Kissimmee Commission takes up noise ordinance again Tuesday

After a spirited July 1 discussion that included members of the public— many with skin in the game in downtown Kissimmee— city leaders are scheduled to reconsider changes to its noise ordinance at Tuesday’s 6 p.m. City Commission meeting in the City Hall chambers.

Led by a motion from Mayor Jackie Espinosa, action on any changes was tabled to next week, as she said the board “wasn’t ready” to make a decision on it. “This is a contentious topic. This is a divided room. We want to be fair to everyone,” the mayor, who also operates a downtown restaurant and night spot, said. “Our complete objective here is to have successful businesses that are following the rules. Some of us have had to grow their businesses from the ground up, including me.”

Operationally, the ordinance currently allows for noise levels of 85 decibels (about the sound of music playing through speakers loud enough for a moderatelysized group to clearly hear it) until midnight, when the drops to 75 decibels until 7 a.m.

Citations can be issued under the original ordinance, passed in February 2023 after the city logged over 2,000 noise complaints in a year, to noisy cars in parking lots, garages or on private property. But some who spoke at the last meeting— and at other times when the topic’s come up—said that it isn’t enforced enough, or it’s done selectively. Car exhaust systems and loud stereos have been named as the principal problems in downtown, and large, late parties in residential areas.

The fine structure starts at $50 for a first offense outside the downtown district up to $500 for a fourth violation within a year, and $250 for a first one and $500 for all subsequent violations within a year in downtown. Repeated violations could be transferred to a code enforcement violation, which could result in a fine of up to $15,000.

A representative from the City Center development said residents hear loud music as late at 2-3 a.m. Ray Parsons, who lives and owns establishments in downtown, noted seeing both sides of the argument.

“I’ve seen and heard a big difference downtown (since the ordinance was enacted),” he said. “But this enforcement piece could encourage competing businesses to turn each other in, if the city also wants to tie in repeat offenses to suspension of an establishment’s liquor license.”

As part of recommended changes, the enforcement tool would go from noise meters until 10 p.m. to “plainly audible”, and outdoor speakers would not be allowed. But, as Commissioner Janette Martinez said, some merchants started and bought into businesses under old rules.

“Some establishments have permitted outdoor components,” she said.

But Commissioner Angela Eady said having a tougher sound ordinance is “the right thing to do” for the city proper.

“I hear complaints from the hospital, which is a half-mile away,” she said. “We have to do something.”

Deputy City Manager Austin Blake, who presented the proposed updates at the July 1 meeting, indicated the city would use the time between meetings to reach out to those businesses, provide ordinance update information, and gather more input for the Commission.