Noise Ordinance Proposed Revisions Board of County Commissioners Work Session February 11, 2014

2 Noise Ordinance  Background and Update  Next Steps  Board Direction

3 Noise Ordinance  Background and Update  Next Steps  Board Direction

Noise Ordinance Background:  1986 – ordinance established  1995 – ordinance revised  2008 – ordinance revised

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 , 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 , 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 , 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 , 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 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