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.)
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
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.
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.
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.
Let the fun begin watching the city council.