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Residents sound off on noise

Treasure Island dwellers turn out to debate how music and noise are regulated.

By NICK BIRDSONG
Published July 17, 2005

TREASURE ISLAND - City Attorney Maura Kiefer said she has always marveled at the high level of participation in the political process from residents. Whenever there's a remote possibility of change, people show up and speak out, she said.

Scores of folks fanned out outside Treasure Island City Hall Auditorium and Marina before Tuesday night's board of commissioners meeting. About 20 gathered near the building's entrance, reading the night's agenda.

Recently, County Judge Kathleen Hessinger ruled that the municipality's noise ordinance (that restricts noise levels) before 11 p.m. is unenforceable. The decision prompted Kiefer to advise the City Commission to address the judge's ruling.

The commission submitted two options.

Treasure Island Deputy Mayor Phil Collins said one option would permit anyone producing a noise deemed loud and raucous by a Treasure Island police officer to be cited. But option two would specifically list what noises are illegal. The commission is leaning toward option two, he said.

But before anyone's opinion could be heard Tuesday night, city Commissioner Ed Gayton Jr. had to dispel a rumor. Earlier in the day, the city of Treasure Island put out a press release stating a local 24-hour news organization ran a story saying that a noise ordinance in Treasure Island could ban live music from "from Clearwater to St. Pete Beach".

"I do not know if someone is perpetrating a hoax by sending out hundreds of e-mails, contacting Bay News 9 and WMNF radio station and informing that T.I. Commission will be proposing changes to our noise ordinance that would ban outdoor music after 5 p.m.," Gayton said. "One thing I do know is that whoever is responsible for spreading this misinformation has done a disservice to the hotels and motels, bars and restaurants and every business on Treasure Island."

Gayton's proclamation did little to quell the crowd of about 300 residents. Countless residents approached the lectern to express their views on the longstanding issue, drawing applause from the crowd after each five minute allotment.

Fred Stern, owner of Ka'Tiki bar and grill suggested a third option. Leave it alone. "You know the saying if it ain't broke, don't fix it," said Stern, whose bar is at 8803 W Gulf Boulevard. "Well, they're saying if ain't broke, break it."

Several bars and restaurants in the area provide live music for their customers. The jam sessions typically end around 11 p.m. when much of the city shuts down.

Right now, anyone making noise after 11 p.m. that is deemed "loud and raucous" by a Treasure Island police officer, can be cited for disturbing the peace under the county's noise ordinance. But officials reasoned, under the city's current ordinance there wouldn't be much a resident could do if someone parked their car in front of a house and blared a 1,000-watt stereo system for five hours, as long as they did it before 11 p.m.

Still, many in attendance thought the complaints of one or two people are being allowed to change the way of life in Treasure Island.

"How can one person tell 300 people partying in this club, you're disturbing me," asked Rocky Ruckman, a local guitarist that plays at Ka'Tiki. "So, all of you have to be quiet, so I can pet my cat."

One of those complainers is Don Callahan. He said he can hear the incessant thumping of bass coming from Ka'Tiki at his home on 90th Avenue. The 77-year-old suggests bars in the area become soundproof. That way bar owners could blast music "until blood is coming out of their ears," as long as they don't disturb someone three or four hundred feet away, he said.

Stern has received six citations and 34 complaints at his bar, which sits some 20 feet away from a residential area. However, all of the citations were thrown out in court on the grounds the alleged disturbances happened before 11 p.m. Nonetheless, Stern said Kiefer is trying to change the law by attempting to influence a change in the ordinance's time stipulations in order to help prosecutors win cases.

"This isn't about what the city attorney wants," Kiefer said. "This isn't about anyone, one bar or restaurant. This is about the entire community."

Most said they thought the city should embrace technology and adopt an acceptable decibel meter reading. Some reasoned this would keep the power to dole out $50 citations out of the hands of one person, including the pollice.

Luke Lirot supports the use of decibel meters, even the readings they give can be affected by a number of variables, including humidity.

"It provides a specific point of guidance," said Lirot, a Tampa attorney who has worked in First Amendment law for the last 20 years representing everything from churches to strip clubs. Lirot was there on behalf of Caddy's Bar and Grill, an establishment that's never been cited. "When you leave things to the police's discretion there is no way you can ensure enforcement can be consistent and fair. You're never going to get a decibel meter that chooses country music over rap. You don't have any personal preferences entering into the scenario."

Kiefer said the city accepted the county's noise ordinance in 1991. So regardless of whether or not the city's ordinance is removed or revised, Treasure Island police officers can still cite under the county ordinance. Hessinger's decision should be addressed only if the city intends to have its own ordinance, Kiefer said. But she thinks Treasure Island should just "let the county deal with it".

Collins said the issue will be brought up again at the next city workshop Tuesday and that it's very possible an option could be voted on after the commission meeting on July 26.

The decision should be fair to both business owners and homeowners, Collins said.

[Last modified July 17, 2005, 01:05:20]