Here’s The Scoop…..FOLLOWING IN FORT LAUDERDALE’S FOOTSTEPS?…
May 20, 2009 by Barbara
KEEP IT DOWN….BOYS…..”LEGITIMATELY!”…
Dear Readers…some months a go Commissioner Dodd proposed an entertainment overlay district for downtown LBTS……It was shot down by the “Gang of 3″…but it looks like we may end up with the noise control used in the Fort Lauderdale Special entertainment overlay district…HMMM. Maybe the open container law will quickly follow?…
An overview of the May 15,2009 Friday night “Field Trip”…shows some amusing sights and exchanges……It’s like watching a bad home movie or a second rate reality TV show…but starring your LBTS Commission and their “entourage” of members of the Town staff with a few tag- alongs…including BFF McIntee personal photog Marc Furth…and Aruba Beach Cafe’ head honchos…Peggy Mohler and Guy Contrada (who came with his own decibel meter reader)…….here’s the highlights of those sights and exchanges…although few readings that could actually be heard ( how ironic!) and the agreed upon decision made by the Commission after a suggestion made by Comm. Silverstone at the end of the 45 minute … 360 degree tour that if it was initiated from the dais could have bypassed this whole “fishing” expedition…..
Congregating at the windy beach pavilion 3 out of 4 of the commissioners were on time…Comm. Clottey was late as usual…Comm Dodd and Vice Mayor McIntee worked out the 360 route…with McIntee saying he” wanted out by 9″….They chose different points with several distances…”right on top of the noise…100 ft. and 200 ft.” for the readings…As they walked up Commercial …Marc took pics…Peggy was on the phone…and as they passed Village Grille’s outdoor dining they were “booed”!…PIO Steve d’Oliveira wants to know who the guy is in the black shirt…and Comm. Dodd informs him that he was “Guy from Aruba”…As they headed toward Oriana …Comm. Dodd says” it’s exactly 200 feet” and McIntee says ” Let the record note it was walked of by Commissioner Dodd”….Complaints were ongoing with claims made by the Commission that the level of noise from the Friday night band was not “legitimate”…………”McIntee said “You gotta give it a fair shake, you gotta play the song”…There was laughing …teasing …suggestions jokingly made, such as Jimmy saying to “put on a Led Zepplin DVD”…Peggy made calls and is on camera saying “Stuart, Dave (Gadsby of Village Grille) says he’s at his normal Friday night level”….McIntee wasn’t buying it and was the most vocal in mocking Dave….Commissioner Clottey finally arrives…Comm. Dodd suggests they walk to High Noon…and VM McIntee says “Why don’t we get a legitimate reading here?”…Code Enforcement Officer Kim Wilson says “Yeah, I’d like to get a legitimate reading”…They began walking north stop at the SW corner of Commercial and El Mar Drive… and start across the street heading west on Commercial…McIntee “That’s not a song, They’re playing in slow motion”…Marc Furth chimes in ” Yeah, and they’re gonna play slower now”… As they pass Kilwins Comm. Silverstone jokingly says ” Hey, I, call for a break!”….By the Pier fishing sign McIntee says yet again ” They’re playing songs in slow motion, they should have played legitimately, this isn’t a fair shake”…and Peggy clearly frustrated saying ” Why don’t we just get a boom box and sit it somewhere and walk 200 feet from it?”…Not long after walking back east on Commercial there’s a shot of Comm. Silverstone giving his fiancee’ a pat on the butt…OOPS!…….Heading north on El Mar Drive to the High Noon…a shot shows the Vice Mayor/Dep. Chief illegally parked his SUV on the west side of El Mar Drive by Country Ham N Eggs…OOPS!…Comm. Silverstone says” it doesn’t seem to be an average Friday night”….Comm. Clottey said “it’s unfortunate (the music being less noisy) because we’ve now recorded it and if they go over it they’ve got a problem”…VM McIntee aske Code Officer Kim Williams about the reading she took the previous weekend, asking her to inform them unofficially for comparison… Kim replies “They weren’t far off from what they are now but the songs right now I agree are a little quieter than they were”…Comm. Clottey wants to know about the what time she was there previously…Kim says she was there about 9 or 120 that they have more people adding that right there in front of Counry Ham N Eggs she had a reading around “86ish”with not as much wind……tonight it was 83.2…VM McIntee finally does cut to the chase and asks Code Offcier Kim Williams what was the acceptable level at her former job in Fort Lauderdale…Kim responds “For here 95 to 96 decibel reading your safe, anything over that for the residents to avoid the town levels, the town the way they want it to be”…She went on to compare Las Olas being harder to figure out …twice as many people.. Comm. Clottey wanted to know about after 10 …Kim said she would have to look at Fort Lauderdale saying the following…
IMPORTANT….Code Enforcement Officer Kim Williams said ” They (Ft. Laud.) were redoing it (noise ord.) when I left. They revamped theirs and then they changed it because when I left in October they had just made one version of their noise ordinance, started training, then after they started playing with it and they heard that the restaurant owners came out and they all spoke on it they went back and they revised and I want to say they went through two revisions before they came up with their actual one and by the time they finalized it I already left.”…’Anybody can pull that up on Municodes or get a copy”…
Fort Lauderdale Municode..Excert/full text link below….
Chapter 17 NOISE CONTROL*
__________
*Editor’s note: Ord. No. C-08-37, § 1, adopted July 15, 2008, repealed Ch. 17, in its entirety, which pertained to noise control. Section 2 of said ordinance enacted provisions designated as a new Ch. 17 to read as herein set out. See also the Code Comparative Table.
Sec. 17-6. Maximum permissible dBA sound levels.
Notwithstanding any other provision in this chapter, it shall be unlawful, except as expressly permitted herein, to cause, allow, or permit the making of any sound which exceeds the limits set forth in this section.
TABLE I
MAXIMUM PERMISSIBLE SOUND LEVEL LIMITS dBA
TABLE INSET:
USE TIMES OUTDOOR INDOOR
Residential 7:00 a.m. to 10:00 p.m.
10:00 p.m. to 7:00 a.m. 60 dBA*
50 dBA 45 dBA
35 dBA
Commercial 24 hours 65 dBA 55 dBA
Industrial 24 hours 75 dBA 65 dBA
*If the residential use is within a commercial, industrial, or mixed use, or within two hundred (200) feet of such use, the outdoor sound level limit is sixty-five (65) dBA between 7:00 a.m. to 10:00 p.m.
(1) Sound level measurements shall be taken as follows:
a. The sound level limit for the complainant’s use shall apply.
b. Outdoor sound level measurements shall be taken on or within the real property line of the complainant.
c. Indoor sound level measurements shall apply when the sound source is on or within the same parcel of land as the complainant or when the real property line between the sound source and the complainant is a common wall, floor, or ceiling. Indoor sound level measurements shall be taken within the premises of the complainant.
d. Three (3) measurements of the normal, usual operation of the sound source under investigation shall be taken. The metric that shall be applied is LMAX. Each of the three (3) measurements shall be no less than thirty (30) seconds in duration, and all three (3) measurements shall be taken within any one-hour period. If the sound source under investigation is of a total duration of less than ninety (90) seconds, one thirty-second measurement shall be sufficient.
(2) Impulsive sound:
a. Between the hours of 7:00 a.m. and 10:00 p.m. daily, impulsive sounds which occur ten (10) or more times in any one (1) hour shall not exceed the permissible sound level limits as set forth in Table I, and impulsive sounds which occur less than four (4) times in any one-hour period shall not equal or exceed twenty (20) decibels above the permissible sound level limits as set forth in Table I.
b. Between the hours of 10:00 p.m. and 7:00 a.m. daily, impulsive sounds which occur four (4) or more times in any one (1) hour shall not exceed the permissible sound level limits as set forth in Table I, and impulsive sounds which occur less than four (4) times in any one-hour period shall not equal or exceed twenty (20) decibels above the permissible sound level limits as set forth in Table I.
(3) Steady pure tones: If the sound source under investigation is a mechanical device, excluding HVAC equipment on residential property, and is emitting a sound with a steady tonal quality which does not fluctuate more than plus or minus three (3) dBA, the permissible sound level limits in Table I shall be reduced by five (5) dBA.
(Ord. No. C-08-37, § 2, 7-15-08)
Sec. 17-7. Specific restrictions.
(a) Amplified sound. No person shall cause, allow, or permit the operation of any amplified sound device from the following use districts or locations in the following manner:
(1) Residential use:
a. Sound shall not be plainly audible for a period of one (1) minute or longer at a distance of twenty-five (25) feet or more when measured from the source property line between the hours of 10:00 p.m. and 7:00 a.m. daily.
b. Sound shall not be plainly audible for a period of one (1) minute or longer at a distance of fifty (50) feet or more when measured from the source property line between the hours of 7:00 a.m. and 10:00 p.m. daily.
(2) Rights-of-way. Sound shall not be plainly audible at a distance of twenty-five (25) feet or more from a motor vehicle or any other sound source.
ENTERTAINMENT OVERLAY DISTRICT….
(3) Special entertainment overlay district. When measured at a distance of five (5) feet from the building, structure or establishment from which the sound is emanating:
a. Sound shall not exceed:
1. Eighty-five (85) dBA or ninety-five (95) dBC Monday through Thursday from 12:00 p.m. to 12:00 a.m. the following day:
2. Seventy (70) dBA or eighty (80) dBC Monday through Thursday from 12:00 a.m. to 2:00 a.m.
3. Sixty-five (65) dBA or seventy-five (75) dBC Monday through Thursday from 2:00 a.m. to 12:00 p.m.
b. Sound shall not exceed:
1. Eighty-five (85) dBA or ninety-five (95) dBC Friday through Sunday and legal holidays (as provided by state law), from 12:00 p.m. to 1:00 a.m. the following day:
2. Seventy (70) dBA or eighty (80) dBC Friday through Sunday and legal holidays (as defined by state law), from 1:00 a.m. to 3:00 a.m.
3. Sixty-five (65) dBA or seventy-five (75) dBC Friday through Sunday and legal holidays (as defined by State law), from 3:00 a.m. to 12:00 p.m.’
http://www.municode.com/resources/gateway.asp?pid=10787&sid=9
BC- Once again Commissioner Dodd had it right …when he asked for a noise workshop with the restaurants and businesses…HMMM…2 revisions before Ft. Lauderdale’s noise ordinance was finalized….
VM McIntee wanted to know about the warnings and Comm. Clottey…both talking over each other was still “honed in” on after 10 pm…Kim Williams said in LBTS they always give at least one verbal warning “at least”…they try to “be easier on the residents”…and the report comes for “really offending someone”….Comm. Clottey hearing the music was louder asked for another reading…Kim tried as a plane was heard overhead and a lot of wind…Comm. Silverstone asked “which is louder the airplanes or the music?”…He went on to suggest Kim go out and get readings …then asked when this item was next on the agenda (June 9th)…and it was suggested that Kim do “spot checks” …This reading at this time was 66-67…Kim went on to say she did not mind coming out at different times…diffferent days to do more readings…and assured Comm. Clottey she understood about the after 10 music from 101, saying their inside music carries outside…but informed her that Village Grille and Aruba also have inside music and she (Kim) would be impartial and check them all….VM McIntee said they all agreed to direct her to do as she (Kim) suggested, with no instructions from the Commission, that she would be out at times nobody knows of and it will be “spontaneous”…Assist. Town Manager reminded the Commission of the May 18,2009 spec events renewing… and having to provide for code compliance (?)…McIntee asked about coming back the next night or letting Code Officer Williams do it….Comm. Dodd inquired about the lights (still daylight out at 7:40 pm)…McIntee said he had no problem with whatever lights were decided on…saying they all agree on canceling the next day…No motion could be made at a workshop……Reiterations were made of what Kim Williams would do until June 9th…..More discussion on the lights from the street and the beach…and for Nikki to contact the Mayor about Sat. night being canceled…They adjourned at 7:45 pm…
The reading were anywhere between 69.3…71.1-…83.2…84.6…Most could not be heard or seen…a look at the minutes being taken by Office Specialist Nikki will be needed for all the info collected from the decibel meter readings…
More to come…
