Decibels vs. dreams: The 50-foot rule dividing Marco Island

MARCO ISLAND, Fla. (WINK) — For residents of Marco Island, the sound of paradise is increasingly being drowned out by the thumping bass of pool parties and late-night revelry. 

Following a WINK Listens event held in Marco Island, where locals voiced their frustrations, WINK Investigates contacted the Marco Island Police Department to see why silencing the "constant chaos" of short-term rentals is harder than it sounds.

The police department demonstrated the complexity of monitoring decibel levels for short-term rentals through a behind-the-scenes showcase. 

The 50-Foot Rule: How Noise is Measured

The battle between property rights and quality of life is fought with calibrated meters and a tape measure. According to Police Chief Tracy Frizzano, officers don't just roll up with sirens blaring; they shut off their engines blocks away to hear the violation for themselves.

The city’s noise ordinance is governed by specific decibel limits and distances:

• Daytime Limit: 68 decibels.

• After 9 p.m.: The limit drops to 60 decibels.

• After 10 p.m.: The standard shifts to "plainly audible."

• The 50-Foot Rule: Noise is officially measured 50 feet from the property line.

During a demonstration for Chief WINK Investigates Reporter Chorus Nylander, Lieutenant Joseph Belardo tested the sound of a running fire engine. Even that loud machinery registered at 66 decibels—technically legal under the city's daytime ordinance.

"The Cost of Doing Business"

For longtime resident Robert Brenner, the science of decibels doesn't match the reality of living next to a revolving door of vacationers.

"I have seven grandchildren," Brenner said. "I’d like to have them down here and not have a neighbor next door with a band playing at all hours of the night."

Brenner argues that current fines—$250 for a first offense and up to $500 for repeats—are failing to deter wealthy investors. To some short-term rental owners, he claims, these fines are simply a "cost of doing business." While the city can place liens on properties for unpaid fines, Brenner notes that those liens often sit dormant for years until a property is sold.

The Conflict of Enforcement

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State Law vs. Local Control

The city’s hands are partially tied by Tallahassee. While Marco Island voters approved a short-term rental registry in 2022 to better manage these properties, the effort was derailed.

"We were preempted by state law," Chief Frizzano explained, noting that an emergency order following Hurricane Ian stopped the registration system in its tracks. Without a registry, the city is forced to rely on magistrate hearings and code enforcement after the damage is already done.

A Quest for Compliance

Despite residents' outcry, Chief Frizzano maintains that her department is effective, boasting a 97% compliance rate once officers arrive on the scene.

"We want them to comply because we want the quality of life on Marco Island to be good for everybody," Frizzano said.

While the City Attorney’s office technically has the power to foreclose on properties with long-standing noise liens, the Chief admitted that such an action is extremely rare.