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Chamber 'noise group' recommendations

April 22, 2015
By Bud Nocera , Fort Myers Beach Bulletin, Fort Myers Beach Observer

The Fort Myers Beach Chamber of Commerce invited volunteers from the business who provide musical entertainment and from the residents to meet, discuss and propose agreements to recommend to the Town Council regarding the proposed noise ordinance. The business representatives were John Lallo, Tom Kollar and alternate Darlene Russell. The resident representatives were Doris Grant, Paul Rosen and alternate Lauren Dillard. Rexann Hosafros acted as mediator (not a voting member). The group met three times and had lively, intelligent and civil discussions.

The following items were agreed upon by the group:

1. Although the first recommendation is not an item to be included in the noise ordinance, the group felt it would be so beneficial in preventing future issues that it was essential to bring to the Council. It is recommended that the LDC be amended to include a requirement that businesses undergoing renovations (and new buildings) must install an internal sound system with volume control by management. Musicians would not bring their own amplification equipment but use the in-house system.

2. The version of the ordinance discussed at the workshop included measurement using only the A-weighted network (see Sec.14-23 (4)c3). The group recommends that the ordinance allow discretion to the enforcement official to use the C-weighted measurement. Other communities provide for this use. The allowable decibel level for the C measurement are set at a different number than A. For example 75 dbA or 77 dbC in the commercial district. A-weight response is used for most applications. C-weighting is usually used for Peak measurements and also in some entertainment noise measurement, where the transmission of bass noise can be a problem.

3. The Council had previously discussed revocation of COP for multiple violations. The group agreed that the "punishment should fit the crime." Loss of COP should be related to alcohol violations. The group proposes that businesses offering entertainment should have to obtain an entertainment license. Revocation of said entertainment license could be included in the noise ordinance as a enforcement method for multiple violations.

4. The group also agrees with a recommendation already made to the council by more than one citizen. That recommendation is to put back in Sec.14-21(c)(3) - Radios, television sets, exterior loudspeakers and similar devices. This was included in our "old" statute but was not included in the new version discussed at the workshop. (Note: the recommendation is to include all of (3) including its subsections.)

5. The proposed version of the ordinance presented at the workshop does include different standards for day versus night. The group agrees that this is appropriate.

Bud Nocera is the Greater Fort Myers Beach Chamber of Commerce president



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