News

By Tim Pallesen  
    
Nights will be quieter in east Delray than in the downtown under the city’s new noise ordinance approved by commissioners on Aug. 20.
    The new law allows outdoor music until midnight on weeknights and until 1 a.m. on weekends along Atlantic Avenue from Federal Highway west to Swinton Avenue.
    But nightclubs and restaurants east of Federal must turn down the music after 11 p.m. seven nights a week.
    Tough new penalties will kick in for violations after those hours. Any sound that is plainly audible from 100 feet away can result in a conviction by the Code Enforcement Board, with fines that rise to $15,000 for five convictions in one year.
    “The fines are draconian,” protested Nick Nicholas, the co-owner of Johnnie Brown’s nightclub. “Either they cost you thousands of dollars or they put you out of business.”
    Commissioners were split on whether to allow the later hours for downtown nightclubs.
    “I have a problem linking loud outdoor music beyond midnight to the success of the downtown,” Mayor Cary Glickstein said.
    Commissioner Shelly Petrolia urged the others to consider the impact of late-night music upon residents who live near Atlantic Avenue.“Many have been there for 30 years. It’s our job to protect them,” Petrolia said. “I wouldn’t want to live next to raucous music until 1 a.m. on weekends.”
    Nicholas countered that the residents were being unfair.
    “People who live near a successful downtown know we have noise,” he said. “When I bought Johnnie Brown’s, I never believed it would be a problem to have bands there.”    
    Commissioners Angeleta Gray, Al Jacquet and Adam Frankel finally joined to vote 3-2 for the later downtown hours. Glickstein and Petrolia were opposed.
    “We don’t want to put anyone out of business,” Gray said.
    City police also will continue to issue civil citations for any noise that they believe is unreasonably loud, excessive or unnecessary anywhere in the city at any time of day. The citation, which doesn’t require a Code Enforcement Board hearing, carries a $250 fine.