www.mymanatee.org
Manatee County Government Administrative Center Commission Chambers, First Floor 9:00 a.m. - September 13, 2016
REVISED September 13, 2016 - Regular Meeting
Agenda Item #37


Subject
Adoption of new Noise Ordinance (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

Adoption of 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
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 regarding noise, to reflect recent changes in the law and to clarify the ordinance, such that the ordinance will withstand a legal challenge.
 
On May 24, 2016, the County Attorney’s Office requested to advertise the first draft of proposed Noise Ordinance No. 16-08 (“Draft #1”) for public hearing.  At that regular meeting, the Board approved the advertising of a public hearing for Draft #1.  Later, during the same Board meeting, the Board instructed the County Attorney's Office to hold off on advertising 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 and Manatee County Code Enforcement officials.  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 was instructed to prepare an alternative draft ordinance (“Draft #2”) to address these concerns. 

On August 9, 2016, the County Attorney’s Office requested authorization  to advertise the Ordinance for a public hearing.  At that regular meeting, the Board approved the advertising of a public hearing.
 
The County Attorney’s Office will make a presentation, covering each of the attached drafts of the Ordinance.



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

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



Cost and Funds Source Account Number and Name
N/A

Amount and Frequency of Recurring Costs
N/A


Attachment:  Noise Ord 16-08 DRAFT#1.pdf
Attachment:  Noise Ord 16-08 DRAFT#2.pdf
Attachment:  Publication Aff.pdf