Do something or let it go?

<p>I live in a nice residential neighborhood in which there is a charming main street which runs perpendicular to residential streets. On that main street is a German restaurant in a two-story building which backs up to the residential streets. It has a “beer garden” which is really a small backyard right in the middle of the neighborhood. They had been holding parties and events that were very noisy, involving things like microphones, electric guitars, and amplifiers, including the night before last year’s state educational exams. That one went on until 2 am and rattled windows several blocks away. Several people complained to our local official and it stopped for a while but has been ratcheting up again. The restaurant is having an Octoberfest party in a couple of weeks in which they are planning to have an Oompah band in the yard and a rock band indoors until 4 am. There is no way anyone will be able to sleep that night, and calling the police the night of won’t help because the police only collect noise data under the wretched Michael Bloomberg. This is a once a year event and I’m very sympathetic to a small business, but the frequency of different events has been increasing, along with the noise, drunken behavior, fights, litter, and driving under the influence. I could raise a ruckus about this, but I’m not sure if I should. Can anyone think of a good way to handle this? FYI, one of the owners hides from people and puts out front an employee who lies like a rug.</p>

<p>Going until 4am seems way over the top for me and making loud outside noise until 2am is also too much. It’s all the worse since it’s happening fairly frequently.</p>

<p>Is this an area that has elected officials who can handle this sort of thing? Are there any ordinances, if not city then county, that would cover this? It’s hard to believe there wouldn’t be. Businesses need licenses and must conform to the regulations and noise control is usually one of them.</p>

<p>Where I live that would be called a mixed use neighborhood, which has different zoning laws. Get some earplugs!</p>

<p>wow. I live in CA. Our laws are so strict that when we go to an outdoor concert venue near any residential area there is a ten pm curfew. Perfect for us old timers and in the old days we always knew to tell our sitter we would be home by five after ten! I would not let it go.</p>

<p>The business should have a use permit which spells out (in greater or lesser detail) the operating authority they have. Even so, it’s likely a judgment call. If there’s a legitimate safety issue, I’d address it that way - you’re more likely to get some traction with “drunken behavior, fights, litter, and driving under the influence” than with noise. It’s not a new business; so a certain amount of noise comes with the territory. Incremental changes are hard to quantify.</p>

<p>Has there been a change of ownership? Are they renting out the facility to promoters for the events? If not, you’re going to have a harder argument.</p>

<p>Is there a nice little hotel/motel you’ve been dying to try…?</p>

<p>Call 311! (At least according to: <a href=“http://www.nyc.gov/html/dep/pdf/noise_code_guide.pdf[/url]”>http://www.nyc.gov/html/dep/pdf/noise_code_guide.pdf&lt;/a&gt; )</p>

<p>I think your best bet would be to have a neighborhood association go to them, if you have one.</p>

<p>If they are operating within the rules, there is nothing you can do but try to change those rules. That will take time.</p>

<p>Or, you could take a different approach. Develop a taste for good German beer. Make new friends. If you can’t beat them, join them.</p>

<p>We’ve all called 311 in the past, but, unfortunately, under Monstrous Mike noise data is collected but not acted upon. We actually love German food and this stuff is particularly good, but the problem is that the neighborhood is so open that muic in their backyard literally rattles windows several blocks away, so there’s no avoiding it – even in the shower. We live in a neighborhood with a lot of cops, firemen, sanitation workers and nurses, so those people go to work on weekends. Which I think should matter. I’m toying with the idea of including a few neighbors and sending a certified letter asking what the owner’s plans are to protect the neighborhood. My feeling is that moving all revelry indoors at 1 am and then maybe having a bouncer walking around to break up fights and prevent vandalism would be a fair compromise.</p>

<p>I too an surprised that they can have noisey events until 4 am. I would think that the noise laws would prevent it. Has anyone made an appointment to speak with the owner one on one? Let him know how it is affecting the neighbors? Good luck! Sorry you are going through this.</p>

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It’s not new owners, but developing the backyard is new and having music out there is new, as well. They have been asked by our council woman to rein in the outdoor noise and had done so for a while but have now been doing it again. Mostly it’s fine, but having this amount of noise outdoors until 4 am is ridiculous. I know they can serve alcohol until 4 am, but the question is whether they can have bands outdoors until that hour.</p>

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He doesn’t speak to the neighbors. The funny thing is that the restaurant has no parking, so he parks in front of my house every day and has a distinctive vanity plate, so it’s ludicrous when the employees then tell me he’s not there.</p>

<p>^^ Leave a note on his windshield, and ask for a meeting. Or camp out by his car and wait for him. Invite him for coffee and see if you can have a discussion with him.</p>

<p>Put nails in the street in front of your house. :D</p>

<p>If the noise violation data has been collected, why can’t you use it to illustrate the problems and get him to comply (if, in fact, he’s in violation)? Who are the district officials whose job it is to take care of these things?</p>

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Theoretically you could, but Bloomberg doesn’t allow the administration to act on noise complaints. Only transfat and salt complaints! Someone just suggested that we speak to the community liaison at our police precinct. I think I’m going to give that a shot.</p>

<p>You also need to talk to the town elected officials, like Mayor. It will help. They are the ones approving the use permits.</p>

<p>Zmom, if all else fails, at least plan to tape the noise the night of the event. I think playing it under Bloomberg’s window a few days later would get a reaction!!</p>

<p>Maybe go to the party and try to enjoy it?</p>

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This is NYC. Only lunatics get to speak to the mayor.</p>

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My husband has to be at work at 6 am the next day, and we have a minor child. I’m not opposed to the party, I just would like some consideration for the fact that the restaurant is located in a residential neighborhood.</p>

<p>*On that main street is a German restaurant in a two-story building which backs up to the residential streets. It has a “beer garden” which is really a small backyard right in the middle of the neighborhood. They had been holding parties and events that were very noisy, involving things like microphones, electric guitars, and amplifiers, *</p>

<p>Maybe a few who live very close to this venue, should set up some loud speakers, etc, and give them a piece of their own med on a few occasions.(with really annoying songs on a loop…Who let the dogs out…and a few others…) </p>

<p>Maybe adding a megaphone or two yelling negative stuff about the health standards of the restaurant…I saw a rat run across the floor at X restaurant when I was there last. Found a cockroach in my soup last month…etc…</p>