"Mrs. Mayor of HE. Ayuntamiento de Cáceres.
Manuel Curiel Guerrero, ID 6867126, president of the Citizens Neighborhood Association de la Peña del Cura, on behalf of the members of this organization and to comply with the agreement of the general assembly Regular April 16 this year, which expressed the unease and outrage of this group of La Peña del Cura Madril and as a result of noise pollution that we suffer every Friday, Saturday and Sunday all year, plus the days of the most important festivals such as Carnival, Easter and Christmas Fair, which prevent rest of the people who live here, qualified as a residential area and not fun and scandal, which violate the fundamental rights enshrined in our Constitution as the right to privacy of individuals and families, endangers health directly affects the right to physical and moral integrity, and homes are violated by noise, recognized in the Constitution and declared effective by the Constitutional Court, ie must be enforced if found to not comply, I present:
have we suffered a major disappointment with the new Municipal Environmental Protection in terms of noise and vibrations, because under the guise of protecting people from existing noise pollution in the Madril and Peña del Cura, as well as in other areas, while also contains rules to circumvent what at first appears willingness Municipal Corporation to tackle this serious problem. Thus, since 1996 recognized the existence of a noise excessive and to improve this situation, declares this environmentally protected area and is therefore determined in Article 20 shall not be granted new licenses of pollutants that are the bars in their ranks. Here and through a dark, forceful writing, says any bar to request new license for an activity more polluting than the current one, be granted and becomes what is a new license in an amendment to say: "The change in activity another that has more hours of operation is considered an alteration of the activity, proceed accordingly a new municipal license ...". As you can see, the wording you get is virtually useless content be the commencement of Article 20 and thus the benefits that would accrue to the designation of environmentally protected area. But the ordinance also violates the content of Article 36 of the Rules of noise and vibration approved by Decree 19/1997 of the Junta de Extremadura, which reads: "shall be suspended for the granting of new licenses of those types of activities (bars) that in the case have been considered as the source of congestion. "
In regard to changes in ownership, we again see how City Council does not consider the provisions of this article Regulation of noise in paragraph b), which requires providing technical certification attesting taken on site as required in paragraphs 23.5 and 23.6 of Article 23, as well those provided for in Article 26 as is present visa signed by a competent qualified engineer, which reveals the fulfillment of the project and convincingly sound insulation levels and levels of indoor and outdoor reception.
Turning to the facts, as examples of breaches of the Ordinance current and previous City Council, we have the licenses granted in 2003 to several establishments for the activity of special bar and now a few months ago has opened a new one called "Pasadena" in Calle Doctor Fleming, 6, when prohibited by discussed the ordinance under Article 20 and it is 50 feet not two bars next to it (Article 18 of the Ordinance) and are "Macao" and "Gaudi" and therefore does not meet the required prerequisites and general that have nothing to do with the environmentally protected area declaration under Articles 19 and 20. With all that sure that the declaration of environmentally protected area, has produced no positive effect, on the contrary, noise pollution continues and has even worsened.
Breach of the Order of the bars, there is a long time that some of them are engaged in the activity of special bars in Group F, while their license is a bar normal group C. These facts are known or should know that Authority. Evidence that the City is aware of these anomalies, confirms the second transitory provision of the aforementioned Ordinance. This provision reads:
“Los locales destinados al ejercicio de actividades recreativas y espectáculos públicos, con licencia de apertura ya concedida plenamente en vigor, deberán adaptarse en cuanto a su funcionamiento, horarios y características físicas a las condiciones y características de las actividades definidas en el Anexo I (a modo de ejemplo: si la licencia de que dispone el establecimiento es de bar o cafetería, deberá de disponer de cocina, no dispondrá de equipo de reproducción sonora, deberá servir comidas y bebidas, podrá disponer de televisión y no será preciso que el local disponga de comedor independiente).
and Likewise in the case of not being able to make the changes or modifications to suit the license you have granted , you have the same six months to apply for a license to open or of category change to fit the local characteristics and conditions of the activity in the same place.
In this process of adaptation of existing facilities granted license to open, will be required all the requirements and characteristics of the activities defined in Annex I, except on the local minimum area. "
This transitional provision will come to extremes of inconsistency of the contents of this Ordinance. First, recognizing the inactivity of the council, which can not speak for years, the exercise of activities for not authorized and that both cause damage to people who live in this area, which emit ambient music bars large volume, but as no sound insulation may be required at your site because the license is available does not need to produce contamination noise unbearable for many people in their homes. But also this uncontrolled pollution gets worse, as these establishments are open 6 hours and argue with boldness and without concealment that the license of type C bar authorizing them to open at that hour, all without the City for many years has taken no steps to prevent it.
These bars the new ordinance granted a period of six months to choose to belong to group C or F and are exempted from meeting the essential requirements for approval, as is the surface that should count. This provision invalidate the statement of environmentally protected area that the ordinance itself recognizes the Madril and Peña del Cura, whose effects are said not to grant new licenses in this area, which also has been failing since its declaration in 1996.
These are facts, not opinion or expression of feelings or desires, which we based our great concern along which the status of this battered city area, you see how Council's decision today is to encourage the proliferation of bars, café-concerts and other, without there being the slightest concern by noise pollution and the great abuse that people suffer, deprived of fundamental rights that our Constitution recognizes us as we have previously reported, non-residential and leisure and entertainment, home to elderly, infirm and children who are abused, facts also constitute a crime against the environment noise in accordance with Article 325 of the Penal Code. There may also be an environmental crime of trespass Article 329.1 of the same Act.
Faced with this grave situation, we urge you to cease inactivity City Council on this issue, apply the new ordinance and agreed to open disciplinary proceedings to all establishments engaged in an activity other than that authorized in their licenses, such as bars, "Rita", "Baroque," "Latino" and "Machiavelli", located in the Plaza of Albatrosses and "The Submarine" and "Gabbana" located at Santa Teresa de Jesus, all in the Madril, for committing the offense under Article 31 of that ordinance in its paragraph k) by inadequate performance of the activity as specified in the license, a very serious offense punishable by up to closure or revocation of license granted.
cited Ordinance also prohibits the noise exceeding permissible limits, which in this case are produced in virtually every bar in the Madril and in "Rope" and "Belle" Nice street la Peña del Cura, found in some cases already made measurements that confirm it, but who either has not begun disciplinary proceedings, or they have not been resolved as well be other establishments that were not even taken into account as noise polluters are. For these cases we ask you agreed resolution the disciplinary proceedings pending and all other establishments which have not made the necessary checks, orders are carried out noise measurements necessary, get up and start infringement proceedings and disciplinary proceedings resolved, run the sanctions ordered that the soundproofing of the premises immediately pollutants or declare it closed, as provided for in Articles 33 and 34 of the Municipal Ordinance on the protection of the environment in terms of noise and vibration.
In all proceedings instituted disciplinary proceedings, request appeared in the proceedings as stakeholders, and to represent people directly affected, since the support and noise pollution suffered by our partners.
Cáceres, April 28, 2010
THE PRESIDENT OF THE ASSOCIATION,
Signed .: Manuel Curiel Guerrero. "
