We need you to appear at the City Council Meeting this Tuesday, March 26, 2013 at 5 pm to speak in support of Bill No. 2013-0166 which will ensure that Metropolitan Park is considered part of the Downtown Entertainment District. The reason this is important is because Councilman Don Redman, former councilmember Ginny Myrick and others are trying to get the City and the Jacksonville Sheriff’s Office to apply the City’s regular noise ordinance to all events held at Metropolitan Park including upcoming events in April and May.
The regular noise ordinance has a 65 decibel daytime limit and a 55 decibel nighttime limit. 55 to 60 decibels is the normal level of sound that most of us make when we talk. While Ordinance No. 368.203 calls for sound measurements to be made at the property boundary of a complaining party’s land, the Jacksonville Environmental Quality Division (EQD) has a rule which allows them to measure sound levels at the nearest public right of way to a source. That means that in areas such as the south bank neighborhoods where background highway and urban noise is at a high level, that if the EQD has jurisdiction over Metropolitan Park they could measure sound levels during concerts on Gator Bowl Blvd. at the Park’s boundary and every musical event of any kind (gospel, jazz, classical, rock or funk) would be well over the daily permitted standard decibel limits effectively ending all musical or amplified events of any kind at the Park.
Anyone found to have violated the City’s noise ordinance pursuant to Ordinance Nos. 368.301 and 368.302 may be fined up to $10,000 per violation and may be sentenced to up to 90 days in jail per violation. The City rents promoters Metropolitan Park for the purpose of staging music festivals there. The promoters of the Soul Food Fest, Funkfest, Welcome To Rockville, The Big Ticket and others should not have to risk being fined tens of thousands of dollars and risk going to jail because they stage music festivals at Metropolitan Park. All promoters will take their shows, the pleasure we derive from those shows and the economic benefit the City derives elsewhere if they have to operate under the threat of fines and jail.
Bill No. 2013-0166 which was introduced by Councilmember Kimberly Daniels will put an end to threats of fines and imprisonment for staging concerts at Metropolitan Park. Ordinance No. 191.202 which is part of the legislation that created the Entertainment District expressly states that the “12 Ticket Events at Metropolitan Park†are entertainment district special events which are exempt from the noise ordinance. Metropolitan Park was used during the Superbowl for special events and the Park’s geographic boundaries should have been included within the Entertainment District. Bill No. 2013-0166 will correct that oversight.
Following the hearing in front of the City Council on March 26th the bill will then will be referred to the Recreation and Community Development Committee for hearing on April 2 @ 2pm and to the Public Health and Safety Committee for hearing on April 1 at 4pm. All meetings will be held at City Hall at 117 W. Duval Street. If the bill is voted favorably out of both committees it will then go back to the City Council for vote on April 9. Please voice your support at upcoming Council meetings and email the Mayor and all City Council members and let them know you want to keep the music alive at Metropolitan park and that Bill No. 2013-0166 has to be passed.
https://www.causes.com/causes/970717-annex-met-park-into-the-entertainment-district
Wow, even Kim Daniels gets one right once in awhile.
During the "Save Concerts At Met Park" cause campaign, our City Council members assured us that they would do nothing to end concerts at this location. Since that bill was removed there have been meetings about the noise ordinance. The solution that they have come up with is to impose the same noise ordinances that are present in neighborhoods. They will also enforce the law by way of fines and possible arrest of concert promoters if they are none compliant. Ultimately Ending all concerts in Met Park. Sneaky Buggers
I hate to admit it, but as crazy as Kim Daniels is I noticed she makes very good decisions for the most part, unless its tied to a religious matter I.E. discrimination bill. But I can honestly say she's been pretty good for the most part with her thought process and decision making on most things.
Noise “Rules†only generate citations unless deemed chronic â€" then taken to “enforcement†â€" a judgment under the “ordinance†quoted. To my knowledge, no one has ever been sentenced to jail time for violating noise rules in Duval County. General citation is maybe in the $100 category. $10,000 is rare and only as a judgement under enforcement action. So, the idea that we are going to haul a concert promoter to jail is a bit alarmist in my opinion. One thing to consider is any documented history on noise levels generated by the concerts across property lines? How often does it go above 55 dba in the night time hours? You may find a concert will rarely generate that much sound, while residents may find that 55dba is an annoyance as well, it would still be allowable under the rules. If no data exist, maybe there should be some study to determine how much sound can be generated at Met park (under various weather conditions), vs. how much is received in the receiving community.
Consider also, the 55 dBa “night†standard is only in effect after 10:00 pm. The daytime standard of 60 dBa (I would expect met park is a class C property), I think it would be very rare sound levels will reach this high. Sound volume increased exponentially with increase in dBA so 60 is significantly louder than 55 dBa. The result would be the concerts probably shut down at 10:00 p.m. Not the end of the world.
Last, as for CC Daniel’s bill, it is generally not considered proper decorum to pose a question to a deliberative body when that same question is being formally considered by a committee of that body. So, it’s unlikely to get “in front†of the committee recommendations, while it may be considered after or concurrent with action by the committee.
Chronic could be considered as multiple complaints through out the day. This could also occur if after one citation is given and the promoter does nothing to comply with the ordinance. Let's face it, I would not go turn the music down with 10,000 fans wanting to hear their favorite band. That is a real good way to set youself up for all kinds of repercussions. Concerts generally operate at 105 decibels at the mix position, which is approximately 100 feet from the source. The noise dissipates at 6db at twice the distance per equation. I listened to the audio from the committee meetings and could punch so many holes in their "expert" explanation of noise pollution readings. The biggest problem here is if you walk right across Gator Bowl Blvd, you are standing in the entertainment district. The park posses es a giant stage, which would lead you to believe it was intended for entertainment. Within the "12 shows per year" variance for met park, all events should be exempt from the residential noise ordinance. Besides the ordinance calls for noise to end at midnight. All concerts end at 11pm on Friday and Saturday nights and 10pm on all others, but Redman is still not satisfied. If the park is included in the entertainment district this argument will finally be put to rest.
Noise is governed first by “administrative rule,†(titled rule 4) set and governed by the Jacksonville Environmental Protection Board. Enforcement under the ordinance is a next level that must go to judgment for application. Tust me, they are not going to put Slim Whitman in the county jail for hitting 70 Decibels at Metro Park on his one night come back tour.
Being as you are an expert in this subject, you are then aware that virtually every urban amphitheater in the country has the same issues with noise and the effect on adjacent residents. I would say the idea to just legislate the complaining citizens out of the equation is nothing short of draconian.
I agree that it is not fair to just pass legislation on complaining citizens, but that is exactly what the city does when they want their way. I am just saying that what is good for the goose is good for the gander. The goose being Monster Truck Jam, Jags Games, Florida Georgia Weekend, Suns Games etc... Since the birth of the park it has hosted many artist such as: Allman Brothers Band, Bela Fleck, BelBivDevoe, Black Keys,Blue Oyster Cult, Bob Dylan, Bobby Brown, Boyz2Men, Brad Paisley, Brian Setzer, Buddy Rich, Cece Winans, Chaka Kahn, Chaka Khan, Chaka Khan, Chuck Berry, Chuck Mangione, Clint Black, Count Basie Orchestra, David Sanborn, Della Reese,Diamond Rio, Dizzy Gillespie, Duke Ellington Orchestra, Duran Duran, Earth, Wind and FIre, Grover Washington, James Brown, John Denver, James Taylor, Kansas, Keith Urban, Little Big Town, Lonestar, Macy Gray, Manhattan Transfer,Michael Buble, Miles Davis, Montgomery Gentry, Nancy Wilson, New Edition, Nickelback, Pat Benatar, Robert Cray, Rosemary Clooney, Spyro Gyra, Styx, The Neville Brothers, The Temptations, Tito Puente, Tony Bennett, Train, Travis Tritt, Van Zant, Willie Nelson, Wynton Marsalis - And now all of sudden there is a problem with the noise? Events haven't become anymore frequent, but there are more rock bands playing these events. As I said 2 months ago, the noise is noise the issue it is the type of noise.
In the fairness of compromise: have you considered maybe holding the concert using only sign language?
That way everyone wins. Concert goes on. Redman's noise ordinance not needed.
http://youtu.be/dKQuVT6gedM
Welcome to the NEW Metro Park!!!
That pretty much sums it up right there. I am re-posting this one for sure.