BRADENTON BEACH – Drift-In owner Derek Williams asked the city commission for clarification of the city’s noise ordinance after what he described as conflicting interpretations by law enforcement.
City Attorney Erica Augello and Bradenton Beach Police Chief Lenard Diaz said live outdoor entertainment must end at 10 p.m.
Williams sought noise ordinance clarification during the Oct. 15 city commission meeting, after his staff received differing instructions from police officers on consecutive nights.
Williams said his employees were told by officers to turn the music off, turn it down or roll down the wind shutters and consider the tiki bar area to be indoor space where music is allowed.
“It depends on who’s working that night,” Williams said.
Williams said he spoke with other Bridge Street business owners and employees and learned that some shut their music off entirely at 10 p.m., while others keep it at a low level.
According to the city’s noise ordinance, the decibel readings for amplified music in commercial zoned areas cannot exceed 85 decibels from 7 a.m. to 7 p.m., 75 decibels from 7 p.m. to 10 p.m., 65 decibels from 10 p.m. to 2 a.m. and 55 decibels from 2 a.m. to 7 a.m.
Williams said he was not asking for late-night live music. He asked whether a business could stay within the allowed decibel limits with recorded background music audible in the tiki bar area after 10 p.m.
“We want to be part of the solution, not part of the problem,” Williams said.
Augello said the city code leaves little room for interpretation.
“There’s no outside entertainment, and the code defines entertainment,” Augello said.
She said the ordinance defines entertainment as live vocalists, musicians, DJs, comedians, karaoke performers and similar acts at a bar, restaurant, nightclub or similar commercial establishment that also serves food or beverages. She said if that entertainment is not inside a completely enclosed building by 10 p.m., it must stop.
Activities that don’t meet the definition of entertainment may continue after 10 p.m. as long as they stay within the decibel limit, Augello said. She said music from a radio or jukebox below the decibel limit would not be considered outdoor entertainment, and people may still talk outside.
Augello said the code defines indoor entertainment as entertainment inside a completely enclosed building, with windows closed and doors open only for normal entry and exit. That definition has not changed since 2014, she said.
Mayor John Chappie said the rules do not prevent people from sitting on decks and open outdoor areas, but noise must stay within decibel limits.
Chappie asked Diaz how officers handle complaints in the Community Redevelopment Agency area and whether they carry decibel meters.
Diaz said his officers have no authority to declare a space enclosed because the wind shutters are pulled down.
Diaz said the officers carry decibel meters, which are calibrated at least once a month. He said one newer officer does not have a decibel meter yet but will be assigned one. Diaz said he has never told officers not to use the decibel meters.
He said that when officers hear music down the street after 10 p.m., common sense dictates they tell the business to turn it off.
Diaz said the last couple of incidents at the Drift-In involved music and dancing in the parking lot after 10 p.m., but he was unsure whether a DJ was playing the music. He said low-volume background music is allowed in the outdoor seating area.
