I was interested to note the fuss over the Mojacar noise ban this weekend on facebook (see Lenox Napier and others, mainly on Facebook). So I tried to find a copy of the new “law”, the Ordenanza Municipal Reguladora de Determinadas Actividades de Ocio en el Término Municipal de Mojácar.
And I couldn’t. Because, as I understand it, so far, it hasn’t passed into law.
Instead, on the 8th of March, the Mojacar townhall voted on the new bylaw. The notification was published in the Gazette of the Province on the 11th (advert number 2037/13), and a 30 day period of public information was opened. In other words, there are 30 natural days in which citizens can make official allegations against, and contributions to, the new proposed bylaw.
According to my understanding of the Ley 7/1985, de 2 de abril, Reguladora de las Bases del Régimen Local, (a useful law that everybody should have at their fingertips), after the 30 days elapse, if no allegations are received, the bylaw is considered to be passed and comes into effect automatically.
But, if allegations are received, a new townhall meeting must be called and the allegations / contributions voted on individually.
In either case, until the 30 days have passed, the by-law has not come into effect. Which is why, despite the fact that the locales have been pushing their weight around over the weekend, nobody has been fined – because they don’t have the power to enforce the law until the 30 day grace period expires.
So, why hasn’t the ACEM (and individual bar owners) swamped the townhall with a series of craftily hand crafted alegaciones, each one slightly different, meaning that the resulting paperwork will take the townhall until after August to sort out and reply to? And then take the townhall to court, forcing the suspension of the bylaw until the Courts resolve the matter, when it (as it will) forgets to reply properly to every one of these allegations? By which time it’s the next elections?
Just a thought!