www.mymanatee.org
Manatee County Government Administrative Center Commission Chambers, First Floor 9:00 a.m. - August 9, 2016
REVISED August 9, 2016 - Regular Meeting
Agenda Item #7


Subject
Noise Ordinance (proposed Ordinance No. 16-08)

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

Authorization to advertise, for a future public hearing, proposed Ordinance No. 16-08, amending Article II of Chapter 2-21 of the Manatee County Code, regarding noise.



Enabling/Regulating Authority

Article II, Section 7, Constitution of the State of Florida;
Section 125.01, Florida Statutes; and
Chapter 162, Florida Statutes.



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 ordinance so as to withstand a legal challenge in court.

On May 24, 2016, the County Attorney’s Office requested to advertise the first draft of proposed Noise Ordinance 16-08 (“Draft #1”) for public hearing.  At the regular meeting, the Board approved the advertising of a public hearing for Draft #1. 

Later during the same Board meeting, pursuant to a 5 to 2 vote, the Board instructed the County Attorney's Office to hold off on advertising of the Ordinance until the Board could conduct a work session on the subject.

A public work session was held on July 27, 2016.  Present were representatives of the Manatee County Sheriff’s Office, the State Attorney’s Office, Manatee County Code Enforcement officials and numerous interested citizens.  During the work session, several Commissioners expressed a desire to modify the noise decibel limits and fee schedule for noise violations.  At the conclusion of the work session, the County Attorney's Office prepared an alternative draft ordinance ("Draft #2") to address these concerns. 

Attached are redline versions of  Draft #1 and Draft #2, with Draft #2 reflecting the proposed 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 joann.grace@mymanatee.org



Cost and Funds Source Account Number and Name
N/A

Amount and Frequency of Recurring Costs
N/A


Attachment:  Noise Ord Draft #1.pdf
Attachment:  Noise Ord 16-08 Draft #2.pdf