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Here’s The Scoop…4/14/09 LBTS Agenda…Ordinance 1st Reading…”Noise”…NEW LBTS SLOGAN….”LIBRARY TOWN USA”…SHHHH…

ONE MAN’S “NOISE” IS ANOTHER MAN’S ENTERTAINMENT…

Agenda Item…10c…Ordinances 1st reading…

Ordinance 2009-14; An Ordinance of the Town of LBTS, Florida amending chapter 13 “noise” of the code of regulations; amending chapter 17 “streets, Sidewalks, And Other Public Places,” Article VIII “Special Events” to amend the regulations of special event permits to provide grounds for denial of a special event permit for violation of noise and other Town standards; providing for severability, codefication, and effective date.’

BC-This was supposed to be a few changes made to the existing ordinance bypassing a need to have a new ordinance…Basically a look at what has been removed…it is essentially a new ordinance…full of “whereas”…Whereas the Town Commission recognized that loud noises disturb the quiet enjoyment of property necessary to peaceful and productive living….and Whereas the Town Commission DESIRES to amend chapter 13 in order to STREAMLINE and UPDATE the existing standards,adopt an OBJECTIVE decibel noise standard and provide for effective and CONTENT NEUTRAL regulation of noise APPROPRIATE to commercial and residential areas within the town…Whereas the Town Commission further seeks to amend Chapter 17 streets,sidewalks and other public places Article VIII special events to provide for MORE EFFECTIVE regulation of  EXCESSIVE noise and OTHER ISSUES in connection with SPECIAL EVENTS PERMITS  issued by Town…..Whereas upon recommendation of the Town staff the Town Commission DEEMS it in the BEST INTEREST of citizens and residents of town to amend the code of ordinances to accomplish these objectives.

The stated purpose…Changing the text from from loud,unnecessary,  unnatural or unusual to PROHIBITED and EXCESSIVE noises affect and are a DETRIMENT to public health,comfort and convenience welfare and prosperity of the residents of town…..To preserve the peace and tranquility…with the noise regulation program being established by this chapter and to be administered by the Town Manager or DESIGNEE…

The sound levels are found in the American National Standards Institute (ANSI)….with sound disturbances and what would exceed the limitations set forth in sec.136 of the code of ordinances…

Inspections will be made UPON PRESENTATION  of proper credentials Town Manager or DESIGNEE may enter and/or inspect any private property place report or records WHEN GRANTED PERMISSION by the owner or some other person with apparent authority…

Violation fees…$50/within 12 months 2nd violation $100/ within 18 months 3rd violation $500…

Commercial decibels…7am-10pm…not to exceed 75 DBA or 80 DBC/10pm-7am not to exceed 75 DBA or 75 DBC

Residential decibels….7am-10pm…not to exceed 60 DBA or 65 DBC/ 10pm-7am not to exceed 55 DBA or 65 DBC

deciBels (dB) in sound:

Approximate descriptions of levels of sound
0 dB     Threshold of hearing
10 dB     Rustling of leaves
20 dB     Whisper
30 dB     Quiet conversation
40 dB     Average home
50 dB     Normal conversation
60 dB     Busy shop
70 dB     City street
80 dB     Busy workplace
90 dB     Underground railway
100 dB     Pneumatic drill 10ft away
110 dB     Propeller aircraft taking off
120 dB     Jet aircraft taking off

Everything you want to know about noise levels…http://www.sfu.ca/sonic-studio/handbook/Sound_Level_Meter.html

BC-What this really comes down to is giving a vigilante free reign to SELECTIVELY stop the music in the entertainment district of town…It will cause trouble for Aruba and 101 with inside music…that is if the calibrations on the meter are correct and the “meter reader” is playing fair……It may thwart the weekend street music for Village Grille on Fridays…along with Athena and 101 on Saturday nights…..which seems suspect after this writer was informed by Coastal Construction he heard the Town will be stopping all street closures in the near future…only allowing for use in the pavilion…Many including this writer and business owners still are asking the question …just who is it that have complained about the music and the events in town?…This writer has repeatedly been met with most people emphatically  stating that they enjoy that the downtown area is lively and within walking distance to partake in ongoing entertainment…It still smells rotten that those complaining the loudest live in the north end of town…far out of reach for the “repellent” sounds that this ordinance now says they need to protect us all from…”Big Brother” will be out with code “sweeps” as the Vice Mayor explained recently at a Commission meeting in declaring a violation complaint for one establishment will become a check into all the establishments in town stating this is how the Town Manager operates…(The TM sat mute…next to the VM so he must have had it right!)…LBTS will become even more of  a Mc-police state…with vendettas be carried out with  an assist from this ordinance!…

Look for this one to pass……sad to say…”The Sounds Of Silence”…

link to full text…online agenda item 10c. Ordinance 2009-12…below…

http://www.lauderdalebythesea-fl.gov/town/backup2009.htm

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