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Dunedin To Tackle Music Ordinance Next Month

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By Mark  Schantz | The Suncoast News

Published: July 12, 2008

DUNEDIN - Next month, city commissioners could decide whether to revise the city's noise ordinance to regulate amplified music in the city's downtown entertainment district.

The City Commission will hold hearings on the proposed ordinance at 7 p.m. on Aug. 7 and Aug. 21.

After a year of meeting, a noise task force, formed by the city to design the revision, reached a stalemate on an issue.

Assistant City Manager Harry Gross said city staff is recommending the noise ordinance be revised to limit amplified music to 65 decibels. Offending sound would be measured at the property line where the complaint is registered, or from a distance of 100 feet, whichever is less, rather than at an offending business.

Amplified music that could be heard outdoors would have to end by 11 p.m.

Restaurateurs in the city's downtown favor a decibel-based ordinance that would not permit a handful of nearby residents to halt musical performances by merely calling the sheriff to complain.

Residents living near the downtown told city officials they should not have to endure listening to hours of loud music in their homes at all hours.

Opponents of stricter limits on downtown music say people who chose to live adjacent to a commercial area shouldn't be surprised by noise.

John Lewis, owner and head chef at Le Maison Gourmet, which offers music on its patio, said the ordinance sounds like a good compromise, even though most who offer live music wanted to see a higher decibel level.

Most restaurants that offer live music now police themselves using a decibel meter, Lewis, a task force member, said.

Frank Baiamonte, owner of the Meranova Guest Inn, a downtown bed and breakfast, said he is disappointed with the proposed ordinance revision.

The ordinance, which would set sound limits for the entire city, won't work in areas where people reside close to commercial centers, especially as mixed-use developments expand within the city, said Baiamonte, another task force member.

The burden of enforcement should have been placed on the business owner to comply with the decibel level, rather than having complaints handled by the Sheriff's Office.

The issue should be dealt through the permitting process by an arbitrator, Baiamonte said. Offending business would then face losing their permit to provide amplified music if they did not comply. Business owners say they need to be able to provide live music in order to remain competitive with other restaurants and attract customers.

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