Delray Beach weighing noise ordinance that gives officers discretion in doling out fines

Neighbors angry over Atlantic Ave. noise

With success comes noise.

At least that's what Delray Beach is finding.

Residents are finding that out too, and some showed anger tonight as the city debates a new noise ordinance.

They're running smack into resistance from business owners who warn not to tamper with their recipe for success.

"We didn't realize how bad it was going to be before we moved here," said Matthew Fiorello.

He lives in Worthing Place, above three restaurants and a nightclub.

"My brother was here in the guest room, and he had to leave it was so loud," said Fiorello.

Delray Beach is trying. 

Their old noise ordinance was thrown out by courts last year because parts were too vague. 

The public weighed in tonight .

"She can't sleep!" said Theodore Ferguson, of his wife.

"I don't see how you can write one ordinance that is going to satisfy everyone," said Nick Nicholas, the owner of Johnnie Browns.

A proposed new ordinance would allow police officers to decide whether noise could be heard 100 feet away from the source after 11 on weeknights or after 1 a.m. on weekends, too much noise could get you slapped with a  xxx fine for a first offense.

The owner of Johnnie Browns doesn't like it.

"You either allow live music or you don't allow live music," he said.

Resident Barry Tunick tried his own fix.

"We needed some relief, so we invested in sound-proof windows," said Barry.

But he says it's not enough.

"We can repeat every word of every song that's being played," said Tunick.

And he says, whether commissioners adopt the new ordinance in the coming weeks or not,  he's moving.

Delray Beach's city commission has not said when they will vote on the new proposal.

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