TRAVERSE CITY — Among the many Traverse City residences decked out for Halloween, a popular display is drawing the attention of city officials and community supporters with an ordinance that could threaten to shut it down.
“The Dead Ends on Spruce,” at 315 S. Spruce Street in the Slabtown Neighborhood, has gathered a following across northern Michigan since property owner and organizer Nate Taylor began constructing the Halloween haunt in his yard and driveway nearly eight years ago.
The outdoor, walk-through display has been estimated to provide Halloween entertainment for more than 18,000 — and as many as 21,000 — visitors during the month of October.
That estimated number of visitors is what prompted Traverse City officials to respond to a neighbor’s complaint.
On Aug. 26, the city notified Taylor that he must adhere to several municipal codes and local ordinances by scaling down his display, or risk violation and be forced to shut it down.
“I have never had any ordinance violations,” Taylor told the Record-Eagle Friday.
Taylor said city officials were mistakenly told that “The Dead Ends on Spruce” display was an “underground business” being operated out of his private residence.
That’s not the case, he said. “We have never charged a single penny for anybody wanting to enjoy this display,” he said, adding that he has also never sold merchandise of any kind.
While Taylor has previously accepted donations — sometimes submitted by visitors through a donation box or community members sharing Halloween candy — they’re never asked for or expected.
“There was never any intention to make money out of this,” he added.
One ordinance included in the city’s notification letter stipulates the number of vehicles that may park near Taylor’s house for each night that the display is open to the public. The city’s “trip-end” rule states no more than eight vehicles can park, unload passengers and leave Taylor’s residence at one time.
The letter came three weeks after Taylor had already begun constructing this year’s design. He had also already been in contact with Brad Kirkpatrick, the city’s code enforcement officer, to ensure the public’s safety while they attend the display.
Kirkpatrick inspected his display mid-August, Taylor said, but that the officer also mentioned the city would be checking with its legal counsel to ensure all municipal ordinances were being followed.
Following his receipt of the city’s letter, Taylor arranged to meet with city officials in-person to better understand the eight-car trip-end ordinance. During the meeting, Taylor said the city will issue a violation if more than eight cars park near his residence to attend the display, which could lead city officials to shut it down.
“I have absolutely no control whatsoever with what the public does on public streets in their private cars,” Taylor said.
Now he is receiving representation from a local attorney who offered to help him navigate the situation.
“He commented on my (Facebook) page that he would gladly pay the fine,” Taylor said. “He doesn’t want to go that far so he wrote up a response, stating there is no evidence that this is a business. … This is a community gift, that’s all this is.”
On Friday, Traverse City officials released a statement regarding “The Dead Ends on Spruce” and their correspondence with Taylor.
The statement confirmed that a resident’s complaint alerted city staff to possible issues with the display’s size and estimated traffic, and that the city is obligated to respond to any matter brought to its attention to ensure public safety.
“The city fully supports the rights of residential property owners to decorate their properties in celebration of holidays and community traditions,” the release states. “Residents are encouraged to express their creativity and celebrate holidays in ways that comply with locally developed ordinances and municipal codes.”
According to Taylor, city officials explained that, regardless of the display not operating as a business, the ordinance pertains to the number of people who visit the Spruce Street’s display, as well as other regulations the city is obligated to monitor.
“These concerns include structural safety, public safety, traffic impacts, noise, lighting, odors and the potential operation of a widely advertised attraction,” the city’s statement reads, adding that Spruce Street is zoned as an R-2 “Mixed Residential” neighborhood. The city’s response also included that Taylor “indicated that he does not believe he can operate the display at the reduced scale necessary to comply with applicable regulations while maintaining the experience he intends to provide to the community.”
Taylor said Friday that “The Dead Ends on Spruce” still plans to open to the public — within code and city ordinances — on Oct. 1.