It doesn't appear that the warnings took place.....we played our first set (1hr) and during that time the bartender asked that we turn the volume down. We turned it down until we were mostly heard acoustically....during our 1st break we noticed to police officers come in through the tiki bar and go straight to the kitchen at which point they brought out the manager and escorted him to the parking lot, frisked him and put him in the back seat and drove away.....now, if they had gone through all the steps neccessary, we didn't know about it.....all I know is that we lost income, the employees lost income, and there were some pretty dissappointed people there. (and by the way, none of them were drunk, disorderly, or otherwise.)
First, I'd like to point out to someone else that according to the Grayton Beach Noise Ordinance, loud, obnoxious drunks aren't included in this particular noise ordinance. Those sounds included are noted below.
ARTICLE V. NOISE
DIVISION 1. GENERALLY
Secs. 9-131--9-135. Reserved.
DIVISION 2. GRAYTON BEACH
Sec. 9-137. Definitions.
Plainly audible means any sound or noise produced or reproduced by a radio, tape player, television, electronic audio equipment, musical instrument, sound amplifier or other mechanical or electronic soundmaking device, that can be heard by a person using normal hearing faculties, at a distance of 100 feet or more from the real property line of the source of the sound or noise.
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Weatabix,
Sounds like you are one of the musicians playing that night, and it sounds like your duo was not warned by law enforcement.
Sec. 9-140. Violation procedures. (a) Complaint procedures; warnings.
(1) When a complaint is received, the law enforcement officer or designated county official shall promptly investigate the charges. The person making the compliant will not be required to identify himself/herself and may remain anonymous.
(2) When a law enforcement officer or designated county official determines that the sound emanating from a piece of property is in violation of section 9-138 of this division, the official shall issue an official warning to (1) the person or persons responsible for compliance with this division and (2) the person or persons making the actual sound. The warning shall state the violation, shall advise the offenders to cease and desist the violation, and shall advise of the possible penalty if the person or persons fail to eliminate the sound or reduce the sound so that it is within permitted limits and is not plainly audible.
(3) The person or persons receiving the warning shall have five minutes to comply with the warning.
(4) A warning issued under subsection (a)(2) is valid for a period of 30 days, and such warning shall remain in effect against the offending person or persons for the same or similar type violations for a period of 30 days.
(b) Arrest; termination of offending sound.
(1) If the sound is not eliminated or reduced to allowable limits within five minutes after the warning, or if the noise or sound is abated after warning and then reoccurs within 30 days, the person so warned and not complying shall be arrested for a violation of this division and upon conviction shall be subject to the penalties designated in section 9-141.
(2) If an arrest is made, the law enforcement officer or designated county official shall have the power and authority to immediately terminate the cause of the offending sound, including prohibiting any further sound from musical instruments or mechanical or electronic soundmaking devices or equipment for a period of 24 hours.
(c) Joint and several responsibility. The owner of the business, tenant or lessee of property, or a manager, overseer or agent, or any other person lawfully entitled to posses the property or manage the business premises from which the offending sound is emitted at the time the offending sound is emitted shall be jointly and severally liable for compliance with this division and each shall be punished for its volition as shall the person or persons actually causing such sound. It shall not be a lawful defense to assert that some other person caused the sound. The lawful possessor, manager or operator of the premises shall be responsible for operating or maintaining the premises in compliance with this division shall be applied to such person or persons as well as to the person or persons actually causing the sound.
(Ord. No. 96-15, ? 5, 6-24-96)
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I'm no lawyer, and don't pretend to be one, but my understanding of the English language and the Walton County Ordinances (shown in bold and underline above), requires both the owner/management to be warned AND the person or persons making the "noise" to be warned. There is much difference between the words, "or" and "and." It seems to me that if the band wasn't also warned, they should not be able to arrest either party for the violation. What do you other non-lawyers think?
One other note regarding this last note in the Ordinance:
Sec. 9-142. Judicial construction. No provision of this noise ordinance shall be construed to impair any common law or statutory cause of action, or legal remedy therefrom. If any provision of this noise ordinance is held to be unconstitutional, preempted by federal or state law, or otherwise invalid by any court of competent jurisdiction, the remaining provisions of the noise ordinance shall not be invalidated.
(Ord. No. 96-15, ? 7, 6-24-96)
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Shouldn't the 1st Amendment to the US Constitution supersede this Ordinance?
Amendment 1: Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.