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Halloween display too loud, judge rules
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A Scottsdale man who creates elaborate holiday displays each year in his front yard was found guilty in Scottsdale Municipal Court on Monday of disturbing the peace and creating excessive noise.
Chris Birkett, who runs a wedding disc jockey service, faces six months in jail and $2,500 in fines when he is sentenced next month.
Judge Monte Morgan ruled the amplified music from Birkett’s Halloween exhibit last year was too loud.
"We will appeal on it. I can tell you that, guaranteed," Birkett said when reached at his home on Monday.
The case went before Judge Morgan on Wednesday. It focused on Birkett’s "Halloween Town" display, which ran for five nights in October from 6:30 to 10 p.m. in his front yard at 8208 E. Montebello Ave.
The display depicted a haunted graveyard scene with sound effects of ghostly moans and groans.
His next door neighbors, Barry and Alicia Majercin, testified in court that the repeating soundtrack could be heard in every room in their house. The moans and groans scared their three children and kept them from sleeping.
The Majercins said they asked Birkett to turn down the volume, but he refused to lower it much because he needed to create a certain mood for the display.
Birkett testified that he lowered the volume, muffled the sound and used just one speaker in deference to his neighbors. But the Majercins called police and filed a legal complaint.
Birkett also stages an even more elaborate "Winter Wonderland" display from Thanksgiving Day through New Year’s Day. It features 150,000 lights.
On Monday evening, Birkett’s Web site was counting down the days, hours, minutes and seconds until the start of the next "Halloween Town" display.
However, Birkett said he was unsure whether he would put up the display this year, adding he had to get his court appeal ready.
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