Sneads may ban amplified music

Sneads town council members are once again trying something new to deal with the town’s ongoing problem of noise issues with the local bar.
For months, residents have complained about noise levels from the Landing Bar and Grille, owned by Jason Milsapp. Although the complaints are decreasing as Milsapp tries to work with the town and the residents, council members want to make sure they can do something about it if the progress stops.
During the last council meeting on Sept. 28, town attorney Guy Green brought the council more options to control the noise coming from the bar. A state statue allows the town to regulate entertainment at any establishment serving alcohol. Green suggested crafting an ordinance prohibiting live music, the thing that has generated most of the complaints.
On Tuesday, during the town’s regular council meeting, Green presented a draft of the ordinance.
The proposed ordinance bans “amplified live music” at any establishment serving alcohol.
“That is the least restrictive that may correct it,” Green said.
Some council members want to make sure the ordinance will be enforceable.
As the town has grappled with the issue, which including passing a noise ordinance, council members were told by Green the state attorney’s office would not prosecute any municipal ordinance violations. Council members asked why.
At Tuesday’s meeting, Jackson County Chief Assistant State Attorney Greg Wilson explained.
“The state attorney’s office handles all criminal cases,” Wilson said.
A municipal ordinance violation is not considered a criminal offense. For any prosecution of an ordinance violation, the municipality would have to provide attorneys and cover all court costs.
Wilson stated many ordinances are based on state statues and violators can be prosecuted using the state statue. Some had hoped this avenue would provide relief from the noise problem, by prosecuting for disturbing the peace. Wilson explained that since it was a business, noise does not constitute a breach of peace.
“It is too broad and can be enforced arbitrarily,” Wilson said.
Wilson said the town did have options. The town could pass an ordinance like the one it is now considering. The town could then contract with the state attorney’s office, which would handle prosecutions, at a charge of $50 an hour. Wilson said many municipalities, including Panama City, have chosen this option.
“We would be happy to be at your disposal,” Wilson said.
Green urged the town to approve a contract with the state attorney’s office.
“It is a whole lot cheaper than I charge. It is a good deal. I think we should try it. If we don’t like it then we can terminate it,” Green said.
Council members agreed. Wilson said the contract would start immediately, but the state attorney’s office would have to review all existing town ordinances to ensure they meet constitutional muster and are enforceable.
As for the entertainment ordinance, the town will have a public hearing on it next month. Council members have previous stated they hope they don’t have to enforce the ordinance, but need a tool in case the noise problem continues.