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Bonita opts for some fun over rules

Bonita City Council rejects live entertainment ordinance, saying the extra regulation wasn’t needed on top of noise ordinance

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Bonita Springs doesn’t want to end up on David Letterman’s TV show for shutting down a little girl’s lemonade stand.

The City Council backed off a pair of proposed laws on Wednesday, saying it doesn’t want to overregulate residents and businesses for the sake of issues that loom large in the minds of a handful of people.

“This is an urban area,” Bonita Mayor Ben Nelson said. “Not everyone is going to be just watching TV.”

The main focus of the city’s strategy came on the same issue that caused Naples City Council to dwell on scantily clad dancers at a sushi restaurant in its downtown: live entertainment.

“We have to be careful not to turn this into the city of no fun,” Bonita Councilman John Spear said.

“Human activity — music, laughter — can sometimes be heard beyond physical property lines, and there ought to be some balance with that ... and a very few individuals that don’t want any noise to cross property lines.”

Bonita’s live entertainment ordinance was ultimately rejected by City Council on Wednesday, saying the extra regulation wasn’t needed on top of the noise ordinance. The new ordinance would have required businesses to get a live entertainment permit every year and was more restrictive of businesses near residential neighborhoods.

The Naples City Council, which has a live entertainment ordinance, pulled the permit for Sushi Thai Too when residents complained the restaurant had dancers on its bar. This came from a city that drafted a leaf blower ordinance, considered banning smoking on its beaches and, notoriously, shut down a girl’s lemonade stand because it didn’t have a permit.

“We are not old fuddy-duddies although some people think we are,” Naples Mayor Bill Barnett said.

If the Bonita ordinance passed, the Buffalo Chips restaurant, which has been honored for its live music and karaoke night, would have to shut down all its live entertainment because it is in a residential neighborhood, said owner Al Greenwood.

Bonita government could grant exceptions to allow some live entertainment, but it would have to offer so many exceptions that the ordinance would be rendered moot.

“We don’t need this law. We already have a noise ordinance,” Greenwood said.

Enforcement is the real issue when it comes to noise and disturbing the neighbors, Bonita Councilwoman Martha Simons said. Bonita could pass a million ordinances, but all it will do is force extra regulation on residents and businesses that were law-abiding to begin with.

The Lee County Sheriff’s Office and Bonita Springs Code Enforcement need to be aware of the city’s laws when it comes to noise.

The Bonita City Council felt the live entertainment ordinance would have been punishing the many for the sins of the few. The main source of live entertainment complaints in Bonita came from the Windsor Road neighborhood about the Sneaky Pete’s, and that restaurant has been renovating to reduce the impact of its noise on the neighbors.

“(The ordinance) was an atomic bomb to solve a speeding ticket,” Spear said. “It was just way out of whack.”

Bonita Springs could have been subject to lawsuits for violating the First Amendment if the ordinance passed, City Attorney Audrey Vance said.

“This is probably overly burdensome,” Nelson said. “This is a bit of an anti-happiness ordinance.”

Although Naples has been criticized for being too curmudgeonly, when the city receives a complaint, it tries to balance the complaints against the overall entertainment value. The Sushi Thai Too dancers, for example, caused a stir because the live entertainment permit asked for only a disc jockey.

“Naples is definitely a fun city,” Barnett said. “We are not punitive by nature.”

Bonita, too, is still finding that balance between complaints and overregulation.

“For me, it’s timing,” Bonita Councilwoman Janet Martin said. “When someone is complaining that something is spilling over late into the night, that needs to be addressed.”

Bonita requires special event permits even for private residential parties, and the City Council has become more critical of applications, especially after residents of Bonita Beach complained about the noise and patrons from beach clubs on Little Hickory Island.

Bonita rejected permits requested by beach clubs for live music at an anniversary party and fireworks at a wedding reception.

On Wednesday, the council reviewed its special events law and backed off on some of the proposed regulations of those residential private parties.

Instead of requiring a permit for any party with 50 or more people with amplified music, the council is considering increasing that to 75 people.

“We don’t want to get into a process of overkill,” Nelson said.

Staff writer Tracy Miguel contributed to this story.

Comments

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Barnett thinks that Naples is a fun town?
Perhaps compared to San Quentin!

#1 Posted by Naplestango on July 16, 2008 at 9:40 p.m. (Suggest removal)

FUN.....

NAPLES.....

NAH, IT WILL NEVER HAPPEN!

#2 Posted by babsmn on July 16, 2008 at 11:34 p.m. (Suggest removal)

Naples is a town full of mid-west fuddy duddies.

#3 Posted by JohhnyB on July 16, 2008 at 11:53 p.m. (Suggest removal)

I'm young. What is a fuddy duddie? Never heard that in my generation.

#4 Posted by volochine on July 17, 2008 at 1:20 a.m. (Suggest removal)

A "fuddy duddie" is an old fart, or shall I say - an older person.

#5 Posted by floridagirl4ever on July 17, 2008 at 6:08 a.m. (Suggest removal)

Naples council is predominately Republicans.
Bonitas council is predominately Democrats.
Who made more sense of this issue?

Chew on that a while. Then talk to me.
(I know, they are supposed to be nonpartisan.)

#6 Posted by CutthroatLiberal on July 17, 2008 at 9:19 a.m. (Suggest removal)

"This came from a city that drafted a leaf blower ordinance, considered banning smoking on its beaches and, notoriously, shut down a girl’s lemonade stand because it didn’t have a permit."

“We are not old fuddy-duddies although some people think we are,” Naples Mayor Bill Barnett said.

I think the first paragraph over-rides the second.
;-)

#7 Posted by Optipess on July 17, 2008 at 9:22 a.m. (Suggest removal)

Cut Throat, you are nuts if you think R's aren't fun. Sheesh, step away from the Dem Koolaid stand, quit putting Obama stickers on peoples' cars and have a beer.

I do congratulate Bonita Springs Gov. for an actual logical and reasonable approach in dealing with an issue; two things that are sorely missing in today's governing bodies.

Good job.

#8 Posted by markinnaples on July 17, 2008 at 9:50 a.m. (Suggest removal)

Mark,
I didn't say Repubs were not fun, they just don't want the rest of us to have any!

I do not put stickers on cars, but if you ask for 1, I've got 'em.

Drink plenty of beer, the choice of Dems.
DomPerignon, the choice of Repubs.

#9 Posted by CutthroatLiberal on July 17, 2008 at 10:42 a.m. (Suggest removal)

having fun means having great friends and living a happy lifestyle. it really has nothing to do with the city, politics & city council or who should supply an entertaining condition for the cow herded masses to enjoy. live happy, be happy, have fun. join in and volunteer for beach cleanup, make friends at a church, get into an avid passion that makes you happy doing it.

really.. do naples/bonita or otherwise need a big nightclub, strip bar or whatever? i could care less whether it does or not. do bars, nightclubs and strip bars make a city fun?

i think people make a city fun by being fun people!

if ones focus is on political party affiliations or what there isn't to do... one could be considered narrow minded eh? there is always something to do.. fun stuff too!!! ignore goofballs in politics and go have some fun!!!

we have a beach! i'm originally from a place that considered watching cars rust as entertainment. enjoy swfl y'all!!!

#10 Posted by pit_stop on July 17, 2008 at 11:29 a.m. (Suggest removal)

To floridagirl4ever:

"A "fuddy duddie" is an old fart, or shall I say - an older person."

I'm 14. The girl next door is 16. Does that make her a "fuddy duddy", an "old fart" or as I would say, "An older person"?

Sorry for the intrusion. I'm just checking out all you OLD FARTS out there.

Debbie

#11 Posted by freedomsailor on July 17, 2008 at 7:24 p.m. (Suggest removal)

The problem is when the fuddie duddies from the EXCLUSIVE GATED COMMUNITIES of Estero and San Carlos and Naples, decide not to party and have amplified music in their EXCLUXSIVE COMMUNITIES and decide to go into Bonita Residential Neighborhoods and PARTY without Permits and have loud music in a residential neighborhood and consume alcohol illegally without a permit and then drive back several miles to their quiet gated community after disturbing the quiet enjoyment of residents of the City of Bonita. This is what this stupid ordinance would allow if passed. Does that sound fair? Let the Members of the Exclusive Gated Communities party in their own development and see how much their neighbors complain and ask for the existing Special Event Ordinance to remain in place to protect the residents of the City of Bonita and stop protecting the elite of developments located elsewhere.

#12 Posted by bonita34134 on July 17, 2008 at 8:08 p.m. (Suggest removal)

Bonita Springs City council........I'm impressed.

#13 Posted by ravenhawk on July 17, 2008 at 8:22 p.m. (Suggest removal)

LOL,,,,, all they could forsee was lawsuits galore

#14 Posted by Chenzo on July 18, 2008 at 9:07 a.m. (Suggest removal)

“We are not old fuddy-duddies although some people think we are,” Naples Mayor Bill Barnett said.

Ummmmmmm, Naples, yes you are.

Anyway, I am in my 20's and live on Bonita Beach. Thank you council for not putting another non-enforcable law. We have survived the New Pass slow zone & the Hickory Blvd 35 MPH. I understand both and even though I might not agree I have abided by both. Let's keep it at that for now.

bonita34134, where is all of this "partying" going on? I would love to know... maybe I am just oblivious. I don't consider the "older" get-togethers in the tax-free Bonita Bay or the Pelican Landing beach clubhouses too outrageous... yet.

#15 Posted by jim09091 on July 19, 2008 at 5:02 a.m. (Suggest removal)



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