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Manatee County Government Administrative Center Commission Chambers, First Floor 9:00 a.m. - May 24, 2016
May 24, 2016 - Regular Meeting
Agenda Item #16


Subject
Authorization to advertise proposed Ordinance 16-08, regarding noise

Briefings
All

Contact and/or Presenter Information
Geoffrey K. Nichols, Assistant County Attorney, ext. 3750
Anne M. Morris, Assistant County Attorney,  ext. 3750

Action Requested

Motion to authorize advertising, for a public hearing, Ordinance No. 16-08, amending Article II of Chapter 2-21 of the Manatee County Code, regarding noise, in the form presented by the County Attorney’s Office.



Enabling/Regulating Authority

Section 125.01, Florida Statutes, and Article II, Section 7, Florida Constitution.



Background Discussion
  • The County Attorney’s Office has advised the Board of County Commissioners (“the Board”) of the need to amend and restate Article II of Chapter 2-21 of the Manatee County Code to reflect recent changes in the law and to clarify the County’s noise ordinance in order to make it more enforceable so that it will withstand a legal challenge in a court of law.  The County Attorney’s Office has prepared a draft Ordinance 16-08 (the “proposed Noise Ordinance”) to address these concerns. 

  • The proposed Noise Ordinance contains a number of substantive changes that are consistent with Florida Statutes and recent circuit court rulings.  These substantive changes are underlined and set forth in the proposed Noise Ordinance:

    • Clarification of the definition of “Noise Disturbance.”

    • Setting sound levels between the hours of 10:00 p.m. and 7:00 a.m. for industrial and commercial areas. 

    • Removal of the exemption for sounds of ceremonial or traditional activities between the hours of 7:00 a.m. and 11:00 p.m.  

    • Regulation of sound produced by a radio, tape player, CD player, or other mechanical sound making device or instrument from within a motor vehicle when the sound is plainly audible from 25 feet from the source vehicle.  A violation of this section of the proposed Noise Ordinance is limited to a civil citation. A violator of this section of the article is excluded from receiving a warning due to the transient nature of this violation.  

    • Additional exemptions to this article include:

      • Railroad operations.
      • Any aircraft operating in conformity with, or pursuant to, federal law, federal air regulations and air traffic control instructions used pursuant to and within the duly adopted federal air regulations.
      • The usual sounds or noises associated with marina operations and port operations.
      • Sports shooting ranges in compliance with Sections 790.33 and 823.16, Florida Statutes, as amended.
      • Impulsive sound.
      • Sound or noise generated by an event where a special permit has been issued by the relevant jurisdiction which permits the noise level being generated.
      • Sounds emanating from bona fide farm operations on land classified as agricultural land which are exempt from local government regulation pursuant to Section 823.14, Florida Statutes, as amended.
      •  Motor vehicles operating on a public right-of-way in compliance with Chapter 316 and Section 403.415, Florida Statutes, as amended.  
  • Section 2-21-35, Enforcement and Penalties, has been modified in order to remain consistent with Chapter 162, Florida Statutes, and recent circuit court rulings.  The changes to this section also serve due process interests and clarify the enforcement process.
  • Minor changes to the proposed Noise Ordinance have also been made in order to make it more readable and to clarify the enforcement procedures.
  • The County Attorney’s Office has provided the attached redline of the proposed Noise Ordinance reflecting the recommended changes.
  • If desired by the Board, the County Attorney’s Office will provide a brief presentation describing the recommended changes.


County Attorney Review
Other (Requires explanation in field below)

Explanation of Other

This is a County Attorney item.



Reviewing Attorney
Palmer

Instructions to Board Records

Please return a fully approved electronic copy of this agenda item with supporting documents to: diane.hajek@mymanatee.org, and joann.grace@mymanatee.org.



Cost and Funds Source Account Number and Name
N/A

Amount and Frequency of Recurring Costs
N/A


Attachment:  NoiseOrdMemo 2016-0032.pdf
Attachment:  Noise Ord 16-08 Final.pdf