Noise ordinance changes finalized

BY PRU SOWERS

NEWS WRITER

As the dust settled after a complicated, four-hour Key West City Commission meeting Tuesday, commissioners had made several changes to the city noise ordinance that both pleased and angered many of the 80 people who attended the special meeting.

The most important changes to noise ordinances created three categories of zoning districts, each with its own set of maximum noise levels as measured by decibels. The core commercial category encompasses the lower end of Duval Street from the old Bight stretching up to Petronia Street, the most concentrated area of bars, restaurants and other noise-generating businesses. A second category was labeled commercial, and includes the middle and upper end of Duval Street where there is still a heavy concentration of commercial establishments but many are hotels and guest houses that want a quieter atmosphere at night. The third category is residential, which includes all the remaining streets and neighborhoods in Key West.

The noise levels in the core commercial area were increased from 75 to 85 decibels from 11 a.m. to 2:59 a.m. Decibel levels in the early morning from 3 a.m. to 11 a.m. were increased from 65 to 75 dbA. DbC, a second decibel measurement that focuses on the bass levels in live and recorded music, was increased from 77 to 94 from 11 a.m. to 2:59 a.m. and from 75 to 84 from 3 a.m. to 11 a.m.

Commissioners had originally proposed that the higher decibel levels begin at 4 p.m. They changed that to 10 a.m. after hearing an outcry from businesses that provide music during lunch time and early afternoon. But after a long debate and several failed motions, commissioners finally unanimously agreed to the 11 a.m. start time.

“I think we owe this (the 11 a.m. start) to the musicians there to support their business. And it’s fair,” Mayor Craig Cates said.

In the commercial district of middle and upper Duval, the decibel levels were also increased, from 75 to 85 dbA from 11 a.m. to 2:59 a.m. But code enforcement agents are also now allowed to measure decibel levels from the property line. Previously, they had to stand at least 50 feet away. Still, allowing the higher decibel level in the hotel/guesthouse area was not popular with many business owners. Rick Haskins, owner of Key West Vacation Rentals, said his clients often complain about noise levels now. Increasing the maximum decibel level will hurt his business, he said.

“I have bookings out two or three years that I have promised guests that the upper end and the middle end of Duval is quieter and further away from the bars. There are hundreds of thousands of dollars that are going to be refunded to people who were promised a quiet upper and middle Duval,” he told commissioners.

Decibel levels in the residential category were set at 65 dbA and 70 dbC from 8 a.m. to 7:59 p.m. Those levels drop to 55 dbA and 65 dbC from 8 p.m. to 7:59 a.m.

Commissioners also debated extensively over who should receive a noise violation citation. The new ordinance they approved allows code compliance officers to issue citations to the musician, the manager on duty, the sound control person and the owner of the establishment. That drew a protest from Commissioner Mark Rossi, who owns several bar and entertainment establishments in the core commercial district.

“An owner is not always going to be there. And what if the property owner leases the property out?” he asked. “You have a lot of absentee owners on Duval Street.”

Rossi ended up voting for the measure. Commissioner Tony Yanitz was the only nay vote, saying a musician should not receive the citation.

“It is the responsibility of the person who is running the business establishment to make sure that musician maintains the level,” he said.

Commissioners also approved a three strike rule, meaning the city manager can suspend or revoke an establishment’s entertainment license if they receive three noise violations in a 12-month period. Previously, two violations were required before the license could be suspended or revoked.

 

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