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Dave Rauschkolb

Beach Fanatic
Jul 13, 2005
1,006
790
Santa Rosa Beach
NWFL Daily News GUEST COLUMN: Let's work together to manage South Walton noise



By Dave Rauschkolb | Special to the Daily News
Posted Nov 5, 2017 at 8:00 AM



We recently spent a week in Nashville. It’s a wonderful place to visit; we will go back. Many homes in the community where we stayed were full of Airbnb and VRBO rental guests.

One thing struck me. There we were in the Music City, yet it was one of the quietest places I’ve been to. I was struck by the distinct lack of sound from my neighbors who were renting near us. Even at the bars and restaurants downtown the sound was not too loud. I looked up Nashville’s sound ordinance and it’s rock solid, which is evident from what I could hear. We all deeply love live entertainment, but there’s a huge difference between the right volume with live entertainment vs. it spilling into the community, where some people may be disturbed.

As 30A has grown, so has the noise. Having been the target at Bud & Alley’s years ago with a handful of people concerned about our live entertainment, I experienced both sides of the resident/business owner fence on this issue.

In response to the complaints I spent nearly $40,000 to upgrade our sound system, and at the request of my landlord I had to stop hosting regular live entertainment after dark. The Red Bar had similar issues and responded to the community by containing its noise and the hours of entertainment. AJ’s by design is self-contained and insulated, so sound can’t be heard from outside the building. All this was prior to the Walton County noise ordinance, but every local business responded appropriately to the wishes of the community.

Ironically, where we live in WaterSound we have had to call security on several occasions when nearby renters were partying loudly and we could hear more than just the sound of the water. The preferred remedy is to call security in your community, or the Sheriff’s Office, when noise gets out of hand, rather than engage the offender.

When The Hub opened and they started hosting live entertainment, I was relieved that the strict 10 o’clock rule came into effect with live bands as The Hub is within earshot of our home. We love going to The Hub and the ownership and management have done an outstanding job of responding to the community. They have never given me a reason to complain about noise.

With loud weddings in massive rental houses, loud outdoor music at restaurants, bands in outdoor town center venues and the madness of spring break, noise is often a problem. I think we can all breath a sigh of relief now that Walton County is strictly enforcing the noise ordinance, ensuring all live outdoor music must cease at 10 p.m. and responding to complaints from nearby residents about these venues. Living next to one of them can be a cause for concern, but the noise ordinance is a valuable tool. The important thing is that locals and visitors alike learn what the county noise ordinance rules are and how to lodge a complaint. As a community we should have a low tolerance for loud renters and all live music venues that disregard the noise ordinance.

As I said, having been on both sides of the issue, I must admit I am among the converted when it comes to noise and the need for civility and our right to enjoy peace and quiet in our communities and towns along 30A. From loud noise to not digging turtle holes or not driving golf carts on the bike path, noise is one of many issues that we all need to work together on to politely educate our visitors.

We as locals, along with rental agencies, the county, the TDC and law enforcement, all need to work together to educate renters, restaurants and bars about the Walton County noise ordinance to ensure our right to peace and quiet, and the quality of life we have come to expect here.

If the Music City can do it, we certainly can.

Here is a link to the Walton County noise ordinance: https://www.co.walton.fl.us/DocumentCenter/View/1367

This guest column was written by Dave Rauschkolb, who is a 31-year business owner and resident of South Walton.
 

Truman

Beach Fanatic
Apr 3, 2009
650
270
Thanks Dave - let's keep SoWal charming!

Noise, litter, sign and light pollution, utilities, etc are all increasing as we grow. It's not that hard to keep our community sweet but it does take attention to details and pressure on government, developers, utility companies, and homeowners.
 

John G

Beach Fanatic
Jul 16, 2014
1,803
553
Thanks for putting in the necessary work at your property.

Do you know of any specific examples of Walton County actually Enforcing the Noise Ordinance?

Perhaps they can release some stats the show their 180* turnaround...
 

jordana405

Beach Crab
Mar 5, 2014
4
6
Dave –

Unfortunately I cannot agree with you on this subject for my experience the last 9 months is that the county (Planning, Code Enforcement and the Walton County Sheriff’s Office) can do/will do little to protect the rights of residents to enjoy a peaceful existence within their home. Noise ordinance or not.

I personally don’t feel that live outdoor music ceasing by 10pm is a standard for civility especially when one’s home is 400 feet away from the source and house windows vibrate due to the base noise up to that bewitching hour. In that we are growing so rapidly here in SoWal, to protect all residents the zoning rules and noise ordinance needs to be reviewed especially with regard to the “limited outdoor entertainment” restaurants are allowed within Village Mixed Use areas.

Recently I have discovered that in October 2013 our then Planning Director Wayne Dyess defined "limited outdoor entertainment" to mean amplified music until 10pm and this standard is in place today. All of us who are property owners do our due diligence when purchasing a property and we are falsely led to a belief that "limited outdoor entertainment" means limited and not amplified music and certainly not to 10PM. Our current code and drafts of future code still use the words, "limited outdoor entertainment" for most all Mixed Use zoning.


In 2013 Bill Brakenbill who was the President of the Town Center East Neighborhood Association made an eloquent argument against this planning definition to the Zoning Board of Adjustments but unfortunately lost. All of his arguments still hold up today! This definition affects the 75% of residents who live within these designations or adjacent to these designations. We need to make the public aware that they could be living adjacent to a venue that allows unrestricted outdoor music until 10pm with no recourse.


In an attempt to turn my lemons into lemonade I have asked Kristen Shell who is leading the county effort to revising the land development code to change the wording of “limited outdoor entertainment” to that which it is, unrestricted amplified music up to 10pm. As for me, in order to live a peaceful existence within my home, I must sell my lovely abode and move to a residential location that is nowhere near a mixed use zone. After 9 months, 17 calls to dispatch 5 “in home” visits from WCSO I’ve learned my lessons which are that the county will support business’ rights over resident’s rights and that when WCSO Standard Operating Procedure allows for officer "discretion", that is code for do nothing.

Sorry, but I don't think Peace and Quiet is possible with the current zoning, noise ordinances and enforcement in place. But, there is always hope for the future once it gets bad enough and people mandate pro-active change.
 

John G

Beach Fanatic
Jul 16, 2014
1,803
553
"After 9 months, 17 calls to dispatch 5 “in home” visits from WCSO I’ve learned my lessons which are that the county will support business’ rights over resident’s rights and that when WCSO Standard Operating Procedure allows for officer "discretion", that is code for do nothing."

Welcome to SoWal and the WCSO excuse process...
 

Dave Rauschkolb

Beach Fanatic
Jul 13, 2005
1,006
790
Santa Rosa Beach
Dave –

Unfortunately I cannot agree with you on this subject for my experience the last 9 months is that the county (Planning, Code Enforcement and the Walton County Sheriff’s Office) can do/will do little to protect the rights of residents to enjoy a peaceful existence within their home. Noise ordinance or not.

I personally don’t feel that live outdoor music ceasing by 10pm is a standard for civility especially when one’s home is 400 feet away from the source and house windows vibrate due to the base noise up to that bewitching hour. In that we are growing so rapidly here in SoWal, to protect all residents the zoning rules and noise ordinance needs to be reviewed especially with regard to the “limited outdoor entertainment” restaurants are allowed within Village Mixed Use areas.

Recently I have discovered that in October 2013 our then Planning Director Wayne Dyess defined "limited outdoor entertainment" to mean amplified music until 10pm and this standard is in place today. All of us who are property owners do our due diligence when purchasing a property and we are falsely led to a belief that "limited outdoor entertainment" means limited and not amplified music and certainly not to 10PM. Our current code and drafts of future code still use the words, "limited outdoor entertainment" for most all Mixed Use zoning.


In 2013 Bill Brakenbill who was the President of the Town Center East Neighborhood Association made an eloquent argument against this planning definition to the Zoning Board of Adjustments but unfortunately lost. All of his arguments still hold up today! This definition affects the 75% of residents who live within these designations or adjacent to these designations. We need to make the public aware that they could be living adjacent to a venue that allows unrestricted outdoor music until 10pm with no recourse.


In an attempt to turn my lemons into lemonade I have asked Kristen Shell who is leading the county effort to revising the land development code to change the wording of “limited outdoor entertainment” to that which it is, unrestricted amplified music up to 10pm. As for me, in order to live a peaceful existence within my home, I must sell my lovely abode and move to a residential location that is nowhere near a mixed use zone. After 9 months, 17 calls to dispatch 5 “in home” visits from WCSO I’ve learned my lessons which are that the county will support business’ rights over resident’s rights and that when WCSO Standard Operating Procedure allows for officer "discretion", that is code for do nothing.

Sorry, but I don't think Peace and Quiet is possible with the current zoning, noise ordinances and enforcement in place. But, there is always hope for the future once it gets bad enough and people mandate pro-active change.


Thank you for your comments Jordana,

I wrote this article specifically to get people involved and talking about this issue. I wanted people to be aware that there is an ordinance, read it and learn the process for filing a complaint and how other communities have dealt with it. There is no question that lack of enforcement is a common complaint here.

There are a lot of outdoor music venues with Rosemary, Seaside, Watercolor, Aly's, the Hub. Now I've heard the FloraBama folks have taken over the town center stage in Gulf Place and are opening an amplified live entertainment venue/restaurant, Shump Gulley. I'm sure they will be good neighbors but all of these places as well as any restaurant hosting amplified, live entertainment have a potential to disturb the peace; it really should be simple. Play by the rules, be respectful to peace and quiet and everyone is happy. In that scenario business thrives and the community embraces you. Not so much if you disturb the peace in a residential area.

One of the largest complaints come from monster houses with crowds of 30 or more just being loud or wedding venues. I just think we have to try to get ahead of this and tighten the rules and demand enforcement. I would think the Sheriff would support a low tolerance for noise and would also support tightening the rules. Education is the key so everyone, venues, restaurants, rental companies, locals and tourists all know the rules so everyone can work together to enforce and comply with the rules.

This wheel has been invented in other communities, we just have a very low tolerance and stop noisemakers in their tracks. Don't get me wrong, I love live entertainment but there has to be a balance struck that works for everyone. People should be able to enjoy themselves in the privacy of their own home but when it affects the neighbors that is just plain wrong. It boils down to respect really.
 
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Dave Rauschkolb

Beach Fanatic
Jul 13, 2005
1,006
790
Santa Rosa Beach
I read an article once where community members picketed the business in the right of way; that was the turning point.

"After 9 months, 17 calls to dispatch 5 “in home” visits from WCSO I’ve learned my lessons which are that the county will support business’ rights over resident’s rights and that when WCSO Standard Operating Procedure allows for officer "discretion", that is code for do nothing."

Welcome to SoWal and the WCSO excuse process...
 
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