Noise law still sound For now, old ordinance to remain By Keona Gardner keona.gardner@scripps 772-221-4206 STUART — Now that the Stuart City Commission has rejected a 24-hour citywide ban on noise above 65 decibels, what’s next? Stuart Mayor Troy McDonald said the city will enforce the current ordinance that prohibits noise of 65 decibels or more between 9 p.m. and 7 a.m. Sunday through Thursday, and 10 p.m. to 7 a.m. Friday, Saturday and holidays. But the portion of the ordinance that allows Stuart Police to enforce the law using “plainly audible” standards no longer will be used. That’s because the state courts, in an unrelated case, said “plainly audible” was too subjective and governments need a more definitive tool to measure sound. Stuart Police now will use a decibel meter. “Nobody on the City Commission or on the city staff has the desire of killing music,” Mc-Donald said. “But what we’re trying to do is reach a balance of what is the appropriate time for when noise or music can be made.” Last Monday, the City Commission unanimously voted to strike down the proposed ordinance that would make it illegal citywide to have noise exceed 65 decibels all day. Noise is defined as sound more than 65 decibels — a level equated to conversation in a busy restaurant — that can be heard 25 feet from the property line. The proposed ordinance was See NOISE, 8A Reggae band The Ellameno Beat was one of the bands performing recently at Terra Fermata Tiki Bar in Stuart. Jade Pratt (center), 21, of Jensen Beach, plays his saxophone with other musicians before the beginning of Monday’s city of Stuart Commission meeting on the controversial proposed noise ordinance change at Stuart City Hall. “I think that if this new ordinance is passed, it would be an abomination to the culture and inspiration that is Stuart,” Pratt said. The noise ordinance was denied that evening. FILE PHOTOS Article Continued Below See NOISE on Page A08 NOISE from 1A problematic to downtown restaurants because many offer outdoor seating and live music, and the music would exceed that limit. Before the controversy, Stuart Police heavily relied on plainly audible to enforce the law, with few officers using a scientific decibel meter to measure the offending sound, said Stuart Police spokesman Brian Bossio. The Police Department has one decibel meter that is shared among its officers. When the department receives a noise complaint, the responding officer will go to the department to get the meter before responding to the call, Bossio said. Just because a business or resident violates the ordinance doesnt mean they will automatically receive a citation. Bossio said offenders will receive a warning and officers will consider whether the property is a repeat violator. We do check to see how many times we have been out to a particular location, how many warnings have been given and the history of property to see if it is a repeat offender, he said. The only difference with enforcement is we wont be using the plainly audible standard and a meter will be used. Another enforcement option the city could consider is creating stiffer fines for repeat violators similar to what was done with the false alarm ordinance, Stuart Commissioner Jeff Krauskopf said. He said the city has seen noticeable decrease in false alarms after increasing fines. City Manager Paul Nicoletti said forming an advisory group to look into the matter is possible, but that will have to be decided by the commission. If one is formed, it would work like the citys other advisory groups and hold public meetings - in accordance to the states open meeting laws - and make suggestions to the City Commission on how to change the current ordinance. But one thing the city wont reconsider is its commitment to making downtown into an entertainment district, Nicoletti said . Its in our strategic plan to encourage outside entertainment, so its not like were going to do anything thats not workable, Nicoletti said.
Posted on: Sun, 02 Feb 2014 11:35:57 +0000
Trending Topics
Recently Viewed Topics
© 2015