The state has dropped a noise ordinance violation charge against Freckled Fin owner Scott Lubore.
Live entertainment at the Freckled Fin Restaurant and Public House, 101 Bridge St., Bradenton Beach, led to Lubore’s April 5 arrest for a misdemeanor noise violation following multiple warnings from the Bradenton Beach Police Department.
The state issued a notice May 19 to the city that said a criminal charge would not be filed against Lubore.
Bradenton Beach Police Chief Sam Speciale said May 24 that he spoke with a representative from the state attorney’s office, who said the charge was dropped. Speciale said the police report failed to show the decibel reading spanned 30 seconds for the noise complaint that led to Lubore’s arrest, as required by the city ordinance.
Regarding the dropped charge, Speciale said, “This chapter is over, but if we get more complaints to the Freckled Fin, citations may be issued.”
Representatives of the Freckled Fin declined comment.
BBPD officers use a calibrated, directional decibel meter to determine noise levels. According to the ordinance, sound cannot exceed 75 decibels past 10 p.m. on weekends in the commercial district, which includes Bridge Street.
However, owners and employees at live entertainment venues on Bridge Street say the weekend limit is too stringent and should be extended to midnight.
The commission has hosted a series of workshops since the arrest to consider changing the requirements in the ordinance.
The city is considering a “trial period” with a 75 decibel limit until midnight on weekends and holidays.
Additionally, the commission and Speciale have discussed a “point of complaint” that would clearly define where the sound is measured.
The commissioners agreed more discussion is needed and plan to schedule a meeting in order for the commission to vote on the matter of noise levels.
WOW , Hopefully the next botched police report wont be from a homicide investigation !