Owner of Oxford guitar studio cleared on noise violations
OXFORD – The charges against the owner of a local guitar studio for violating the Village of Oxford’s noise ordinance have been dismissed by the village justice.
Nate Gross, who gives guitar lessons to 30 local kids out of his storefront on Canal Street in Oxford, appeared before the Hon. Charles K. Race in the Oxford Village Court Tuesday night.
Gross has received two appearance tickets for complaints filed by a resident of the village’s commercial district alleging he violated the village’s noise ordinance on two Thursday evenings when Gross’ band Panhandle practiced at the facility.
According to Gross, who is the group’s lead guitarist and vocalist, Panhandle practices just once a week, Thursdays from 5 to 8:30 p.m. He is adamant that practice ended before the village’s stated noise curfew of 9 p.m. on both of the dates the complaints were made.
But the resident’s complaint cites another section of the local law, 188-2 (3), which prohibits “noise from any sound reproduction system, operating system or any musical instrument ... in such a manner as to be heard 25 feet from its source or property line.”
The resident lives kitty corner to Gross’ business, across busy Route 12.
“I had to study up on this,” said Race. Based on his reading of the statute, he said that a violation of the ordinance required intent.
“I see no evidence of any intent, so I am going to dismiss both charges.”
The question remains, however, as to what will happen when the band gathers for practice this Thursday. Will there be yet another complaint from the same resident?
“This is getting out of hand,” said Gross.
The musician said he is seeking assistance from Oxford’s village trustees. The board has the authority to grant an exemption from the ordinance which would allow the band to continue its weekly practice unmolested.
Nate Gross, who gives guitar lessons to 30 local kids out of his storefront on Canal Street in Oxford, appeared before the Hon. Charles K. Race in the Oxford Village Court Tuesday night.
Gross has received two appearance tickets for complaints filed by a resident of the village’s commercial district alleging he violated the village’s noise ordinance on two Thursday evenings when Gross’ band Panhandle practiced at the facility.
According to Gross, who is the group’s lead guitarist and vocalist, Panhandle practices just once a week, Thursdays from 5 to 8:30 p.m. He is adamant that practice ended before the village’s stated noise curfew of 9 p.m. on both of the dates the complaints were made.
But the resident’s complaint cites another section of the local law, 188-2 (3), which prohibits “noise from any sound reproduction system, operating system or any musical instrument ... in such a manner as to be heard 25 feet from its source or property line.”
The resident lives kitty corner to Gross’ business, across busy Route 12.
“I had to study up on this,” said Race. Based on his reading of the statute, he said that a violation of the ordinance required intent.
“I see no evidence of any intent, so I am going to dismiss both charges.”
The question remains, however, as to what will happen when the band gathers for practice this Thursday. Will there be yet another complaint from the same resident?
“This is getting out of hand,” said Gross.
The musician said he is seeking assistance from Oxford’s village trustees. The board has the authority to grant an exemption from the ordinance which would allow the band to continue its weekly practice unmolested.
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