TRYING TO CRAFT CITY LAWS TO SOLVE PROBLEMS THAT MAY BE VIRTUALLY UNSOLVABLE

Over the almost two decades that I wrote Page One Commentaries for Key West The Newspaper, I was often critical of the “just pass another law” mentality of the various generations of mayors and city commissioners. In addition to the question of whether or not a new law was needed, it also seemed that laws were often passed that were not well thought out (gasp!) and, perhaps, didn’t really focus on the problem that lawmakers were supposedly trying to solve. But having said that, the most interesting law-related news stories and commentaries we published over the years were stories about the city commission debating the passage of laws to try to solve problems that may be virtually unsolvable. Two random examples: Loud music on Duval Street and the shortage of residential parking in Old Town.

If you don’t live in Old Town, parking in that area is probably not much of a problem for you. And if you don’t live near Duval Street, loud music on Duval Street is probably not a problem for you. But if you do live in Old Town, parking is maybe even a serious problem for you. And if you do live near Duval Street, loud music may be a serious threat to your peace and happiness. We should give our law-makers some credit for at least trying to address these problems. And we should also recognize that, if they have looked bumbling and stumbling in the process, it isn’t necessarily their fault. They were simply trying to solve problems that may be virtually unsolvable. 

RESIDENTIAL PARKING IN OLD TOWN

Parking is a problem in most areas of Old Town. That’s just the way it is. There are simply not enough parking spaces for residents, employees who work in the area, as well as tourists staying at guest houses or who are just trying to find a free place to park to see the sights or patronize Old Town restaurants and shops. If you live in Old Town and you don’t have a driveway, you may have to park blocks away. And since residents vote, the residential parking problem has usually been the parking problem that has most often been addressed by the city commission.

Several years ago, the idea of dedicated parking spaces for Old Town residents was proposed– and, as you might imagine– was applauded by Old Town residents. But like may local laws proposed to try to solve a problem, it was debated and compromised literally to the point of meaninglessness. Initially, the idea was to dedicate and mark parking spaces for use by Old Town residents only. “Parking by permit only” street signs would also be erected. Then, residents who could document their Old Town addresses would get stickers for their vehicles. And in theory, the law would be strictly enforced and vehicles without stickers found parked in the dedicated spaces would be ticketed. You may or may not agree that such a plan may have worked to some degree in terms of making it easier for Old Town residents to park close to home. BUT IS WAS NEVER GIVEN THE CHANCE TO WORK!

Even before the flood of compromises diluted the program, it had lots of potential problems. The “Residential Parking” restriction painted on the pavement would eventually wear thin and become unreadable. Also, that painted restriction would often be covered up with leaves and other street debris. And what about “residents” from other parts of town parking there? Tourists and other non-residents might not even notice (or understand) the “Parking by Permit Only” street signs or the signs on the pavement and, even if they did, many would simply ignore them. And in most cases, they would get away with it because those who were supposed to be enforcing the law would probably not do much of that.

In the end, all of that came to pass. Right up front, the term “resident” was defined as anyone with a Monroe County license plate on his or her vehicle– so no sticker was required. Are you kidding me?! Remember that the purpose of the law was to help (even against all odds) Old Town residents find parking places reasonably close to where they live. The version of the law that passed, however, authorized residents from throughout the Keys to drive down and legally park in the residential parking places in Old Town– not to mention New Town residents. Also, members of the military and seasonal residents can apply for stickers authorizing use of the residential parking spaces– not necessarily bad exemptions to the law but, all the same, adding more vehicles authorized to park in residential parking places in Old Town.

So, since the law went into effectg, not much has changed in Old Town. The law is not working. Many Old Town residents still have difficulty finding parking places near where they live. A big reason is that, as predicted, there is little or no enforcement. You can decide if you want to blame law enforcement or not. But the city commission does stuff like this all the time– passing laws that require enforcement. And then, if that enforcement doesn’t happen, nobody is held accountable.

But there is an even bigger reason that the law is not working. Even if the current law were to be strictly enforced, the law was so diluted that there are simply not nearly enough parking spaces to accommodate the number of vehicles AUTHORIZED to park in the residential parking spaces in Old Town! Do you agree with me that, at some point while the law was being debated; somebody on the commission should have stood up and said something like, “We’re off track here. We have lost focus. Can we get back to trying to solve the problem? The idea that a Key Largo resident can drive down here and legally park in ‘residents only’ parking spaces in Old Town is borderline stupid.”

However, one thing the city commission has done right over the years to try to improve the parking situation in Old Town is to build a number of pay parking lots and garages. Few Old Town residents use those facilities, but tourists and others from outside Old Town do– although, in many cases, only after they have driven around the neighborhood looking for free parking.

Unfortunately, a pattern we have noticed over the years is that, even when it becomes obvious that a law is not working to solve the target problem, the commission rarely acts to change or repeal the law.

LOUD MUSIC ON DUVAL STREET

Duval Street is famous throughout the world as a party street. And loud music is part of the deal. After 30 years as a resident of Key West, I still like to occasionally cruise Duval Street and listen to the music. One of the factors that attract visitors back to Key West over and over again is that “music is everywhere.” But if you live anywhere close to Duval Street, you may be forced to listen to the music almost 24/7 whether you want to or not. So, over the years, the city commission has repeatedly addressed this issue, passing several generations of anti-noise ordinances.

At one time, the law set restrictions on  music in terms of decibels and required law enforcement officers to use decibel meters to determine if music from a bar was violating the law. However, it didn’t take long for lawmakers to realize that, sometimes, the meters were broken or missing– or that the cops didn’t know how to use them. On more than one occasion, even when the meters were working and the users knew how to use them, the readings of just the ambiance of the street violated the law. So the use of decibel meters was replaced with a provision (still in effect) that says that if music from an establishment can be heard 100 feet beyond the property line, that establishment is in violation of the law. Now that is not only a tough law, but it makes it easy for a law enforcement officer to determine if there is a violation by simply walking across the street! Of course, that assumes that anybody is going to bother to enforce the law.

Another provision of the current noise law requires that establishments that feature music to buy an “entertainment license” every year. The idea is that establishments that receive too many complaints over a set period of time risk losing their entertainment licenses and, therefore, would not be able to legally feature music. Establishments may avoid the entertainment license requirement by soundproofing the building. But in spite of the 100-foot and entertainment license restrictions, music on Duval Street is still loud and, as far as we know, no establishment has ever lost its entertainment license.

A primary reason why this law continues to be impotent is because, in the very beginning, it was diluted with a provision that makes it complaint-driven. Any resident who is being bothered by loud music on Duval Street must make a complaint and, presumably, meet with an officer, who will supposedly investigate the complaint. If the officer locates the source of the loud music, he or she will warn the manager to reduce the volume. If the volume is turned up again later, and the resident wants to renew the complaint, the process starts all over again.

But what you need to know is that making the law complaint-driven was a TRICK– because, apparently, it gives  a beat cop or a code enforcement officer on patrol, walking or diving by an establishment where the music is loud enough to rattle the fillings in their teeth, the option to NOT enforce the law– BECAUSE THERE IS NO COMPLAINT!

Here is an example of the continuing problem which is probably not atypical: There is a bar at the corner of Duval and Petronia Street that broadcasts loud music every night until the wee hours of the morning. The music is so loud that it can be heard by residents of Petronia Street more than a block away on either side of Duval. Although the music is so loud that it is impossible to ignore– law enforcement officers passing by somehow manage to do that. And, apparently, Petronia Street residents have virtually given up complaining.

Again, to their credit, city commissioners have passed a law to try to deal with this abuse of Duval Street neighbors. But can’t they see that it isn’t working? I know it may seem like a radical idea, but how about simply requiring that cops and code enforcement officers cite blatant offenders of the law (that the officers see and hear themselves)– even if the neighbors have given up trying to complain?

NOTE 1: In addressing the topic of city laws, the writer must worry that the law or laws being addressed may have been changed. For the purpose of this commentary, my source is Municode, a national company the city pays to maintain an up-to-date listing of city laws. I have found that the easiest way to access the Municode listing of Key West laws is to Google “Key West city ordinances” and scroll down to “”Key West City Ordinances-Municode” and then search that site for the law you’re interested in by topic.

NOTE 2: If you have a serious noise complaint, you may want to consider the use of the city’s noise complaint form, which requires the police department or code compliance to investigate and to track and document action. To see a copy of the form, Google “Key West noise complaint form” and click on “Disturbing Music Noise Complaint Form.” Turn the completed form into the city manager’s officer or to code compliance.

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Dennis Reeves Cooper founded Key West The Newspaper in 1994 and was editor and publisher for 18 years, until he retired last year.