Why is nobody contesting the Mojacar music ban? You still have time!

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.

Amen, brother

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!

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19 Replies to “Why is nobody contesting the Mojacar music ban? You still have time!”

  1. is it not a law that exists throughout andalucia and which previously hasnt been enforced locally?
    if not ,your idea is great .

  2. hi again , i just spoke with someone who said they think ordinance you mention is in regard to the botellon celebrations and not the music laws
    mt spanish isnt very good so could you please let us know . if the rule youcite does apply to the music , youll probably never have to pay for another drink in the playa . thanks for your efforts

  3. Since I don’t have the text of the ordenance I don’t know, but it´s the same one quoted on mojacar.es.
    It´s the local implementation of a regional law – the government allows the townhall to take decisions of this nature, and then the townhall has to pass its own ordenanzas (bylaws) stating how these matters should be governed in the town.

  4. I would say those in Mojacar who want to save the music to get an objection to the new local law, into the town hall quick it no good crying when you can do something about it, if everyone objects they have to deal with them all, don’t lay down with doing something.

  5. probably because nobody would listen !!!!!,…..get the Spanish bars (that have live music), to go up there and shout!!!!,….”then maybe things would change!!!!”

  6. Well done David ! I hope everyone reads and shares this .Pass this on to all your friends with businesses in Mojacar , it could make a massive difference to them and the future of Mojacar ! Let me know if there is to be a meeting .

  7. We own a villa in one of the roads nearly opposite the Irish Rover, our evenings are spoilt by Karoke until 12 or 1am and then we have the pounding music coming from Lua Bar going until 5am. That and the slamming of car doors and tooting….summer in particular is a nightmare, the other seasons are almost as bad. My neighbours are elderly and complain on how awful this noise is now to how quiet Mojacar used to be years ago when we first bought our properties

  8. Greetings to all, the new recently approved ordinance is only to regulate and control the “Botellón” not anything to do with music.
    If anyone would like to see this ordinance I can email it, just drop me an email to mojacarpositivasemueve@gmail.com stating that you would like to receive this information, then I can also, if you so wish, add you to our mailing list so I can directly keep you informed of all the ins and outs of the local Town Hall.
    There is not yet a local law the regulates the sound contamination. This is still to be done, there is only a (very restrictive) law from the Junta de Andalucia.
    It is a very complicated and delicate subject and needs to be solved with collaboration and communication between all parties, neighbours, business owners and Town Hall.
    Lets hope that this issue is soon solved for everyone’s benefit.
    Best wishes, Jessica Simpson MPSM ( Councilor of Mojacar Positiva se Mueve, on the opposition.)

  9. Hi Jessica,
    Are you talking about the Decreto 6/2012, de 17 de enero, por el que se aprueba el Reglamento de Protección contra la Contaminación Acústica en Andalucía, y se modifica el Decreto 357/2010, de 3 de agosto, por el que se aprueba el Reglamento para la Protección de la Calidad del Cielo Nocturno frente a la contaminación lumínica y el establecimiento de medidas de ahorro y eficiencia energética.?
    In which case, has the townhall properly surveyed and published the acoustic maps, and if they are applying the emergency reduction levels as outlined in Article 20 (Saturated acoustic zones), have they made the proper financial assessment and provide adequate compensation, as outlined in in part 3)? (Asimismo, deberán indicar los responsables de la adopción de las medidas la cuantificación económica de las mismas y, cuando sea posible, un proyecto de financiación.)

  10. It’s not the loudness of the music that is the problem, but the hours. Keep it quiet late at night. This is a residential town, not Butlins.

  11. Hi there, yes the first thing the Town Hall needs to do is create the acoustic map and then they can start to regulate the situation correctly. This is not yet been done and it is, according to the local government, very complicated 😯 . I highly doubt they will even have it for the summer.
    They seem to have once more not got their priorities right by facing the real concerns and problems by creating constructive and not destructive solutions for the future of the town. Instead they are in a rush (before next elections) to spend all the money, that was obtained from the sale of land at Macenas and can only be spent on “degraded” areas, on construction and rehabilitation projects for the Village, like the private underground car park financed 100% by the Town Hall along with a lift that will, probably, be obsolete and left un-used when they complete the HUGE project of La Plaza Nueva (starting winter 2013/2014), with a new Town Hall and more parking spaces.
    Regards, Jessica Simpson.

  12. Dear Mr Jackson, first of all if you were going to talk badly about ACEM why didn’t you get the right information by talking to them and clarifying this before you say things that you don’t know about at all. What you get by doing this is just confusing everybody and not passing the right information.
    Of course, you won’t find anything at all at the town hall, the norm or the law, because it just don’t exist, so don’t tell everybody that it exist. The 8th of March an ordenanza (norm…) was created JUST AGAINST THE BOTELLON (mass of people drinking on the street or beaches), NOTHING ELSE. Nothing against the noise, the music, the opening times, NOTHING ELSE. The Mayoress won’t put anything in writing about this matters as it is the Andalucian Law already, so she is applying to that. She hasn’t made a new regulation at all. The problem is that she is enforcing to do a stupid thing as stopping the music and cutting out the hours at bars forgetting what the music and fiesta means for Mojácar.
    ACEM is working on this problem DAYLY. Going to the town hall all the time, dealing with the mayoress and the businesses, politicians, suppliers, DJ’s, musicians, trying to short out this huge problem.
    So, next time you talk about something to the rest of the English speaking people, treat them with more respect and don’t let them think that you know what you are saying when is not.
    Why don’t you fight against this no sense together with ACEM or whoever you want, instead sitting there and writing false news…
    Good luck!

  13. Darling, I wasn’t rude about the ACEM. Quite the opposite. Please show me where I was! The trouble with mentioning it is that people come along and leave unpleasent comments about you, because you have a terrible reputation.
    Here’s an idea: read the law yourself, break it down into bullet points, see where the townhall is overstepping the mark to let bar owners know, and force them to stop sending round the patrol cars until the audible map of the town is complete. Simples!

  14. spoke with a bar owner on the beach who presented a couple of live shows over the holiday . kept the volume moderate and didn’t have any problem .
    apparently if no neighbors complain about the noise levels the police wont be bothering the businesses .
    spot checks will be conducted on those businesses with the sound level monitoring devices to check they haven’t been fiddled

  15. There is an ordinance on the table to regulate noise on the street, private and public terraces (including bars-beach bars), this was going to be voted today (and obviously approved by the government), it was removed from the agenda of today’s meeting, thanks to the opposition parties claiming it to be abusive and possibly even illegal.
    This will be debated and studied next Thursday by all of the political parties, although the only solution would be to rip it up and start from scratch (which will not happen) as this ordinance plans to prohibit one to even play dominoes on a terrace or have a bbq, play the guitar or even move furniture in your own home, with the sole criteria of the police, not even having to measure noise levels to be able to fine those who generate the noise.
    These are just a few of the ridiculous points in this ordinance.
    I will keep all posted on our FB page Mojácar Positiva Se Mueve about the modifications and details.
    This ordinance will suffer modifications but it will still be VERY restrictive for EVERYONE not just bar owners.
    Once approved there will be 30 day time period for allegations, and for those that wish to, express their concerns and contribute to a reasonable law for all to abide.
    Best wishes Jessica Simpson.

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