Item 8CAGENDA ITEM # 8C
FEBRUARY 26, 2007
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STAFF REPORT
City of Atlantic Beach
Commission Meeting
AGENDA ITEM: Noise Ordinance Report
DATE: February 19, 2007
SUBMITTED BY: David E. Thompson, Chief of Police/DPS
BACKGROUND:
Over the past two (2) years, there have been an excessive number of noise complaints
from residents living near the Fly's Tie Irish Pub. Over that time period, the Police
Department has repeatedly responded to this business and either handled the matter with
warnings, or by issuing Notice to Appears to the supervisors. Most complaints are about
the music, and specifically the loud bass from bands playing at the business.
I met with the owner, Ralph Tiernan, in the early months of 2006, and he told me that he
was having a sound technician make some modifications to the building that would
reduce the ambient noise emanating from the business. However, complaints from
residents have continued. Fly's Tie staff members have been charged on three (3)
occasions over the past months.
On February 14, 2007, there was a meeting with:
Mr. Tiernan and two family members with an interest in the business,
Mr. Rich. Sichta (Tiernan's attorney),
City Attorney Alan Jensen, and
Police Chief David E. Thompson.
~. Mr. Tiernan stated that he was trying to comply with the law, and he had purchased a
decibel meter to help him judge the volume of the music. However, the Atlantic Beach
Noise Ordinance does not specify a specific decibel level, and he and his staff are
required to use their judgment instead of a decibel meter. This makes it difficult for them
to know if and when they are violating the ordinance.
+~ Please see the attached message from an email received on February 15, 2007 from Mr.
Sichta, the attorney representing the Fly's Tie. The email suggests that the City
Commission modify the City Code to adopt a specific decibel level to address noise
complaints, and Mr. Sichta explains the rationale for doing so.
The Police Department has explored this option in the past, largely due to the reasons that
Mr. Sichta states in his email. It would be easier for the police, the prosecutors, and the
judges to have an objective standard by which a noise complaint could be evaluated. It
would eliminate a certain amount of judgment and discretion on the part of the police
AGENDA ITEM # 8C
FEBRUARY 26, 2007
officers if a measurable standard existed for enforcement. In the absence of such
language, judges sometimes dismiss the cases without even communicating with the
police officers who charged the defendant.
However, after discussing this with police departments that have a definitive decibel level
articulated in their codes, there are sometimes unintended consequences that result from
this language.
The establishment of a decibel level for enforcement assumes that everyone will agree on
a consistent standard. Sound is often inconsistent relative to its impact on the people
nearby.
The pitch of the sound makes a difference in how the sound travels and its impact. A
loud bass sound may not register high on a decibel meter, but it may still be very
disturbing to people who can hear it.
The humidity in the air and the direction of the wind also make a difference in how sound
travels from day to day. One day, music from the business may not disturb anyone
nearby. On another day, the same music played at the same volume may be disturbing to
nearby residents.
Once a decibel level is established, all judgment and common sense are negated by the
code. The sound either meets the threshold of the code, or it does not meet the threshold.
The fact that it continues to disturb nearby residents is not relevant to the enforcement of
the code at that point.
BUDGET: If the City Commission adopts a code with specific decibel levels, then the
police department will be required to purchase measuring devices and certify the officers
in the proper operation of the: devices. This could probably be accomplished for less than
$2,000.
RECOMMENDATIONS: To review the staff report and the attached email, and to
provide direction.
ATTACHMENTS: Email from Attorney Rick Sichta on behalf of the Fly's Tie Irish
Pub.
REVIEWED BY CITY MANAGER:
AG DA ITEM NUMBER:
AGENDA ITEM # 8C
FEBRUARY 26, 2007
07-02-19 Email Attachment for Noise Ord.txt
From: Rick Sichta [rick@tassonelaw.com]
Sent: Thursday, February 15, 2007 10:37 AM
°"' To: Thompson, David
Subject: RE: Fly's Tie Pub
Good morning. Thanks for meeting with me and my client(s) yesterday in regards to
~" the Fly's Tie Pub. Based on our conversations, it seems the most sensible solution
to our problem is to implement a decibel clause into the Atlantic Beach City
ordinance. As it stands now, some nearby residents are having issues with the sound
level illuminating from the Fly's Tie, and have called the police for assistance.
'~ However, sometimes citations are issued to the Fly's Tie, and sometimes they are
not, based on officer discretion. Moreover, not all citations are held up in court,
for various reasons. In order to make the city residents more comfortable, as well
as the officers and the pub, we believe that a specific decibel reading should be
implemented into the ordinance. This serves several important goals (1) it will give
residents the relief that if indeed the music/sound is too loud (according to the
decibel reader), that citations will be issued (2) It gives the officers issuing the
citations a definite, concrete guideline to cite, without having to use their
discretion. (3) It gives the Fly's Tie (as well as other current and future business
owners) a concrete tool to measure their sound and know when they are violating the
law (4) It would significantly decrease the number of times the parties
(owners,officers, and state attorneys) will have to meet about citations, go to
+• court and argue whether a law was violated, and investigate as to whether a
violation has occurred, etc.... which saves taxpayers money. (5) The judicial system
and the state attorneys office would merely have to look at the decibel reading to
see whether the ordinance was violated, rather than calling residents, police, the
defendant, etc., in an attempt to see whether the person calling on the alleged
noise violation was an "objectively reasonable person."
Therefore chief Thompson, I respectfully request that this letter be
.. forwarded to your city counsel as a proposed amendment to the current noise
ordinance, and pray the these fine individuals examine this issue carefully and see
that this solution would create a objective means to deal with noise in Atlantic
Beach, serving the needs of both the residents and the business owners.
,~ Thank you for your time,
Sincerely,
Rick Adam sichta
RICK A. SICHTA, ESQUIRE
LAW FIRM OF FRANK J. TASSONE, P.A.
1833 ATLANTIC BOULEVARD
JACKSONVILLE, F!_ORIDA 32207
_ rick@tassonelaw.com
---Original Message-----
From: Thompson, David [mailto:dthompson@coab.us]
sent: Friday, February 09, 2007 3:27 PM
To: Rick sichta
Subject: RE: Fly's Tie Pub
Rick,
a
That is valentine's Day... But I am available if everyone else is on board.
David
David E. Thompson, Chief
Atlantic Beach Police Department
850 Seminole Road
Atlantic Beach, F1 32233
(904) 247-5864 Office
(904) 403-4318 Cell
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