Fairhope Noise Limit Lowered by Council

MAYOR MAY VETO IT

After hearing about an equal number of citizens pro and con -- by a 3 to 2 vote the city council voted tonight to lower the daytime residential noise limit from 85 to 65 decibels: Councilmembers Quinn and Kingrea voting no. (Special permitted events ie. concerts, parades are exempted)

Because of all the back and forth confusion the past 3 years, Quinn proposed trying having no municipal ordinance at all, instead letting disputes be settled in Civil Court by the individuals involved (nuisance laws); and Kingrea wanted to try incremental monthly changes instead -- until solution is found; but both ideas failed to garner enough support.

Councilmembers Ford, Mixon and Stankoski voted in favor of lowering to 65 to see how it works, then to reevaluate.

A FLY CREEK PROBLEM?

Most of the citizens (for and against) who spoke were from the vicinity of the Fly Creek Marina, Volanta Ave. and Sea Cliff Dr; but Councilman Ford held up a stack of letters and e-mails from more opposed, saying he had heard from others -- but they "didn't want to get involved" directly.

CALLED A "GORDIAN KNOT"

Councilman Stankoski said he sought to strike a proper balance between home and business owners; and Ford said his Committee had struggled with several options -- and lowering to 65db was decided upon to try for a month, then reevaluate.  Changing whether the sound is measured at the property line or house corner was also considered, but not included.

In exasperation, Stankoski referred to the problem as a Gordian Knot, referring to the ancient Greek myth involving Alexander the Great.

Quinn called it a clash of "incompatible zoning", R-1 and B-3.

When asked by the Times if he intended to veto the lower limits, Mayor Kant said he'd have to think about it: " haven't made up my mind yet."

(Publisher's Note: The Mayor may veto any ordinance, then the Council can override it by 2/3 vote. In Fairhope's case, 4 votes will be needed to override.)

Comments

Anonymous said…
For the love of God - do we really not have more important problems in this city????????????
Anonymous said…
Let's hope the mayor mans up for a change and vetoes it.
Anonymous said…
Although Fly Creek Cafe and Mrs. Neimeyer is my favorite things, and although I do feel for the people living there, I think the city is taking it from one extreme to another. Couldn't they find a better compromise? Allow music on only certain nights? BTW, who was there first? The residents or the restaurant?
Anonymous said…
That should read "Fly Creek Cafe and Mrs. Neimeyer IS NOT among"
Anonymous said…
I've heard about 50 violations already today. Most of them involve lawn services. Should I call the police??
Anonymous said…
Fairhope used to be a good Christian town. Now it is nothing but bars and nightclubs and sinners. Pray for Fairhope.
Anonymous said…
School buses running in the neighborhoods violate the code. Arrest them all. This is just a little ridiculous! Come on lighten up a little. I don't like the big noise from these bands, but you got to give a little to get a little.
Anonymous said…
Too bad we can't get barking dogs taken care of as easy as shutting up restaurant noises. I've been complaining for months, but it just so happens when our police park 3 blocks away, they don't hear the dog bark.
Anonymous said…
My family lives about a mile away from the Fly Creek Cafe. Our house was built in 1969. The Fly Creek Cafe was built in the 1980s and when it operated under previous ownership for 20+ years, there were no noise complaints. We never have had a complaint with the Yacht Club, the Marina or any other business.

A new owner has come in and turned up the volume. Given how the wind carries the sound, we hear music several days and nights a week, usually from noon until past 10:00 pm. Sometimes it is so loud that the children cannot sleep.

If the restaurant wants to avoid complaints, all it needs to do is offer a little common courtesy and turn the music down.

This ordinance covers non special-permitted amplified music, and has nothing to do with lawn mowers, special events or other activities.

As a conservative, I feel nothing is more sacrosanct than private property, one's family and one’s own home.

I applaud and will support the 3 members of the City Council who voted to protect private property and family values.

I am sad that Fly Creek Cafe has turned this into a public controversy by its refusal to keep the music at a reasonable level, not at the maximum the law allows--day-in and day-out.

As a business owner, I recognize the importance of promotion. It allows me to provide for the 20+ people I employ. We do it the old fashioned way-- through traditional advertising and marketing, quality products, good service and periodic price specials. Like many other business owners, I reject that repeatedly disturbing the peace is a requirement for business success.
Anonymous said…
First of all, I have been at Fly Creek when the music was playing. Truthfully, it was barely audible. I have also eaten dinner on the deck of the Fairhope Yacht Club when Fly Creek had live music and didn't hear a note.

That said, I believe that a specific business and individual is being targeted. That is my issue with this ordinance.

There is absolutely no way this thing will be enforced fairly.

Vote the idiots on the council and in the mayor's office out.
Anonymous said…
I live about 2 - 3 miles as the crow flies from Fly Creek. On a good night, I get to "enjoy" their music all night long. (Enjoy being sarcastic). I don't think we need to shut down all these folks, just quieten them down some. Mrs. Neimeyer wants it all her way or not way. She is quite a "business" person.
Anonymous said…
The ordinance is too harsh and the fact that there are so many "exceptions" make is unfair.

Why don't you google what 65 dB really is. Did you know the average snore is 60 dB????

If I was Tricia I'd be lawyering up.
Anonymous said…
All of these problems started after Wal mart came to town.
Anonymous said…
Read on Facebook the mayor issued a veto late Friday afternoon.

Let the fun begin watching the city council.