The Key West City Commission is asking its street musicians to turn down the volume.

The commission on Tuesday night gave tentative approval to new regulation that would limit how loud musicians can perform on the streets of Key West. The commission has to hold another public hearing and give the rule a second reading to make it binding.

The ordinance states that a "complaint of disturbing noise may be made at any distance from a commercial or residential property when the location of the sound source is in the public right of way."

It also says officers may issue a citation if "the complainant suffers disturbing noise within the boundaries of his or her property. The investigating officer may issue a warning if in his or her judgment a warning is sufficient to cease the violation."

Violators may only get one warning during any 12-month period.

The ordinance was proposed by Commissioner Jimmy Weekley, whose district includes Duval Street. Weekley has concerns about street performers playing music on plastic buckets, people singing too loud and musicians playing electric pianos too loud, he said.

The commission voted 5-2 in favor of the ordinance, with Mayor Craig Cates and Commissioner Teri Johnston dissenting. Johnston questioned the definition of "disturbing noise." She also asked what will be the maximum allowed noise under the ordinance, are investigations complaint-driven and how much latitude the investigating officer would have in determining if the noise was disturbing.

Attorney Shawn Smith described disturbing noise as "raucous" and "jarring" that would "disrupt peaceful enjoyment of a business or residence" and told Johnston it was complaint-driven.

"It is very discretionary and can be discriminatory," Johnston said.

This is the second time in recent months that the city has tried to hit street performers with more strict rules. The commission gave a first reading on an ordinance in July that would change the city's governance of street performers, artists, vendors and palm weavers who make their living on the street. The new ordinance would increase licensing fees, institute an insurance requirement, require more space between performers and limit the size and location of their display.

The commission gave a first reading on the ordinance, but has twice postponed giving a second reading on the rules as the commission wanted more information from the performers and city staff crafting the rules.

The commission is scheduled to give a second reading on the ordinance at its Sept. 21 meeting.

Special taxing district

The commission also set up a board to dole out property tax money collected in the Key West Bight. The money will be used in the "Caroline Street Corridor" for such improvements as sidewalk repair, landscaping and lighting.

The nearly $400,000 in property tax money will stay in the greater Caroline Street area for the improvements. Such special taxing districts are usually set up for run-down areas or areas in need of repair and maintenance.

Commissioner Barry Gibson pointed out that Key West Bight and Caroline Street area is one of the most expensive neighborhoods in the city and other areas of the city could use a special taxing district. Taxing money from other areas of town goes right into the general fund.

The district will be in place for the next 30 years unless the City Commission chooses to do away with it before then.

tohara@keysnews.com