The Capital Hotel, currently charged with a noise violation, says the city's bylaw is too vague.

Last week, Peter Morawsky, a lawyer for the Capital, tried to argue the vagueness of the bylaw makes the charge invalid.

'It is difficult to determine if you're breaking the law or not,' Jonas Smith, the manager of the Capital, said in an interview Wednesday.

He said the bylaw isn't clear on how many decibels are permitted to be heard at the certain times of night.

Recently, territorial court judge Karen Ruddy ruled that bylaw officers are permitted to use discretion when enforcing the noise bylaw, as any reasonable person would be able to determine the meaning of the bylaw, although vague, and enforce it accordingly.

Smith said this is like the police being permitted to give discretionary and arbitrary speeding tickets if there were no posted speed limits.

John Taylor, the city's manager of Bylaw Services, agrees the law is vague.

The bylaw reads that anyone who makes noise in the city that disturbs the quiet and peace of the neighbourhood shall be deemed to have contravened the bylaw.

'It's a pretty general thing,' Taylor said in an interview this morning. 'Every case is different.'

He said Bylaw looks at what time the noise is being made. Someone making noise by mowing his or her lawn in the afternoon would be pretty normal, said Taylor.

If a neighbour, who works the midnight shift and sleeps during the afternoons, is disturbed by the noise, Taylor said, Bylaw would try to resolve the matter informally by informing the person who was cutting the lawn of the situation.

'A lot of times, people don't realize they're disturbing others,' said Taylor, adding that most people expect quiet after 11 p.m.

Taylor said Bylaw will try to resolve noise matters with warnings before laying a charge.

The Capital had been issued warnings before being charged for 'making too much noise. But what's too much noise?' asked Smith.

The bar manager added that no bylaw officer has ever turned up on the bar's property to investigate the noise complaints.

Smith said the charge laid against the bar was filed solely based on information given to bylaw officers from complainants.

The Capital was charged with the noise violation last August because a live band could be heard from outside the building.

Sound readings outside the bar have been taken while bands are playing. The measurements have come in at 60 decibels. That is softer then someone speaking on the phone, said Smith.

He has invited members of Bylaw Services to come see that the bar really isn't as noisy as alleged.

Smith believes no bylaw officers have ever turned up because they get off work at 11 p.m. However, the bands usually take the stage at 9:30 p.m., so that would give bylaw officers plenty of time to check things out, said Smith.

Bylaw doesn't typically show up to investigate. They just take statements from complainants, 'as they're the ones that are going to be testifying in court,' said Taylor. 'We don't show up at noisy parties.'

Taylor said people are entitled to call the RCMP to address such situations, but Bylaw normally learns of noise violations after the fact.

Smith is sympathetic to the bar's neighbours who might be trying to sleep, but said it's unrealistic for people living on Main Street to expect peace and quiet.

Although the Capital's lawyer tried to quash the charge by saying it was invalid, Ruddy ruled the charge will go forward.

The Capital has pleaded not guilty and the matter will go to trial. Smith said he is confident the Capital will win the case.

No trial date has been set as of yet.