Harbourside Place was fined again Wednesday by Jupiter — this time for $20,000.
A magistrate ruled the $150 million outdoor entertainment center must pay $10,000 each for violating the special events permit on two Sunday afternoon performances on Nov. 8 and Nov. 15. Town officials say the musicians played drums, which is not allowed under the permit.
“This wasn’t for loud music. The town issued a permit that did not permit drums. It’s at 3:35 in the afternoon. We’re fed up. I have no further comment,” Harbourside developer Nick Mastroianni said.
The fine is justified because Harbourside is not complying with town regulations, Jupiter Town Attorney Tom Baird said.
“It’s a message they don’t understand,” he said.
According to the Nov. 15 Jupiter police report, the band stopped playing after a Jupiter police officer told them there had been a complaint. Mastrioanni told the band to get back on stage and continue to play. They did. View a copy of the police report.
“Mastroianni told me to write him a violations citation and he will deal with that at a later time,” according to the police report.
Music from the amphitheater has been a constant controversy since the waterfront development opened a year ago.
Harbourside Place paid a $16,500 fine in November for playing music above the town’s volume regulations at a Jan. 29 concert.
The town announced plans to suspend up to $350,000 in annual payments it agreed to make to Harbourside for 15 years on Nov. 24.
Town officials recommended Dec. 1 that the council approve banning outdoor music on Sundays and limiting music in the amphitheater to two days a week.
No vote was taken. The council plans to discuss the issue at a January council meeting.
Harbourside officials say they are doing community events that require amplified sounds, such as Ernie Els for Autism activities, yoga classes, Christmas tree lighting and talent shows.
In a Nov. 23 email to The Palm Beach Post, Mastroianni countered that the town approved Harbourside as a designated entertainment district. Part of being an entertainment district, he said, is providing music from the amphitheater, which has been the source of most of the complaints from the town.
“The town ’s hiding behind technicalities in the development order while ignoring the codes that apply to all businesses in the town relative to sound and operations. It’s sad to see again the public will lose the great benefit that Mayor Golonka envisioned in this project,” Mastroianni wrote.
Meanwhile, residents of Waters Edge Estates, about 500 feet across the Intracoastal Waterway from Harbourside, continue to complain about the music.
“The Harbourside people are doing what they want, not what the town requires,” said Waters Edge Estates resident Paul Chaney.
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