A local resort says an Ocean Boulevard restaurant continues to violate Myrtle Beach’s noise ordinance and is now asking a judge to order it stops the music.
This week, the homeowners association and the management company behind the Holiday Inn Pavilion filed an injunction request against RipTydz, 1210 N. Ocean Blvd., in Horry County Circuit Court. Douglas Martin is listed as the registered owner of Pavilion Resort Management LLC.
However, RipTydz owner Steve Ghidella, said they have never been issued a citation and tried to work with the pavilion’s owner each time he raised concern.
“We have never, once, received a noise ordinance violation,” Ghidella said.
The Holiday Inn Pavilion, 1202 N. Ocean Blvd., opened in 1996 and operated as a hotel until 2006, when it sold some units as privately owned condos, according to the filing.
In August 2017, RipTydz was built with no side walls to mute sounds and only 13 inches away from the Holiday Inn Pavilion building, according to the filing.
RipTydz is an open-air restaurant and bar that broadcasts music until 2 a.m. The suit contends that RipTydz has 10 or more speakers on the oceanfront facade and another four that face Ocean Boulevard.
Holiday Inn Pavilion states it has repeatedly asked RipTydz to turn the music down and, recently, the club added live music concerts on its oceanfront grounds.
RipTydz violated the city’s noise ordinance and Myrtle Beach Police responded numerous times to address noise complaints, according to the filing. Despite that, the noise continues.
However, Ghidella said each time the pavilion’s owner, Martin, met with RipTydz they made adjustments. Since the start, RipTydz has tried to be a good neighbor and Ghidella said they haven’t received complaints from anyone other than the Martin.
He also said that when police came to the establishment they found the music was at acceptable levels. RipTydz has not come close to the 85 decibel level for its sound, Ghidella said.
The pavilion says guests lodged numerous complaints about the noise. The noise prevents pavilion owners and visitors from enjoying the resort, according to the filing.
Holiday Inn Pavilion asked a judge to issue an order to prevent RipTydz from violating the city’s noise ordinance.