SEBASTIAN — Live music venues along Sebastian’s waterfront will have to keep the music down or face fines if Sebastian Code Enforcement or Police officers deem the music is too loud and a nuisance to surrounding residences, the Sebastian City Council decided Wednesday night.
John Campbell, co-owner of Tiki Bar and Grill (formerly Suzy’s Tiki), said after the council approved the new noise ordinance that he could support the rules.
“I’m fine with it,” he said. “I trust our police officers.”
Campbell said the one concern he has is the possibility of politics entering into the equation. He explained that would be unfair to the officer if unfounded complaints continue to be made and the complainant goes to a sympathetic council member who would then lean on the officer to cite the business.
Police Chief Michelle Morris said she would not expect that to be an issue – and if it were to become an issue, she would take it up with City Manager Al Minner, to whom she reports.
She said she fully expects the businesses to be responsive to requests to turn their music down – much as they have been.
Ruth Sullivan, owner of Harbor Lights Motel and lead proponent for a stronger noise ordinance, told the City Council she appreciated their work to address the issue.
“I want them to continue to have a successful operation,” she said of the music venues.
Sullivan added that when the music level is acceptable, both types of businesses can complement each other.
The new ordinance, which the council approved with a 4-1 vote, would be in effect 24 hours daily and includes fines for repeated violations, up to $500 for each after two violations within 60 days.
Councilwoman Andrea Coy was the lone dissenting vote, explaining that she could not support it as written. She took issue with a provision that would hold individual employees responsible for complying with officers’ orders to turn the music down.
Those individuals would be people on a call list when complaints are phoned into the city.
“I certainly wouldn’t want to put my name out there,” she said, imagining herself as an employee volunteered to be on the call list.
Her fellow council members did not take issue with the call list individuals’ liability, suspecting that business owners would not entrust the noise issue to just any employee but one who is trusted.
“I think the focus should be on the establishment,” Coy said.
As for determining what constitutes too-loud noise, the ordinance reads: “A violation of this chapter shall occur if circumstances are such that a violation would be obvious
to an ordinary, reasonable, prudent person.”
That person would be a Code Enforcement or Police Officer.
Council members have agreed that music would be considered too loud if windows vibrate or that people inside their residences can sing along to the music being played.
“We put this in the hands of the (police) chief and in the hands of the businesses,” Mayor Jim Hill said.
