- September 6, 2024
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Flagler Beach may soon get quieter — at night, at least — following a unanimous Thursday vote by the Flagler Beach City Commission to approve a noise ordinance that would set quiet hours between 10 p.m. and 7 a.m.
“We have to become a bedroom community again,” Commissioner Joy McGrew said, urging City Attorney Drew Smith to make the ordinance airtight. “I want it so you can’t poke a hole in it."
This was the first reading of the ordinance.
According to the new noise rules, anyone creating noise that would disturb a reasonable person 200 feet from the property line where it originates, that is over the city’s decibel limit, or that is plainly audible within another enclosed structure between the hours of 10 p.m. and 7 a.m. could be cited for violating city code.
To cite someone for creating noise plainly audible within another enclosed structure during the city’s quiet hours, police would need a sworn affidavit from a complainant.
But commissioners decided to strike language that would have required signed affidavits of complaint for police to cite people creating noise that would disturb a reasonable person 200 feet away from its source.
Commissioners made the change in order to protect people who fear retribution if they complain about noisy neighbors.
“Not everybody has the gumption to come before people and make complaints like that,” Commission Vice Chairwoman Jane Mealy said.
But Commissioner Joy McGrew said removing the requirement for a signed affidavit might invite frivolous complaints from people unwilling to stand behind their own words.
“If they’re going to call in a complaint and use our resources, then they need to step up to the plate,” she said. “If you’re not willing to step up and say ‘I have problem with this,’ then why are you complaining? Then you’re not part of the solution.”
Commissioner Marshall Shupe said he thought few residents would want to sign an affidavit just to file a noise complaint.
“They know there’s going to be retribution,” he said. “I mean, we can get retribution to the point where a neighbor shoots another neighbor. To me, I think it escalates.”
With the changed language, a sworn affidavit would only be needed if the only way police can establish a violation is under the standard barring noise clearly audible inside an enclosed structure between 10 p.m. and 7 a.m. — in other words, if they would have to enter the complaining caller’s home and listen for the noise.
Commissioners also decided to add a line in the ordinance stating that the noise restrictions would not apply on New Year’s Eve or July Fourth.
Evaluation committee to rank Ocean Palm Golf Club RFPs
In other business Thursday night, the commission discussed how it will evaluate responses to the city’s request for proposal for the Ocean Palm Golf Club.
An evaluation committee, whose members will be selected by city staff, will score the proposals and rank the top three to five firms. The meetings will all be public.
The commission will have the final say on which firm is selected.
Feed Flagler Beach provides 65 meals in first year
City staff provided 55 individual Christmas meals and 10 family Christmas meals for residents as part of Feed Flagler Beach, an initiative created this year by Mayor Linda Provencher.
Provencher started the program after noticing that there wasn’t a Feed Flagler location in Flagler Beach for Thanksgiving.
City police officers and firefighters helped Provencher, Shupe and City Manager Bruce Campbell pack up the meals and deliver them to residents on Dec. 24.
