Background: Two noise categories: Noise Pollution – Nonresidential Noise Disturbance – Residential EPD investigates noise pollution OCSO enforcement – Residential noise Noise relating to an establishment serving alcoholic beverages Noise involving ‘breach of peace standard’ as defined in Florida Statutes Noise Ordinance
Background: EPD and OCSO both 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.
Noise Ordinance Options: Some cities and counties have a ‘plainly audible’ or ‘clearly audible’ noise standard in their codes so that they can enforce noise complaints as a local code violation. ‘Plainly audible’ standard has been challenged but upheld in case law.
Noise Ordinance Case: In Catalano case, Florida Second District Court of Appeal - held s. 316.3045, F.S., unconstitutional where car radio was ‘plainly audible’ from 25 feet away, and -certified question to Florida Supreme Court whether ‘plainly audible’ in s. 316.3045, F.S., is vague, overbroad, arbitrarily enforceable, or infringes on free speech. Catalano v. State, 60 So.3d 1139 (Fla. 2d DCA 2011). Florida Supreme Court upheld ‘plainly audible’ standard in s. 316.3045, F.S. State v. Catalano, 104 So.3d 1069 (Fla. 2012).
Noise Ordinance Legal Issues: Noise ordinances are assessed by courts using an intermediate standard of scrutiny. Noise regulations must be narrowly tailored to achieve the local government’s goals. Noise ordinance must be content-neutral. Local government must offer testimony and create a record to support amendments to the noise ordinance.
Noise Ordinance Recent Activity: Beginning in the fall of 2009, Comm. Boyd led a group comprised of County and OCSO staff to discuss and evaluate options for amending the noise ordinance. Staff has worked with OCSO to propose amendments that are legally sound and meet OCSO’s objectives.
Noise Ordinance Proposed Ordinance Revisions: Define a ‘plainly audible’ noise standard. Use objective enforcement categories -- Land Use category (from which noise is generated) Distance Time of Day
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
13 Noise Ordinance Background and Update Next Steps Board Direction
Noise Ordinance Next Steps: Submit ordinance revisions to Environmental Protection Commission (EPC) for review. Schedule public hearing after EPC review.
15 Noise Ordinance Background and Update Next Steps Board Direction
Board Direction: Seeking Board direction to amend the County’s noise ordinance, including creating a ‘plainly audible’ standard in the Code, and revising Exhibit A to County Ordinance No. 94-09 to allow for issuance of a civil citation for violations. Noise Ordinance
Noise Ordinance Proposed Revisions Board of County Commissioners Work Session February 11, 2014