Armington
Jami Lunde
Jay Elliott
Jean-Luc Davis
Jesse Burns
Jesse Garland
Jiffer Harriman
Joe Kuckla
Jon Garson
Jon Pickett
Josh Elioseff
Joshua Nacht
Joy Adams
Justin Hoffenberg
Justin Konrad
KC Groves
Kyle Ussery
Laura Stratton
Liam Pearce
Megan Cody
Melissa McGinley
Michael Thompson
Mike Canney
Mike Hyland
Mike Silbernagel
Monica LaBonte
Natalie Padilla
Nick Amodeo
Penelope Harriman
Rich Zimmerman
Ryan Chiachiere
Ryan Drickey
Sally Van Meter
Sam Armstrong-ZIckefoose
Sam Parks
Scott Slay
Shauna Lee
Summers Baker
Taylor Sims
Tom Knowlton
Tony Crank
Travis McNamara
Will Kuepper
Will Pavilonis
Zack Littlefield
Ryan Chiachiere 