The 44th District Agricultural Association last week unanimously agreed to implement a good faith policy that should prevent future noise violations on the fairgrounds after 10 PM.
The fair board, at its June 28 meeting, agreed to impose a $5,000 fine if grandstand users fail to cease all concert or other noisy operations at 10 PM.
The change in policy, from a $500 fine, was the result of a concert held April 30 that went on for nearly an hour past the city’s noise cutoff, which caused Colusa residents to burn up the phone lines to police, fair board members, and members of the Colusa City Council.
“I got a lot of calls on that,” said Colusa Mayor Greg Ponciano.
Colusa Chief of Police Josh Fitch said there were numerous complaints about the music going over its scheduled time, although it was not a common occurrence.
That the music was amplified and carried into town by a rare southerly breeze only added to the complaints from people desiring a little peace on a school and work night.
“I was on the river at 5 PM and it felt like (the concert) was on the beach,” Fitch said. “I was really surprised by how loud it was.”
Fair Board members said they, too, received complaints about the Sunday evening concert, which the promoter – believing he only had to pay a $500 fine – allowed to go over schedule because of a late start by the band.
“The city ordinance says 10 o’clock,” said Director Jamie Traynham. “That is why we say 10 o’clock. We have to follow the same rules.”
Fair officials said Javier Ruiz, who has been holding Mexican Rodeos at the Fairgrounds for more than a decade, had – on that particular evening – opted to just pay the fine, enumerated in his contract, rather than short his customers a good time, not realizing the event would create such a firestorm on social media.
“Everyone was complaining,” said Director Tony Garofalo.
Fairgrounds Chief Executive Officer Laura Ford said she has since talked with Ruiz and he understands that by law, concerts must end at 10 PM, regardless of what time they start, and that he cannot just opt to pay a fine in the future.
“He lives in this community too,” Ford said. “He cares what people are saying.”
While some directors initially thought a $5,000 fine was a bit steep, the 44th voted unanimously for that amount because it serves as incentive for concert promoters to abide by the noise ordinance. It is also a good-faith effort by the fairgrounds to assure the public they will enforce the 10 PM shutdown time.
“I don’t think it’s going to happen again,” Director Laurie Costa said. “I’m good with $5,000. I don’t think it will happen again.”
As for the noise levels, Ford said sound is measured throughout the concerts so as not to exceed the 85 decibel maximum allowed.
Officials said wind conditions may make the music carry, but the decibel level should remain at or under the maximum.
Ruiz has booked the fairgrounds grandstands throughout the summer, and averages two concerts a month.
Each concert brings about 2,000-3,000 people to Colusa, which helps drive the local economy by visitors stopping at fuel stations and convenience stores, officials said. ■