ANNA MARIA – The city has a newly-amended noise ordinance that now subjects violators to a $35 fine instead of a verbal warning for a first offense.
Increased fines are also now in place for repeat offenses that could also subject vacation rental owners and rental managers to similar citations and fines.
Adopted on final reading on Thursday, Sept. 12, Ordinance 19-851 is accompanied by a city resolution that establishes the fines levied on those who receive noise ordinance violation citations.
The fine for a second noise ordinance violation is now $200, and the fine for a third violation is $500.
Before being amended, Anna Maria’s noise ordinance included a $500 fine for a first offense.
During recent commission discussions, it was noted deputies were hesitant to issue citations that carried such a heavy fine for a first offense.
The $35 first-offense citations will replace the verbal warnings previously issued by deputies. If the responding deputy determines a noise violation has occurred, the violator will be issued a ticket instead of a warning.
If the noise violation occurs at a vacation rental property, the property owner and rental manager will be notified. If a second or third violation occurs with the same guests, the property owner and rental manager could be issued similar citations.
City Attorney Becky Vose said notifying property owners and rental managers of the first noise violation puts them on notice.
“This creates the liability on all these people, but the sheriff’s office, working with the city, will have discretion as to who they will be citing,” Vose told the commission.
These new policies were enacted to better address the small number of vacation rentals in Anna Maria that generate repeat noise complaints.
The fine amounts reset for each new set of vacation rental guests, but issuing citations instead of warnings provides the city with written documentation of the repeat noise violations that occur at a specific property.
A property that receives three noise ordinance citations during a rolling 12-month period could be declared a public nuisance. A vacation rental property that is declared a public nuisance could temporarily or permanently lose its ability to be used in that capacity.
Mayor Dan Murphy said the city has long the ability to declare a property a public nuisance but very few $500 noise ordinance citations have been issued to document that process.
“There’s some places – not many, but a couple that are in fact nuisances. I think the message will be loud and clear with this structure,” Murphy said of the amended noise ordinance.
The escalating fines would also apply to the owner of a permanent residence or a vacation home at which repeat noise violations occur.
Vose said the amended ordinance could also result in fines for those who own vacation homes and allow friends or family members to use their home in a manner that generates repeat noise complaints.
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