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Noise Ordinance Proposed Revisions

Noise Ordinance Proposed Revisions. Board of County Commissioners Public Hearing. June 24, 2014. Noise Ordinance. Background Proposed Ordinance Revisions Requested Board Action. Noise Ordinance. Background Proposed Ordinance Revisions Requested Board Action. Noise Ordinance.

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Noise Ordinance Proposed Revisions

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  1. Noise OrdinanceProposed Revisions Board of County Commissioners Public Hearing June 24, 2014

  2. Noise Ordinance • Background • Proposed Ordinance Revisions • Requested Board Action

  3. Noise Ordinance • Background • Proposed Ordinance Revisions • Requested Board Action

  4. Noise Ordinance Background: • 1986 – ordinance established • 1995 – ordinance revised • 2008 – ordinance revised

  5. Background: Two noise categories: Noise Pollution – Nonresidential Noise Disturbance – Residential Noise Ordinance

  6. Background: EPD investigates noise pollution OCSO enforcement – Noise disturbance Noise relating to an establishment serving alcoholic beverages Noise involving “breach of peace standard” as defined in Florida Statutes Noise Ordinance

  7. 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.

  8. 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)

  9. Noise Ordinance Background Legal Issues: • Courts assess noise ordinances under an intermediate standard of scrutiny. • Noise ordinance must be content-neutral.

  10. 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.

  11. 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.

  12. Noise Ordinance Background: Recent History: • March 25th – EPC recommended approval of proposed amendments. • June 24th – Board held public hearing on amendments.

  13. Noise Ordinance • Background • Proposed Ordinance Revisions • Requested Board Action

  14. 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.

  15. Noise Ordinance Proposed Ordinance Revisions: • Create and define a ‘plainly audible’ noise standard • 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

  16. Noise Ordinance Proposed Ordinance Revisions: • Use objective enforcement terms for enforcement of ‘plainly audible’ standard • Land Use category (from which noise emanates) • Time of Day • Distance

  17. Noise Ordinance Proposed Ordinance Revisions: Land Use CategoryTime of Day Distance Residential Area 7 a.m.—10 p.m. 500 feet or more 10:01 p.m.—6:59 a.m. 150 feet or more Non-residential Area 7 a.m.—10 p.m. 500 feet or more 10:01 p.m.—6:59 a.m. 300 feet or more

  18. Noise Ordinance Proposed Ordinance Revisions: • Issue a civil citation for violation – • $200 penalty for first violation • $400 for second violation • $500 or criminal citation for third and each subsequent violation

  19. 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

  20. Noise Ordinance Proposed Ordinance Revisions: • Update technical terminology • Update responder procedures

  21. Noise Ordinance • Background • Proposed Ordinance Revisions • Requested Board Action

  22. Noise Ordinance • Requested Board Action: • Adopt the Ordinance Amending the Noise Ordinance

  23. Noise OrdinanceProposed Revisions Board of County Commissioners Public Hearing June 24, 2014

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