Blog Archive

Wednesday, January 26, 2011

Looking At Noise Issues From Both Sides...

Today I heard a local watering hole has to face City Hall tomorrow in regard to a possibility of being denied permission to have outdoor entertainment.  The knee jerk reaction is that the bar and its entertainers are the victims, and that the complainers should get over it.  This is an argument that I can see both sides of, being both an outdoor entertainer, AND one who enjoys my quiet.  Allow me to present both sides for your review...

It is my belief that this issue and your opinion on it should be tempered by the location of the venue in question.  Every location has its own issues and challenges, and that is why cities have zoning laws.  What does happen occasionally is that the zoned area has a border, or some geographic anomaly that causes a problem.  If your business is in the heart of the commercial zone, you can probably be assured that you will have no problems or complaints.  If your commercially zoned business is in close proximity to residentially owned property, and you create noise, therein lies the rub.  Now you must face complaints and opposition.

Some cities are more fair than others in determining fair times and decibel levels for public outdoor music performance.  Any outdoor performer SHOULD be carrying a cheap decibel meter, such as I do, to be able to argue with no guesswork as to what is loud.  Noise is subject to opinion, but if the law states a number and you have a meter showing compliance, well then there is no argument.  Lets face it, performers do ramp up the volume to get over the crowd.   Concerned entertainers should monitor this so as to not be a problem for the employer...or venue managers should have a meter on site if the performer does not.

Whereas I do believe the venues should be able to have outdoor entertainment, and the performers should have a right to play, I also believe that homeowners and renters of residential properties adjacent to the entertainment have a reasonable expectation of peaceful existence.  If that peace is breached by excessive noise, or loud music, etc..., then the residents have a legitimate gripe.  This is where the history of the location comes into play...I mean, if you build your house next to a known outdoor stage, and then complained, that is on you.  If you build your bar in a residential area and add an outdoor stage, and complain that the residents revolt against you, then the bar is the bad guy.

Tomorrow, Hurricane Patty's will have to go to City Hall...just like Mad Dogs did...just like Dockside did...and every other tenant of the under the bridge location they inhabit in Flagler Beach.  They are directly on the river, in a residential neighborhood, the only business there.  Unfortunately their sound will travel over the water, and the complainers are probably the folks who live on the other side of the river...BUT, these are folks who spent hundreds of thousands of dollars on their homes on the river, and have a reasonable expectation of peace.  Maybe they are being overly sensitive in complaining too much, or maybe they are being bombarded with noise...that would be for those who enforce the ordinances to decide.  I don't believe Pattys should be denied permission to have music, but should be good neighbors in policing their noise levels, both from entertainers, and patrons at the waterside bar.    

Personally, I wish them luck and hope that things happen in their favor.  BUT I also hope that they are sensitive to the fact that they are sitting in a residential neighborhood, and that every business there before them has faced the same problem.  With a little thinking, and cooperation with the police, city and the area residents, they CAN coexist with no real problems.  But, don't be fooled into thinking that the complainers are music haters or whiners...if that is your reaction, imagine a school for rappers opening next to YOUR house, open til 10pm, LOL!  Food for thought....

          

Tuesday, January 18, 2011

THIS is ridiculous and REALLY pisses me off...in "free" America...

This is not second hand information, this is the adventure of someone I know personally.  He has been a Mr Mom for many years, raising his child, putting his career on hold since his wife had a stronger job and was able to support them.  As his kid got older, he took part time jobs for cash, and eventually opened his own business once his child was old enough.  His business failed, not by any mistake on his part, but an unfortunate zoning issue his landlord was unwilling to correct.

His child is now old enough for the most part to take care of herself, so he is actively either trying to get a job or start some kind of business, but the reality is, his domestic situation has changed, he is not being supported and he does not have any money...no money, no job.  He would LOVE to work in a field that is enjoyable, or that he is experienced in, but is willing to take ANY job...ANY job.

Unfortunately, he lives rurally in a small town, and there are limited jobs close to the house.  He has exhausted most of the close resources and has been burning up the gas and his car by going and putting in apps and attending fruitless interviews.  He recently saw a job offer on the internet, and called me to feel me out about it.  I was kind of against it...seemed shady and too far to travel, but left it that maybe some money short term was better than no money at all.  I then said that marketing wise, it seemed a better idea to present himself to the greatest number of people by either using the net, or even better, standing on a street corner with a sign that said "READY TO WORK...Not Homeless" or something like that.  He is THAT desperate.  I figured maybe someone with connections would get his info, or a job offer would come out of it...or at a minimum, the TV station or newspaper would pick up on it.

So waiting to hear back from him today to see how the adventure went, I got this email (edited for privacy):

I went out to do what we talked about. I was in a shirt and tie, I parked off the highway, I was at a very busy 3 point intersection at the edge of ******* where a ton of motorists get stopped.   I was off the highway, I had the sign, it was simple it said,

LOOKING FOR WORK

NOT LOOKING FOR HANDOUTS

I NEED A REAL JOB

HELP ME

Well I made it about 20 minutes and the  ******** police came, they gave me a rash of shit, they checked my license, registration, the whole bit, then they asked if they could search my car. I don't have anything illegal in there and I figured they'd do it anyway so I let them. They found nothing. So they told me I couldn't do what I was doing, apparantly they have an ordinance against those people begging for money. I told them  wasn't begging and my sign was clear that I wanted no handouts.

I told them everything we talked about last night.

Anyway, I asked them if it would be cool to do it on private property. They didn't actually say yes but they couldn't say no. So I moved to a plaza up the road. Well I was there ten minutes and they showed up again and said stop and leave or they would have to arrest me.

So I left. I should have gotten arrested. That would have made a good story on the news. I was scared though.

I seriously think they were just f****** with me, I cannot see how I was any great threat to them.

I seriously think it is a shame when a normal respectable person, willing and able and ready to work, cannot get a job, and is not allowed to make a desperate plea to the public without being arrested.  This just really chaps me.