Laguna Council Puts Off Vote to Ban Late-Night Street Music

As an audience of sidewalk musicians and street people watched, the Laguna Beach City Council on Tuesday postponed a decision on a proposal to ban street music between the hours of 11 p.m. and 7 a.m.

While council members expressed support for the ban, they criticized the proposed ordinance as poorly written and vague. Asking city staff to rework the proposal’s language, the council unanimously agreed to revisit the issue at its April 2 meeting.

The city already has a law banning yelling, shouting, hooting, whistling or singing in public between those hours, or at any other time that it causes a disturbance. Police Chief Neil J. Purcell Jr., citing the complaints of merchants and others, had asked that the playing of musical instruments be added to that list.

If the law wins approval, violators could face a $1,000 fine, as much as six months in jail, or both.

For about 15 street musicians and supporters in the audience, the council’s action Tuesday night seemed to simply delay the inevitable. Still, many vowed to return for the next review of the proposal.

“It’s like being outnumbered and outgunned when you go against City Hall,” said Nick Dispenza, who plays his drums, guitar and harmonica on city curbsides. “It’s kind of ‘play at your own risk’ now.”

Purcell said some downtown hoteliers and business people are fed up with the strumming and drumming that sometimes continues until 3 a.m., particularly in the summer or on warm weekend nights.

The noise has at times even caused hotel guests to check out early, Purcell said. But many who wander the downtown streets and work in businesses along Forest Avenue and Coast Highway--a hub for the musicians--questioned the wisdom of the move.

“Seems sort of stupid,” said Kea Simon, a hostess at an eatery called 230 Forest. “I don’t know, the council has nothing to do but sit around and drive us crazy.”

Council members expressed concern Tuesday over Purcell’s proposal to allow police officers the discretion to enforce the law on a case by case basis. Some observers also have said the police will use the additional ban to rid the streets of certain street people, who are in some cases also outdoor musicians.

“A lot of times I have no place to go late at night, so I stay out late making music and maybe make a buck or two,” Dispenza said.

But Purcell said the issue at hand is late-night noise, not homeless people.

He also said he appreciates that jugglers, roaming preachers and mimes are a distinctive part of the seaside city’s fabric.

“We’re not trying to get rid of those people, not at all,” Purcell said. “That’s part of the character of Laguna Beach.”