Cocoa Beach passes new noise ordinance some fear could harm downtown businesses

COCOA BEACH, Fla. - The City of Cocoa Beach has just decided, people need to quiet down. A new ordinance cracks down on how loud people can be and when, and it places hefty fines in place for violators.

The new ordinance says people and businesses need to quiet down by 11 p.m. on Fridays and Saturdays and by 9 p.m. during the week.

Tina Rust, who lives in Cocoa Beach, says she asked around on social media about whether people were bothered by loud music in the evenings. She says people told her they were bothered by things like garbage trucks, construction noise, and lawn services in the mornings, but not music at night. 

She’s against the ordinance.

"I just feel like it’s going to impact the local service workers because I know it’s going to impact what they make," said Rust. "I don’t like the music, I don’t like the dancing, but I like that there’s something for the young people to do."

During the day, the new ordinance says you can get fined if people can hear you 500 feet away. That’s about a tenth of a mile. 

At night, the rule drops to 100 feet. That’s something Cocoa Beach resident Jenny Burris says she supports.

"The music is so loud that I can be in my living room watching television, and we have to turn the volume way up on the tv because the music is so loud," said Burris. "That’s how bad it is"

The Cocoa Beach Police Department says it’s issued three noise ordinance violations in total: two on April 7th, and one on April 20th, each to different businesses. 

Area 142 was one of the businesses cited. A lot of the discussion at the meeting centered around that bar, which hosts live music that some people find too loud.

The owner and his lawyer were there for Thursday night’s vote.

"Mr. Rose has no problem complying with the ordinance," said Area 142 attorney Brynn Brito. "What I feel bad for is for the other businesses and the citizens of Cocoa Beach where this is going to impact their businesses, and it’s going to create a chilling effect to other businesses downtown."

The fine for the old ordinance was 25 bucks. Now, first-time violators get hit with a $250 ticket.

For the next violation, that fee ramps up to $500, and it could go up to $1,000 after that.

A couple of speakers at the meeting brought up that the language of the ordinance could open them up to lawsuits.

Here’s Mayor Ben Malik’s response to that:

"Just a side note, our new City Attorney, all litigation is included in her fees, so go ahead – bring it on."

The ordinance passed 4-1. Seat 3 Commissioner Karalyn Woulas voted against it, saying she wanted to put more thought and discussion into the language. Seat 2 Commissioner Keith Capizzi voted yes, but with a deep sigh and only after having expressed opposition to the ordinance.

It’s effective immediately.