HOLMES BEACH – Noise is news once again in this community.
The subject was broached by Commissioner Kim Rash, who said he feels the city’s current noise ordinance and reliance on readings from a noise meter don’t reflect the issues that residents are having, particularly those with homes near large vacation rental properties.
“I think the staff and the Chief are doing well with it but more is needed to combat noise issues,” Rash said.
In addition to the noise meter and the seven standards that police and code compliance officers can use to identify a noise violation, Rash suggested city leaders adopt a “plainly audible” standard to the noise ordinance. Using a plainly audible standard, if officers could hear noise from a long distance from the source of the noise, a length that would have to be determined by commissioners, the noise would be considered in violation of the city’s ordinance and a noise violation citation could be issued to the offender.
He also asked police Chief Bill Tokajer to consider a way for people reporting potential noise violations to remain anonymous.
Commissioner Jayne Christenson agreed with Rash, saying that people who call police with noise complaints are sometimes retaliated against by the subjects of the complaint.
Tokajer said that adding a plainly audible standard to the noise ordinance may not get the results that people worried about noise are expecting – more noise citations.
“I think our ordinance is well-written,” he said, adding that when making changes, commissioners need to make sure that they do not overreach to infringe on private property rights and that the changes are legally defensible if the matter should go to court. Tokajer said one of Rash’s suggestions, to lower the start of quiet hours from 10 p.m. to 8 p.m., was, in his opinion, overreaching.
In the past year, he said officers have responded to 330 noise complaints and issued 25 citations, 23 of which were paid. During nighttime hours after 10 p.m., the maximum allowable level for noise is 55 decibels.
As to allowing people to report potential noise violations anonymously, Tokajer said there is a bill going before the Florida Legislature that wouldn’t allow officers to respond to an anonymous complaint. Also, if a complaint goes before a judge, he said the judge needs to hear from someone harmed or aggrieved by the noise, not a responding officer.
Once officers respond to a noise complaint and make contact with the people causing the noise, whether there’s a violation or not, his officers do not have to go back the same night.
Attorney Erica Augello said that “plainly audible” is very suggestible and is considered in some courts to be unconstitutional. If commissioners agree to add it to the noise ordinance, she said it would need to be very carefully and clearly defined with parameters and standards clearly set out, along with a very clear definition of noise.
City Attorney Patricia Petruff said she would work with city staff on drafting a more stringent noise ordinance for commissioners to consider for adoption. She said commissioners should manage their expectations though, because even if they approve a stricter noise ordinance, it might not hold up in court.
Mayor Judy Titsworth said that with a combined community of residents and vacation renters with large homes and small lots, there’s no way to avoid noise in residential neighborhoods. She suggested holding another stakeholder meeting on noise to see if there are any suggestions from community members on what can be done to address concerns and help improve everyone’s experience in the community.
“The residents just want to be able to live and sleep in their homes,” resident Richard Motzer said.
Commissioner Carol Soustek said she’s not against strengthening the noise ordinance, but she doesn’t want to adopt a law that isn’t enforceable.
“I cannot eliminate noise,” she said. “I can try to contain it to make it less horrible.”
Commissioner Jim Kihm said he feels like noise isn’t a city-wide problem but is confined to certain areas which may need to be addressed.
Christenson said the average age of Holmes Beach residents is 64.
“We are an older community and we want our peace and quiet,” she said.
Once attorneys and city staff have a chance to discuss what changes could potentially be made to the noise ordinance, it will come back before commissioners for discussion at a future work session.
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