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Tag: Holmes Beach noise ordinance

Letter prompts noise ordinance discussion

Letter prompts noise ordinance discussion

Written by Joe Hendricks on . Posted in Community News, Holmes Beach.

HOLMES BEACH – Written by Holmes Beach residents Dick and Margie Motzer, a letter to the editor that recently appeared in The Sun resulted in an impromptu Holmes Beach Planning Commission discussion about the city’s noise ordinance.

The letter pertained to the city commission’s recent approval of the Island Bazaar site plan at Gulf and Marina Drives. The commission approval includes a stipulation that limits the volume of the miniature golf course’s ambient music to 50 decibels.

“That level of protection is now only in this one geographic region, at the old Wells Fargo location,” the Motzers’ letter said. “We think the city needs to take action to apply that same daytime 50-decibel level city-wide.”

Planning Commissioner Lisa Pierce mentioned the letter during the planning commission’s Jan. 15 meeting.

“I would say what’s good for the goose is good for the gander. That sounds like a good idea everywhere,” she said.

Holmes Beach Director of Development Services Chad Minor noted that the city’s standard daytime volume limit is 75 decibels.

City commissioners did not amend the noise ordinance when approving the Island Bazaar site plan, they simply included a volume stipulation specific to that property, he said.

The planning commission’s primary assignment is to review city matters for compliance with the city’s comprehensive plan, the document that sets forth the city’s overall vision for future development and redevelopment.

Minor said the city’s noise regulations are addressed in the Land Development Code (LDC) and the planning commission would need city commission authorization to review regulations contained in the LDC. Minor said the planning commission could send one of its members to a city commission meeting to request that authorization.

“I think 50 (decibels) is really low,” Planning Commissioner Richard Brown opined.

Planning Commissioner Steve Oelfke praised Island Bazaar developer Jake Spooner for being receptive to the city commission’s volume request, but he said other developers may not be as accommodating. Oelfke expressed support for reviewing the noise ordinance as it relates to the comprehensive plan.

The planning commissioners agreed to place Minor’s suggestion on the agenda for formal discussion at their Wednesday, Feb. 5 meeting.

Letter to the Editor: Residents insist on equal protection in noise ordinance

Written by SUN contributor on . Posted in Letter to the Editor, Opinion.

The Holmes Beach Commission is working diligently on the Island Bazaar site plan for the old Wells Fargo location in addressing the noise issue, the discussion of which was initiated by the mayor. We learned long ago that noise is a difficult issue to understand unless you have actually experienced it. It is an issue that has been greatly researched, and the mayor’s dialogue touched on some of what is deeply rooted in that research, and that is that there can be negative impacts. The reduction to 50 decibels during the day in this resolution was noteworthy; it will be great for the mayor and her family, who live nearby.

We all know that we have lost many residents, and for some, noise was a contributing factor. Sometimes the sustained shouting, yelling and screaming in our neighborhoods is what forced people out. For years, noise was mischaracterized, and residential zones were misreferenced as vacation rental districts, resort zones or commercial zones, although the zone should have no bearing since the noise control ordinance is citywide. It took seven years for reprieve for us, and although the situation is better, it is not 50 decibels during the day.

That level of protection is now only in this one geographic region, at the old Wells Fargo location. It may not have been the intent to deny equal protection to others within the city, but it is reasonable that all residents should be protected equally regardless of where they live. Many residents have been exposed to similar levels of sustained and repetitive noise; we are not seeing any reason that others should be treated differently. It is reasonable that equal protection, both literally and figuratively, should be provided to everyone in the city and that there should be even enforcement.

Considering that the 14th Amendment grants equal protection, we think the city needs to take action to apply that same daytime 50 decibel level citywide.

 

Dick and Margie Motzer

Holmes Beach

Changes come to noise ordinance

Written by SUN contributor on . Posted in Community News, Holmes Beach.

HOLMES BEACH – City leaders are once again modifying the Holmes Beach noise ordinance in a bid to try to reduce excess noise in residential areas.

Commissioners voted unanimously on Aug. 10 to pass the first reading of an amendment to the city’s noise ordinance that adds language defining the term “plainly audible” and requires any mounted speakers to be pointed toward the home where they’re located instead of toward neighboring properties.

When considering the updates to the noise ordinance, commissioners sought the advice of attorney Erica Augello, who represents the city on code compliance matters.

Augello advised commissioners to remove language from the proposed update to the ordinance that would give officers too broad a reach when determining who the offender is in a noise violation. She said the proposed language would be unenforceable because it basically includes everyone in any way associated with the noise, from the person turning up the volume on a stereo to the company that made the speakers.

Another issue she found with the proposed ordinance changes was in the speaker direction specification. After some discussion, commissioners agreed to go with language that specifies that mounted speakers have to be pointed inward toward the property where they’re being used. Augello said specifying all speakers need to be pointed inward toward the property creates an enforcement issue because some speakers are portable and have a 360-degree shape, meaning they amplify sound on all sides. She added that it also becomes an issue for officers responding to a noise complaint in that they cannot enter a property to check the placement of speakers unless allowed on the property by the occupants.

In the language concerning the addition of the use of “plainly audible” as an enforcement tool for officers responding to noise complaints, the ordinance changes specify that the plainly audible tool can be used during nighttime and early morning quiet hours and that the offending noise must be easily heard by responding officers from a distance of 100 feet from the property line.

Commissioner Kim Rash said he’d like to see that distance reduced to 25 or 50 feet from the property line, however, Augello said it becomes more difficult to defend a case before a special magistrate or in court at a shorter distance. Police Chief Bill Tokajer said officers may be able to hear the noise from a closer distance and can use a different enforcement tool, such as the seven standards already in the ordinance for determining if noise is too loud or not.

Commissioners also agreed to have city staff look into a way that noise nuisance properties can be dealt with in a way other than fining different short-term vacation renters each week.

Commissioner Jayne Christenson said just fining a different group of renters each week will not change the overall behavior at rental homes.

The proposed changes to the noise ordinance will go back before commissioners for a final vote and a second public hearing during an upcoming regular meeting.

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Commissioners consider changes to noise ordinance

Commissioners consider changes to noise ordinance

Written by SUN contributor on . Posted in Community News, Holmes Beach.

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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Commissioner proposes unique solution to noise

Commissioner proposes unique solution to noise

Commissioner proposes unique solution to noise

Written by SUN contributor on . Posted in Community News, Featured, Holmes Beach.

HOLMES BEACH – Commissioner Kim Rash wants city leaders to follow the letter of the law, particularly where it involves the enforcement of the city’s noise ordinance.

Rash brought up noise in residential areas during the April 23 regular meeting. He said that the noise from vacation rentals in residential areas remains a large problem for residents. With some rentals being occupied for less than the required seven days and other over posted capacity, Rash said he wants to make sure that no one is exempted from the city’s noise ordinance, including children. His argument is that the noise ordinance governing the levels of acceptable noise during day and nighttime hours does not single out an age group to apply to, so it should be applied to everyone equally.

“I don’t see anything where any age group is exempted from our code. We have the decimal reader and that covers everybody,” he said. “I’ve heard different people say we’re not going to give kids citations even though they’re breaking our code. My thing is noise is noise and it doesn’t matter if you’re one or 91.”

Mayor Judy Titsworth didn’t agree with Rash’s idea.

“Do you want us to cite children playing in pools?” she asked Rash.

“If people are violating our noise ordinance, they need to be cited,” Rash replied.

Titsworth said the city’s residential neighborhoods are not 55 plus communities and are open to families. She added that she hopes to attract more families to the area rather than deter them through police presence.

“Once we start citing children in pools people will leave and never come back,” she said. Rather than giving a citation to children or their families for loud horseplay outside during the day, Titsworth said she prefers to have code enforcement officers visit the property who greet the family in a friendly manner, bring gifts for the children and gently remind visitors that they’re vacationing in a residential neighborhood.

Rash replied that while he loves children, visitors to the city and the rental agents who manage properties need to follow the rules, including the noise ordinance. Rather than discourage families from coming to the Island, he said his hope is to create balance between visitors and residents so that everyone can enjoy the residential neighborhoods. He added that he would like to see occupancy enforced during the day time, rather than just for overnight visitors, to prevent backyard parties at rental properties during the day.

Police Chief Bill Tokajer said that while overnight occupancy limits can’t be enforced during the day, his department is ready to respond to noise complaints, including those generated by a large group of people gathering at one property.

City Attorney Patricia Petruff said that she doesn’t know how occupancy can be enforced during the day because property owners and renters are allowed to have guests visit the property as long as they don’t exceed maximum occupancy of two people per bedroom or six people maximum, whichever is greater, at night.

In a letter to city leaders, resident Renee Ferguson followed up on Rash’s comments, saying that with the high price of property on Anna Maria Island, she feels that young families have been largely priced out of living in the area, leaving the population primarily a mix of visitors and retirees, in her estimation.

“No one that bought here to live full time signed on to be responsible for making sure our visitors are entertained and have a good time. I sure never agreed to that when I built my home,” Ferguson’s letter states.

“Our chief states clearly in a newspaper letter (Feb 26th) that day time noise is “normal conversation.” Screaming kids in a pool is not normal conversation. If this is occurring, then the renter should be cited. Our police and code enforcement have the tools they need to enforce.

“Residents have asked to make clearer to management companies what our ordinances state,” the letter continues. “The clingers, (small instruction signs) showing kids playing in the pool, states a message of being “respectful.” That message alone could mean something different to each reader. We need something clearer. Normal conversation is acceptable, screaming is not.

“If we just follow our own codes, the residents and visitors could enjoy the best the Island has to offer. Beautiful sunsets, clean beaches and fun times,” she wrote.

While no resolution was achieved with regard to daytime noise, Titsworth did say that the city’s noise ordinance will soon come before commissioners to consider changes to the fine structure.

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Letters to the Editor: No late calls, please

Written by SUN contributor on . Posted in Letter to the Editor, Opinion.

Our mayor is a morning person. I remember during noise ordinance discussions, her describing sleeping in as 8 a.m., something service workers laughed at and felt compelled to correct. Our chief of police can be more of a night owl. Do you know how I know this? From the time stamps on their responses to my emails.

Both our chief and our mayor have personally intervened on my behalf when I was having issues with a certain rental agent. Both our mayor and our chief have urged me to contact them if I need their help, but because we maintain different schedules, I prefer to use email. I write the mayor at 3 a.m., and she responds at 6:30 a.m. I have likewise received responses to emails from our chief that were written in the wee hours.

I would NEVER call anyone after 11 p.m., with the exception of my friends on the West Coast where it is three hours earlier. I cannot believe the hubris of folks who think it is OK to call after 11 p.m. for a nonemergency situation, especially when they know the person they are calling is most likely in bed, let alone a city commissioner.

I so appreciate living somewhere where I have an opportunity to butt heads with our elected officials. But it does not mean I can abuse this opportunity. Especially when it is about an issue that should be handled with a call to the police, a department that works 24/7.

I support our mayor publicly stating that this is not acceptable. I support our mayor blocking the numbers of folks who abuse it, telling them she will only respond to calls made through the city switchboard, the number to which the calls should have been directed in the first place. Your rant will actually be heard better and responded to better if you call our mayor when she is actually awake. And she will also respond to rants communicated via email rather than over the phone.

With the Sunshine Laws in place, going through official channels is always preferable. And I hope our city commissioners know that.

Laurel Nevans

Holmes Beach