Transcript 2014-06-24 Public Hearing Ordinance Noise

Noise Ordinance
Proposed Revisions
Board of County Commissioners
Public Hearing
June 24, 2014
Noise Ordinance
 Background
 Proposed Ordinance Revisions
 Requested Board Action
2
Noise Ordinance
 Background
 Proposed Ordinance Revisions
 Requested Board Action
3
Noise Ordinance
Background:
 1986 – ordinance established
 1995 – ordinance revised
 2008 – ordinance revised
Noise Ordinance
Background:
Two noise categories:
Noise Pollution – Nonresidential
Noise Disturbance – Residential
Noise Ordinance
Background:
EPD investigates noise pollution
OCSO enforcement –
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Noise disturbance
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Noise relating to an establishment serving alcoholic
beverages
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Noise involving “breach of peace standard” as defined in
Florida Statutes
Noise Ordinance
Background:
 EPD and OCSO receive many noise complaints each
year.
 OCSO can use the breach of peace standard (a
second degree misdemeanor under s. 877.03, F.S.).
 OCSO reports it is very difficult to investigate noise
complaints as a misdemeanor because OCSO must
have a complainant willing to sign the complaint.
Noise Ordinance
Background:
 Some municipalities and counties have a ‘plainly
audible’ or ‘clearly audible’ noise standard in their
codes so they can enforce noise complaints as a
local code violation.
 ‘Plainly audible’ standard has been challenged but
upheld by the Florida Supreme Court. State v.
Catalano, 104 So.3d 1069 (Fla. 2012)
Noise Ordinance
Background
Legal Issues:
 Courts assess noise ordinances under an
intermediate standard of scrutiny.
 Noise ordinance must be content-neutral.
Noise Ordinance
Background
Legal Issues:
 Noise ordinance must be narrowly tailored to
achieve the local government’s goals.
 Local government must create a record stating the
need to regulate using a noise ordinance.
Noise Ordinance
Background:
Recent History:
 Feb. 11, 2014 – Board held work session with OCSO
and discussed amending County ordinance to create
a ‘plainly audible’ standard and to allow issuance of
civil citation for violations.
 March 19th – EPD convened community work shop
to discuss proposed amendments.
Noise Ordinance
Background:
Recent History:
 March 25th – EPC recommended approval of
proposed amendments.
 June 24th – Board held public hearing on
amendments.
Noise Ordinance
 Background
 Proposed Ordinance Revisions
 Requested Board Action
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Noise Ordinance
Proposed Ordinance Revisions:
 Proposed amendments to the noise ordinance meet
OCSO’s law enforcement objectives.
 Proposed ordinance will take effect October 1, 2014.
Noise Ordinance
Proposed Ordinance Revisions:
 Create and define a ‘plainly audible’ noise standard
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Noise, sound, or noise disturbance
Produced or reproduced by any source
Can clearly be heard by person with normal hearing
Measured by distance from the source property
Not necessary to ascertain words uttered
Rhythmic bass can be considered
Noise Ordinance
Proposed Ordinance Revisions:
 Use objective enforcement terms for enforcement of
‘plainly audible’ standard
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Land Use category (from which noise emanates)
Time of Day
Distance
Noise Ordinance
Proposed Ordinance Revisions:
Land Use Category
Residential Area
Non-residential Area
Time of Day
Distance
7 a.m.—10 p.m.
500 feet or more
10:01 p.m.—6:59 a.m.
150 feet or more
7 a.m.—10 p.m.
500 feet or more
10:01 p.m.—6:59 a.m.
300 feet or more
Noise Ordinance
Proposed Ordinance Revisions:
 Issue a civil citation for violation –
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$200 penalty for first violation
$400 for second violation
$500 or criminal citation for third and each subsequent
violation
Noise Ordinance
Proposed Ordinance Revisions:
 Notice for concrete pours before 7 a.m.
 Street-sweepers included in exemptions
 Exemption for events conducted in accordance with
a county-issued permit
Noise Ordinance
Proposed Ordinance Revisions:
 Update technical terminology
 Update responder procedures
Noise Ordinance
 Background
 Proposed Ordinance Revisions
 Requested Board Action
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Noise Ordinance
Requested Board Action:
Adopt the Ordinance Amending the Noise
Ordinance
Noise Ordinance
Proposed Revisions
Board of County Commissioners
Public Hearing
June 24, 2014