Rusty’s becomes first business fined under Cape Coral noise update

A popular bar chain in Southwest Florida became the first business fined after a new rule was passed in the region’s largest city, cracking down on nighttime noise levels.

Rusty’s Raw Bar & Grill was issued citation for noise at night by Cape Coral Police Department Friday, marking the first reported fine of a business due to noise under the new city code.

“It’s gonna change your business platform; it’s gonna change your revenue,” said Nicole Isner with Rusty’s. “Who’s gonna be responsible for that?”

It’s not the first time Rusty’s in Cape has received a noise complaint, but it’s the first time it will have to pay up after being cited for noise above acceptable levels.

The ordinance bans amplified sound outdoors after 11 p.m. The city passed the ordinance after residents complained about noise coming from the entertainment district.

Some neighbors have described the noise coming from downtown Cape late at night like “standing next to a jet engine at full throttle.”

Rusty’s says noise that nearby neighbors are complaining about is not coming from the business, and it says the newly fortified ban will hit businesses hard.

“… Fifty percent of our weekend volume comes from late-night sales,” Isner said.

Rusty’s said it was fined $150 and claims it wasn’t given clear answers about why the bar was issued the citation when representatives questioned police.

The popular bar in Cape Coral’s entertainment district said it has received four noise complaints. Rusty’s said it’s asking for a compromise.

“First of all, it’s going to impact our employees; it’s going to impact their paychecks,” Isner said. “You’re going to impact our business as a whole. We’re not asking for it to go back to the old ordinance. We never were. We understand that things change, things evolve. We are asking to be given a share of the pie.”

People such as local musician Skyler Enrico and the owners of Ollie’s, who set up shop weeks before the ordinance passed, are supporting Rusty’s.

“I’m hoping what the Cape Council hears is that there are enough voices that want this repealed or to even meet in the middle and have it revised,” Enrico said.

“We’ve got a great little patio space out front and outback,” Sean Dunnigan said. “And it would be great to use that for live music, which was our primary motivation was for opening this space in the first place.”

We reached out to CCPD for comment but have not heard back yet.

Rusty’s said it plans to bring its concerns to Cape Coral City Council’s Monday meeting.