Martin County Commission to rethink noise ordinance after business owners challenge it
May 18th, 2009 by TCPalm.comSTUART — A constitutional challenge is prompting the Martin County commissioners to rethink a strict noise ordinance they enacted in February to crack down on loud music at bars and other businesses.
Deanna Kernan, the owner of the Martin Downs Sports Resort in Palm City, and Susan Masterson, the resort’s manager, have asked a county judge to declare the noise ordinance unconstitutional because it is “overbroad.”
Kernan, 42, of Palm City, and Masterson, 39, of Stuart, also have asked Judge Stewart Hershey to dismiss the misdemeanor charge they violated the county’s noise ordinance because music from the resort could be heard more than 150 feet away.
“Quite simply, this 24-hour ‘no tolerance’ prohibition is not narrowly tailored to serve a significant government interest,” wrote Darren Steele, a lawyer representing Masterson. “As such, it fails to pass a constitutional muster.”
“It unreasonably prohibits sound coming from Martin Downs Sports Resort (and similarly situated commercial establishments) at all hours of the day and night without real regard for the legitimate protected interests of the commercial establishments,” Steele wrote.
As a result of the challenge to the noise ordinance on the basis of First Amendment freedom of speech rights, the county commissioners are set to discuss the situation on Tuesday, said County Attorney Stephen Fry. Among their options are repealing the ordinance, revising the language, or continuing to enforce it as written.
The ordinance bans noise from traveling more than 150 feet beyond a business’s property line. It also bans noise from crossing a business’s property line between 11 p.m. and 7 a.m.
“Of the cases reviewed by the County Attorney, Martin County’s regulation is the most restrictive,” Fry wrote in a memo to the commissioners. “Decisions conflict on whether an ‘audible’ standard is appropriate, whether the regulation is vague, or lacks flexibility, or is too restrictive.”
If the commissioners decide to continue enforcing the noise ordinance as written, the county would defend it in court, Fry said.
The commission enacted the stricter noise regulations on Feb. 10 at the request of homeowners who complained about being disturbed by loud music coming from bars.
Since then, deputies have also issued notices to appear in court for alleged violations of the noise ordinance to the owners of Hobies Bar in Hobe Sound and Pip’s Tiki Grille in Jensen Beach after receiving complaints from nearby residents, sheriff’s records show.
Several members of the Martin Downs Sports Resort have complained to the commissioners that the noise ordinance is ruining their fun.
“I’ve attended many events there and have never been offended by any loud music,” said Maureen Krosin. “Concerning the current noise ordinance, I believe it is too restrictive and ambiguous and subject to interpretation. It should be called the ‘no noise at all ordinance’ because virtually any noise at any time can be actionable.”
David Earle, a lawyer representing Kernan and the Martin Downs Sports Resort, submitted a petition with signatures from 580 county residents asking the commissioners to loosen the noise ordinance.
Indian River County, Vero Beach, St. Lucie County, Fort Pierce, Stuart and Jupiter all have less restrictive noise ordinances and so should Martin County, Earle said.
But several neighbors of the resort have told the commissioners a strong noise ordinance is needed to so they do not have to put up with loud music in their homes.
“The music is so loud in my house that my walls actually shake,” said Isabelle Sakal.
Dr. Mark Loving said, “We simply want the noise levels turned down so that we cannot hear it in our homes and after 7 p.m. on school nights.”
County Commissioner Ed Ciampi, whose district includes Martin Downs, said he is working on a proposal that would require businesses to obtain a permit to play music and make violations of the noise ordinance a code enforcement case, instead of a criminal violation.
“Residents will have an opportunity to come forward to plead their case,” Ciampi said. “But on the other hand, a business owner will have the opportunity to come forward and plead their case that maybe a resident is unfairly complaining.”
Martin County noise ordinance at a glance:
• Bans noise from traveling more than 150 feet beyond a business’s property line during the day and evening
• Bans noise from crossing a business’s property line between 11 p.m. and 7 a.m.
• Requires a sheriff’s deputy to determine whether the noise is audible
• Sets the maximum penalty for each violation at 60 days in jail and a $500 fine
Business issued notices to appear in court for allegedly violating the noise ordinance:
• Martin Downs Sports Resort, Palm City
• Pip’s Tiki Grille, Jensen Beach
• Hobies Bar, Hobe Sound
By George Andreassi, TCPalm.com
Tags: bars, beach, codes, commissioners, court, crack, deputies, deputy, fines, government, hand, housing, jail, judge, misdemeanor, noise, offender, ordinance, property, restrictions, Schools, sheriff, Stuart, travel, violations, violators
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May 18th, 2009 at 10:17 am
There are plenty of legal noise ordinances that can be enforced and will stand up in court. Martin County just needs to get specific as to noise levels and how they’ll be measured. I hope the residents will retain a lawyer who understands the technology and will fight for their rights!
With modern sound system design there’s absolutley no reason these establishments can’t have their music without driving their neighbors crazy.
May 19th, 2009 at 9:16 am
When my cat needs to come indoors, a call to him, day or night, can be heard farther than 150 feet. If you want to stop noise, start with the trains that travel up and down within ear shot at what seems 50 times a day.
June 2nd, 2009 at 10:01 am
In most cases local ordinances cannot supercede state statutes. Additionally noise monitoring equipment is truly the only non subjective proof of decibel volume. I not quite sure that the County is willing to equip all of it’s Deputies with such equipment, ay approx. $2500.00 per unit additionally these units must be calibrated on a regular basis and the cost there is roughly $ 150.00 per calibration. The situation at Hobie’s is further compounded by the restaurants location in a mixed use zoning area, where you have a residence located directly behind a commercial establishent. Being a musician myself, I know it is not the intention of any entertaiment provider to make enemies of the public and they usually take great pains to avoid any noise confrontations. The Sheriffs office has far greater fish to fry than noise offenders and their being used for what should be civil enforcement, is sad waste of a valuable public asset and beneath the dignity of these Deputies who are being called upon to enforce a vindictive and overbearing ordinance.
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