By Faith Ross
City Resident and Former Musician
April 19, 2021
Editor’s Note: Faith Ross is a resident of the historic district and is the wife of Fernandina Beach City Commissioner Chip Ross.
Recently a City resident from the middle of the island called me stating she was happy she didn’t live downtown with its noise issues. I explained that City residents may not fully understand the impact of adopting a new decibel-driven noise ordinance (DDNO). I have had some experience with noise ordinances, sound limiters, and noise meters in another state. So perhaps all citizens may want to consider some of the unintended consequences of adopting a set DDNO.
About four years ago the City increased the density of the Commercial district to 32 residential units per acre downtown. More residents (rather than tourists) would support shops and restaurants and commercial property owners would gain more revenue with added residential rents. As a result, newly constructed townhouses and condos offering rooftop patios are presenting new noise challenges with more housing placed so closely together. With permitted decibel readings of 80 dbs, a next-door neighbor’s rooftop noise will likely not be tolerable to the next-door neighbor’s rooftop. Worse yet, where does an officer measure it from? And from which point on the whole communal property line?
A more recent trend, and interesting City challenge, is the increased sale of downtown and City properties to couples in their late 30’s and 40’s+ who have come from out of state to escape Covid lockdowns. From California and other states, our new residents work from home. It is difficult to explain to a boss that the neighbor’s or bar’s music can’t be turned off in the midst of a work Zoom or Skype meeting. Working across different time zones further complicates evening hours of video conferencing. Do we want to nurture this cottage industry of at-home digital commerce or not with intrusive workplace noise pollution?
Another City trend offering challenges is the appearance of more tricycles and play toys in the front yards of downtown and other residential homes in the City. Young families have found they can work from home. Unsuspecting parents are about to get an awakening with a neighbor’s 65 to 80-decibel music when trying to put infants and young children to sleep at night.
“Takings” litigation is no a new trend in Florida, however, with the number of wealthier residents arriving, “taking” property owners’ quiet enjoyment of their property likely needs to be taken seriously. Developers have repeatedly told Conservation Land advocates to “buy” the land if they want to take development rights. There should be no deviation from that policy. I will remind everyone that the Green Turtle bought the Florida House (or vice versa) over the noise issue.
A few years ago, a City resident reported a neighbor who had cut down large oaks without a permit. The neighbors retaliated with loud electronic music. With our existing ordinance, the police were called and the noise ended. With this in mind, I hope we are all prepared to understand the implications of allowing 80 or 90 decibel music to be “legally parked” in front of all of our homes and businesses. Any vehicle parked within a City right of way could sit for hours on end, with the windows rolled down, and pump 80 decibel music into your home. (Check it out, download a free sound meter app onto your phone.) How long would you and your neighbors last? Any neighborhood with a sidewalk would also be subjected to the same abuse day or night. No officer could be called for relief, the offender would meet the decibel limit.
If one bar and two restaurants with a noise problem can’t buy out the neighbors, simply buy “house-owned” noise limiters for the musicians’ amplifiers. They aren’t expensive. The musician’s contract needs to state that they are not going to be paid if they exceed 65 decibels at a neighboring property line. This does not mean the music is limited to 65 dbs coming out of the speakers. Just walk to the neighboring property line, hold your meter up, and adjust the amp’s sound limiter level to read 65 on your meter at the property line. The sound is much louder inside the bar’s property for patrons. The contract also needs to state that the musician pays the fine for the violation. Noise limiters have been used elsewhere successfully since the 1990’s. This is not new technology.
In closing, most professional musicians (and I was one of them at one point) used to believe that everyone was entitled to their own taste in music. Obviously, when you go to a restaurant or bar with music, you leave when you don’t like it. Residents and businesses don’t get that choice when the neighbors’ music penetrates their space. Professionals also respect the fact that everyone likes different types of music. As professionals, we understand that not everyone likes what we perform, from religious music, opera, jazz, to hip hop, we get it. Some people aren’t in to what we do. And musicians are also the first people to tell you that it is pure torture to listen to music that you hate for hours. Businesses and neighbors are not any different.
I would hope that 1 bar and 2 restaurants would not be permitted to determine the level of noise/sound that an entire city of 12,000 residents should tolerate. Nor should 3 businesses or a next-door neighbor inherently dictate the type of music that we must listen to in or at our homes and businesses. For ALL City residents and businesses alike, with a new decibel driven ordinance, the question needs to be answered, “How much music or noise do you or your children want to hear from your neighbors, whoever they may be? And for how long?”
As noted, in 2017 when the City increased the density of the Commercial district to 32 residential units per acre downtown, the main theme for approval consideration was sympathy and need for downtown workforce housing. (So much for that good intention). At that time, Commissioner Miller was the only voice raising concerns about the associated noise and other activities that come with living in, on top of, or nearby, a commercial area. He asked what could be done to stem future complaints. “When people move into a “loud area,” they are going to have to know that’s part of the scene. Can we do anything to preempt that?” At the time, Senior Planner Gibson replied that it was “a case of buyer beware.”
Currently, to drive tourism, the City actively promotes online (e.g., TripAdvisor) its “casual dive bars with live music… “. It does not promote the City’s downtown area as place for quiet living or child rearing. Zoning is not fixed and perhaps a solution to consider might be the rezoning of sections of the downtown commercial area to legally identify and protect what is already an existing “community entertainment district”. Like the Historic District, where owners and potential buyers understand their rights, obligations, and limitations, a clear designation of a Community Entertainment District would give protections to the existing businesses and provide clarity to developers and those aspiring to be residents.
Perfect response, Nomadi. You can live in the French Quarter or Key West also and guess what? It’s noisy!
I thought from reading the title the author was going to take the other side of the argument. Until the Boat House came along, with corner music directly across from City Hall, I don’t think we heard much about any problems.
The 10p/11p cutoff times are reasonable. If you move into one of the “new” properties downtown make sure you understand the issue. I live downtown to have the convenience of the food and entertainment. If I wanted peace and quiet at 7p I would have bought elsewhere. Don’t turn downtown into the plantation! The “scene” is part of the attraction.
The newly proposed ordinance would not permit “someone to park outside of your residence, blaring music at 80 decibels from a vehicle.” Rather it specifically carves out a different standard for music emanating from a vehicle and limits that sound to “plainly audible from 50 feet during the ‘day’ and 25 feet at ‘night.”, FYI
This is so uninformed. Its not “one bar and two restaurant”. Its hundred or maybe thousands of people that want to see and hear live music. 65 db is not very loud. Many people talk that loud. By the way, there is not such thing as a “noise limiter” for amplifiers.
Michael, so let’s get informed and get real. NOBODY is saying anything about stopping live music. The issue is amplified music sound levels that impact neighboring property owners. Yes, Faith uses some sensational examples but there is an underlying truth there. As far as those that say “buyer beware”, the buyer can only be aware of current conditions and this was not a widespread problem until some venues started cranking out the amplified music. As to your claim there is no such thing as “noise limiters” a Google search reveals this from a company called Knight Sound and Light which appears to be exactly what Faith was referring to:
WHAT DO LIMITERS DO?
Sound limiters are devices that are designed to monitor the sound in an area and limit the maximum sound level that can be generated by sound equipment such as used by discos or bands etc. The device is installed into the signal path, or the electrical supply to the equipment in the area and applies control to prohibit the sound from exceeding the preset level. Some devices simply cut the power when the level is exceeded, whilst other devices can clamp the sound at a fixed level by reducing the mains voltage to the equipment or signal to the amplifier.
On another note, I fear the decibel focused ordinance will result in litigation as to certification of the equipment, training of the officer’s using the equipment, etc. – much like has to be done for police usage of laser speed detectors. A very expensive process for both sides.
I agree with the issues you bring up with the db meter. But, sound limiters (even if they did exist) can’t work. Where would they measure the sound? At what level? What if there were two or three or more “amps”? Sound is additive, how could they be set. It makes no sense at all. You can’t control the volume of an amp by lowering the ac voltage. That’s not the way they work. BTW – Limiting the music at 65 dbA is ending the music. You can’t measure just the music. Crowd noises alone can be well over 65 dbA. No, none of this is a good solution. The only real solution is music (not noise) be allowed before 10:00 pm and not after. Very simple to monitor. It just takes a cell phone, Where Faith (or Chip) lost all credibility is making the argument that it’s “one bar and two restaurants” vs. “12,000 people”. It is 12,000 (or more) people that support live music with their money vs. one or two people.
Wow Faith – terrific argument here! Thank you!
Please don’t move into downtown if you don’t like what living in downtown entails. I get angered that people make choices and then, oops I didn’t realize people enjoy singing and dancing in the streets. This bothers me so let’s put a stop to it. DO NOT MOVE DOWNTOWN AND EXLECT IT TO CHANGE FOR YOU.