On one side, there's Alan Aerts and his holiday displays at his Danielle Place home. On the other side, there are some of his neighbors who say his displays are excessive. And then there's the city council that's drafting a special-events ordinance that the majority of the council says has nothing to do with either side.

At a Sept. 16 meeting, council members voted 3­2 to direct their staff to bring back an amended special-events regulation ordinance for a first reading at the next council meeting on Oct. 21. A proposed ordinance must go through two readings before it can be passed by the council.

Mayor David Baxter and Vice Mayor Erin Garner voted against the ordinance that would limit special events in Monte Sereno to 12 hours within a 72-hour time frame. Special-events permits would need to be filed and approved by City Manager Brian Loventhal at least 30 days in advance.

"It's not about Alan Aerts," said Councilman Curtis Wright. "Every other city has an ordinance like this. It covers things like the Great Race."

Wright said he is in favor of the ordinance because it is intended to regulate events such as parades, celebrations and bazaars. Wright said the ordinance has taken almost a year to finalize because it's not just about the Aerts' display.

The council directed city staff to research other cities such as South San Francisco, Palo Alto, Los Altos, Los Gatos and Campbell that have special-events ordinances. It has been argued that those other cities have business districts as well as festivals on a regular basis, as opposed to Monte Sereno, which is composed primarily of residences.

But Councilwoman Barbara Nesbet said this ordinance is even more needed in Monte Sereno than in those other larger cities and towns because Monte Sereno is residential, and residents shouldn't impose their activities on their neighbors. She said the ordinance is designed to protect neighbors from other neighbors.

"I'd like to see [the ordinance] implemented as soon as possible so it's on the books—for clarity," she said. "This is not to attack one particular incidence in the city."

Besides the Great Race, which passes down Highway 9 every year, Loventhal said another event that created traffic in Monte Sereno was during the 1994 World Cup tournament. That year, the Brazilian soccer team stayed in Los Gatos, for what was known as the "Brazilian Invasion."

"We're trying to look at mitigated impacts to public services—being roads," Loventhal said.

Loventhal added that it has taken Monte Sereno staff almost a year to reach a potential final draft of the ordinance because of differing council member opinions. He said there is no target date as to when the ordinance must be passed.

Garner opposed regulating special events in the proposed form of an ordinance. He said it's a private dispute that should be handled between the neighbors.

"I'm reluctant to draw up an ordinance that is this long and complicated," he said.

Garner said it will be quite some time, possibly as late as mid-December, before the ordinance could pass, since it will require two formal readings before it can become official.

"I'm against trying to regulate people's holiday displays," Garner said. "It becomes too subjective."

Last holiday season, Garner said one of Aerts' neighbors, Le and Susan Nguyen, who also live on Danielle Place, put together a petition of 49 signatures of nearby residents, including those in Los Gatos and Saratoga, who wanted the display taken down.

"The entire town of Monte Sereno comes to our cul-de-sac," said Le Nguyen on Sept. 16, complaining about the traffic the displays draw. He added that safety and traffic control is also a concern.

Elm Park resident Sylvia Moore also spoke to council members on Sept. 16, saying her street is affected by the extra traffic.

Although Aerts didn't organize a formal petition, a large group of children, parents and senior citizens who enjoy his display also gathered in his defense at a council meeting last year. Aerts said this year he won't be coming to any council meetings, but hoped the community support for his displays would speak for itself.

"It's a difficult situation for a council to be in because we've had so many neighbors complain and support the issue," Garner said.

As for safety, Garner said he wants to make sure that, with drunken drivers around the holiday season, children are safe in the Bicknell neighborhood. And even with traffic controls and extra security on the Aerts' street, he said there are no guarantees.

Because the ordinance won't pass before Halloween, Aerts is still planning to set up his annual display that includes everything from a graveyard scene, mummies and coffins to smoke, eerie sounds and animated pirates rowing a boat.

In the past, Aerts did not violate any city light or sound ordinances, and there were no complaints to the police about his displays. Aerts added that extra precautions will be taken at his expense to ensure that children are safe.

Aerts said there are cars that drive by his large, elaborate house regularly just to see it, regardless of the season. Aerts has lived in Monte Sereno for 13 years—five of which have been at his present house. Aerts said he puts on his displays for the good of the community, and is always pleased when neighbors and families get together and socialize.

"It's memories they will have for a lifetime," he said.