Pandora's gets shut down at 9:30 due to Coconut Radio's "loud music"....

Discussion in 'Music and Nightlife' started by weatabix, Apr 26, 2009.

  1. Smiling JOe

    Smiling JOe SoWal Expert

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    Regarding that proposed ordinance, it seems to me that no tennis will be allowed after 10pm. I can hear tennis balls bouncing off rackets from distances much greater than 50ft.

    Since everyone hears at different levels, I think enforcement of this ordinance wouldn't hold up in a Court.

    Under "definitions," this is about as clear as mud: "Noise shall mean any sounds or vibrations which annoy or disturb humans or cause or tend to cause adverse psychological effects on humans, and which may be harmful or injurious to the health or welfare of a reasonable person with normal sensibilities or unreasonably interfere with the normal conduct of life, use of property, or outdoor recreation."

    I'm totally confused, especially by the last part. Is this trying to say that outdoor recreation is exempt, or that I should be able to enjoy outdoor recreation without noise, or something else all together? Does this mean that I can legally play tennis after 10pm if someone can hear the stings hitting the ball from a distance greater than 50ft?

    Again, all of the Court rulings which I've read regarding similar ordinances, rule in favor of the person(s) whom made the noise, because there is no precise measurement of noise recorded, thereby making the detection very unique per instance, depending on the officer's hearing who is responding to the complaint. The County can save some more money if they just googled the other cases. Also, are the officers going to get a survey of the subject property and use a tape measure to find the 50ft or more definition? Without a survey, how are they to know the property's boundary?

    I have no clue about the "enclosed" house part of the proposed ordinance? Does this mean if one window is open, the Oridinance would not be enforced? What is the intent of this section?
    It is still my non-legal opinion that the anonymity of the person reporting the incident is unConstituional. I think the language of the Founding Documents is fairly clear for all to understand.

    One last note regarding the following exemption from the Ordinance:
    "
    The unamplified human voice."

    If this is true that the unamplified human voice is exempt, how is that fair? It seems to me that noise is noise, and it should make no difference in the types of noise, if the Ordinance is to be applied equally to all people. That in itself sounds unConstitutional to me. (what do I know? I'm not an attorney.) I think more people need to learn their protected rights, granted to us by the US Constitution and Bill of Rights.
     
  2. sunspotbaby

    sunspotbaby SoWal Insider

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    I have a problem with the "within 30 days" part. So, if a complaint is made, a warning given, the noise reduced or eliminated within 5 minutes, then 2 weeks later, another complaint on the same noise, then an arrest? The warning is valid for 30 days?

    Sorry, I don't think a noise complaint justifies an arrest. Maybe a ticket, but not an arrest, IMO.

    Also, is the complainant not required to identify himself? Even to the reporting officer? :dunno:
     
  3. incredible1

    incredible1 Beach Lover

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    Give 30atelevision a call too
     
  4. the steenos

    the steenos Beach Lover

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    Public hearings

    I also contacted the government and per Jason Catalano, Commisioner's Aide he said the best way to get involved was to attend the 2 public hearings required before this passes and bring concerns to the board. The next meeting is May 11th at 4PM in the South Walton Annex. That is the Monday after next.
     
  5. Groovegirls

    Groovegirls Beach Fanatic

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    I never did get a clear answer but it sounds like the complaintant does have to give their name but it can be kept from the public. I think that in certain cases the name can be revealed but, as I said, I did not yet get a clear answer on this. We need a way to distinguish legitimate complaints. Just to be clear, I have no problem with any one who has a legitimate complaint. Not knowing the source of the complaint makes it that much harder to find a compromise. Let's face it. People are going to jail and there is no clear rememdy. Even if we adopt a perfect noise ordinance, disturbing the peace is still a great big catch all that can put people in jail.
     
  6. wrobert

    wrobert Beach Fanatic

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    You guys better get busy cause one commissioner told me today they were pretty sure they would be voting in favor.
     
  7. Smiling JOe

    Smiling JOe SoWal Expert

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    The clear answer is found in the Founding Documents of our Country. It is very clear that a county does not have the authority to over-ride the US Constitution and the Bill of Rights. Amendment 6 in the Bill of Rights states:

    "In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district where in the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence."

    (Violation of the noise ordinance is a criminal act, according to the proposed Ordinance:

    Section 9-143. Penalties.
    a. All violations of this Ordinance shall be investigated, cited, processed, adjudicated and punished in the same manner as a misdemeanor, in accordance with F.S. ?125.69. Upon conviction, a violator may be punished by a fine not to exceed $500.00 or by imprisonment in the county jail not to exceed 60 days, or by both fine and imprisonment, for each violation.)

    I'm not sure how the people who write these county ordinances skip the basics of the US Constitution and Bill of Rights. I bet they flunked US History and US Gov't classes in high school. I'd also bet they cheated by copying other people's papers, because they sure seem to be simply copying other Counties' ordinances. WAKE UP, America!
     
  8. rheffron

    rheffron Beach Fanatic

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    Has someone asked the county/court for that person's name?
     
  9. robertsondavies

    robertsondavies Beach Fanatic

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    Surprising to me that you think the Sun is the best source for real news - I have found that the posts on this board to be more timely, and more pithy -
    Not that the Sun is that bad as community papers go - more and more however, community papers are places to sell ads to the folks that still read them for news, a dwindling but meaningfully sized lot.
     
  10. wrobert

    wrobert Beach Fanatic

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    Personally, I find it to be lacking in credibility based on my experience. But at least they present another side of things. Since Chilcutt is still recovering from his accident I have to use what little is available.

    What I really do not understand is that this ordinance is going to be passed (hope not), for the main reason of dealing with a very small handful of offenders, not all of which are musicians. Then the whole county is going to be subject to another ordinance that is going to be selectively enforced, when we have laws on the books today that could solve all of this, if it can be solved.
     
  11. weatabix

    weatabix Beach Lover

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    Guess Pandora's can bring in a slamming full band once every 30 days.....The complaintant will not have grounds to call the police if the smaller bands are playing......Just a thought.....
     
  12. Cactus Jack

    Cactus Jack Beach Lover

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    Well I guess that means if a local auditions for American idol, they better not make the top 3,of this gets passed LOL
     
  13. JChan

    JChan Beach Comber

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    You are wrong on some things That manager is not that young he has chilled it down alot since he took it over last spring. And it is manly one person that is calling and complaing I want say that person's name. And they got alot of complaints that gator from blue Orleans before he lost that so you need to get your facts togather before you go and dog a place. And it would be good for the community if we could just get people like you to just move so us locals can enjoy ourselves. With out being scared of not being able to have fun with out the cops showing up.
     
  14. wrobert

    wrobert Beach Fanatic

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    Us locals are the ones that got all of these crazy laws put on the books. So why should us locals not have to abide by them?
     
  15. weatabix

    weatabix Beach Lover

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    Hey everyone, we will be there tomorrow along with many others to hopefully voice our opinions or at the very least show solidarity......Steve and I have written a song inspired by this situation and want to give it as a gift to all that support the live music scene......Please visit at myspace.com/coconutradioband....it is ironic that while playing this song at Pandora's friday night, the police showed up and sat in the parking lot......Hope they liked it! At any rate, please show up to the meeting at 4p and show your support.....And, thank you for all the involvement you have shown concerning this issue. On behalf of all the musicians, we appreciate you!!
    As stated in Merriam-Webster's Online Dictionary: de?moc?ra?cy 1 a: government by the people ; especially : rule of the majority b: a government in which the supreme power is vested in the people and exercised by them directly or indirectly through a system of representation usually involving periodically held free elections
     
  16. wrobert

    wrobert Beach Fanatic

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    I guess this would mean something except nothing in this country in the way of government is ruled by a democracy as a form of government. Once that basic tenet of society is realized, then you can come up with a political strategy to get things done.
     
  17. Groovegirls

    Groovegirls Beach Fanatic

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    See you all there!
     
  18. georgiapeach

    georgiapeach Beach Lover

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    Noise Ordinance

    This noise ordinance is totally ridiculous. This is why everyone leaves Walton County to spend their money in Okaloosa and Bay Counties because of this ridiculous antiquated "ordinance". This is a resort community and if people can't get what they are looking for in the form of entertainment, they will quit coming, staying and spending their money. Music soothes the soul and sells the liquor (and food)! I was at a local sports bar recently on 98 listening to a rock/blues band playing and the Walton County Sheriff Deputy came in and threatened to take the owner (a woman) to jail if the band didn't shut down. It was 11:00 on a Sat. night. It ruined everyone's night, not to mention the business it cost the bar owners. Shame on you people. COMMISSIONER'S...WAKE UP.
     
    Last edited: May 11, 2009
  19. Beanstalk

    Beanstalk Beach Lover

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    Something to Think About


    I thought we Pledged Allegiance to "The Republic",:yikes:

    re⋅pub⋅lic

    [​IMG] /rɪˈpʌb[​IMG]lɪk/ [​IMG] Show Spelled Pronunciation [ri-puhb-lik] [​IMG] Show IPA –noun 1.a state in which the supreme power rests in the body of citizens entitled to vote and is exercised by representatives chosen directly or indirectly by them.2.any body of persons viewed as a commonwealth.3.a state in which the head of government is not a monarch or other hereditary head of state.4.(initial capital letter[​IMG]) any of the five periods of republican government in France. Compare First Republic, Second Republic, Third Republic, Fourth Republic, Fifth Republic.5.(initial capital letter, italics[​IMG]) a philosophical dialogue (4th century b.c.) by Plato dealing with the composition and structure of the ideal state.

    Origin:
    1595–1605; < F r?publique, MF < L rēs pūblica, equiv. to rēs thing, entity + pūblica public [​IMG]


    The Pledge of Allegiance

    The Pledge of Allegiance was written in August 1892 by the socialist minister Francis Bellamy (1855-1931). It was originally published in The Youth's Companion on September 8, 1892. Bellamy had hoped that the pledge would be used by citizens in any country.
    In its original form it read:
    "I pledge allegiance to my Flag and the Republic for which it stands, one nation, indivisible, with liberty and justice for all."
    In 1923, the words, "the Flag of the United States of America" were added. At this time it read:
    "I pledge allegiance to the Flag of the United States of America and to the Republic for which it stands, one nation, indivisible, with liberty and justice for all."
    In 1954, in response to the Communist threat of the times, President Eisenhower encouraged Congress to add the words "under God," creating the 31-word pledge we say today. Bellamy's daughter objected to this alteration. Today it reads:
    "I pledge allegiance to the flag of the United States of America and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all."
    Section 4 of the Flag Code states:
    The Pledge of Allegiance to the Flag: "I pledge allegiance to the Flag of the United States of America, and to the Republic for which it stands, one Nation under God, indivisible, with liberty and justice for all.", should be rendered by standing at attention facing the flag with the right hand over the heart. When not in uniform men should remove any non-religious headdress with their right hand and hold it at the left shoulder, the hand being over the heart. Persons in uniform should remain silent, face the flag, and render the military salute."

     
    Last edited: May 12, 2009
  20. John R

    John R needs to get out more

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    there you go, pissing in the soup again.
     

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