- May 6, 2024
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Flagler Beach is moving forward with plans to tighten its enforcement of noise pollution from businesses that provide outdoor entertainment.
The Flagler Beach City Commission on Thursday approved the first reading of an ordinance amending the noise pollution rules within the city.
If passed, the amendment would expand decibel readings to include readings on the C scale. Under the current ordinance, noises are only measured on the A scale, but certain noises will yield higher readings on the C scale, said Bruce Campbell, city manager of Flagler Beach. The change would allow officials to better measure sound that poses a potential nuisance to neighbors.
The ordinance also changes enforcement policies. Under the new ordinance, two noise violations within 180 days will result in a $250 fine. The third brings a $500 fee and a disciplinary hearing, which could result in a forfeiture of an outdoor entertainment permit.
At a previous workshop, commissioners said the current system is too lenient, because it allows for five strikes before noise permits are revoked.
“The way things are now, it’s five strikes and you’re out,” Flagler Beach Mayor Linda Provencher said at the time. “Obviously, if you get through five steps, you’re really not trying too terribly hard to change anything.”
During public comment, John Davis, who owns Johnny D’s Beach Bar & Grill, said he felt the changes were unreasonable.
His outdoor entertainment permit allows him to play sounds as loud as 70 decibels. But at the residentially zoned properties that back up to his property, noise must be at 60 decibels or below. The change in the scale readings will make it even harder for him to comply, he said.
“The point is, we have a permit that says we can do 70 (decibels), and we never exceed that,” Davis said, adding that he once got a ticket for a sound measurement of 61.8 decibels on his neighbor’s property at 3:30 p.m.
“It’s unreasonable to think that I can play 70 (decibels) on my deck, and at my property line right there … it has to drop to 60 (decibels),” he said. “It’s impossible to do that. All I’m doing is imploring you to use some common sense.”
However, citizen Andy Miklos said Davis’ logic was comparable to a driver approaching a reduction of the speed limit.
“You don’t keep driving 70 (mph) up to the sign and then slam on your brakes when the limit changes,” Miklos said. “The driver is responsible to slow down and meet the speed requirements at the point they change.”
The commission passed the first reading of the ordinance at its Thursday meeting. If it passes at a second reading at an upcoming meeting, the ordinance will take effect. The second reading is not yet listed on a commission agenda.
After voting, commission chair Jane Mealy told Davis the changes were not directed at him and his business specifically.
“Everyone has to live and work together,” she said. “If a man needs to go to bed at 8 (o’clock) at night, he should be able to do it in his own house.”
