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City triumphs in noise violation hearing

City triumphs in noise violation hearing

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

HOLMES BEACH – It was a win for Holmes Beach police officers when Special Magistrate Michael Connolly ruled in favor of upholding a noise violation citation, assessing a $175 fine.

Property owner James Daniel Clark appeared during a Feb. 10 hearing to contest a noise violation citation received by his son, Justin Clark, on Nov. 27, 2021.

HBPD Officer Michael Van Horne testified before Connolly about the incident, which happened at a home Clark owns at 240 S. Harbor Drive in Holmes Beach. Van Horne said he responded to a noise complaint at the address. When he got out of his vehicle about 200 feet away from the home on the street, he said loud music was plainly audible. Upon walking up to the gate to the backyard, Van Horne and Sgt. Thomas Fraser say they saw several young people in a hot tub. Justin Clark responded to their summons to the gate and, with his father on the phone, answered police questions and received the noise violation.

Body camera footage from the two officers confirmed their version of events, also bringing to light that Justin Clark admitted that underage drinking was taking place on the property.

Speaking on behalf of James Daniel Clark was attorney Michele Grantham. Grantham argued that the neighbor who reported the incident had called multiple times since 2019 to report issues at the property and that the November incident was the only time that a citation was issued. She also argued that the police responding to the call had previously used a decibel reader to determine if a noise violation had taken place and did not use it this time, instead using the plainly audible portion of the city’s noise ordinance, along with seven standards outlined in the ordinance to determine that a violation had taken place. Grantham said the plainly audible language and seven standards were too subjective.

Tokajer disagreed. He testified on behalf of his officers and said the noise ordinance allows officers to determine if a violation occurs based on reasonableness and their own common sense, even if that noise takes place during the day, as this one did. With the body cameras unable to amplify sound, what was heard on the camera footage was an accurate depiction of the noise at the time of the citation, he said.

“This is clearly a violation,” Tokajer said of the music, which caused the disturbance.

Though he wasn’t onsite at the time of the incident, James Daniel Clark testified during the hearing on behalf of his son, saying he believed the group of college sophomores were watching a football game and that was the source of the noise. While being questioned by Augello, he admitted that the noise heard in the body camera footage did not sound like a football game.

After hearing testimony on both sides, Connolly ruled that a violation had taken place and ordered Clark to pay a fine of $175 plus a $10 administrative fee.

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Rash triumphs in state investigation

Rash triumphs in state investigation

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

HOLMES BEACH – At the conclusion of a four-month-long investigation by the State of Florida Commission on Ethics, Commissioner Kim Rash is breathing a long-awaited sigh of relief.

Rash was accused of violating a section of the Florida Constitution by his former neighbor, Anastasios “Tosh” Tricas, in early May. Among other things listed in a May 1 complaint filed with Holmes Beach police following a noise complaint at Rash’s Holmes Boulevard residence, Tricas accused Rash of abusing his position as a city commissioner by stating that he did not have to comply with laws and regulations because city departments and staff members “work for him.” A hearing held Sept. 10 in Tallahassee found that there was no probable cause to substantiate the claims made by Tricas, and his complaint against Rash was dismissed.

Rash

With the conclusion of the investigation comes a measure of peace for Rash and his family. In speaking with The Sun, Rash said the accusations against him and the following investigation caused a tremendous amount of stress for his family, who supported him throughout the entire process. Unable to discuss the investigation until it officially concluded, Rash said that without the support of his wife, Theresa, and daughter, Melissa, the situation would have been unbearable. Now, he’s just happy to have the hearing and investigation over with and to publicly be cleared of the accusations.

“I’m just happy it’s over,” he said, adding that he can now move forward in his duties as a commissioner with a renewed focus on the residents he represents.

In a written statement, Rash said he wished taxpayer funds could have been put to better use than investigating the claims made by Tricas.

“I believe the unfounded allegations against me by my former neighbor, Tosh Tricas, were the result of retaliation following my family’s decline of the Tricas’ request for a shared pool,” Rash said in the statement. “Electronic and photographic evidence, as well as testimony from direct witnesses, show that allegations submitted by Mr. Tricas to the Florida Commission on Ethics were fabricated. I demonstrated, item by item, with a wealth of documentation that each of Mr. Tricas’ allegations were categorically false. I fully cooperated with this investigation and was 100% confident that there would be a full exoneration of these false and damaging allegations.”

Rash said he feels the issues between himself and his neighbor began when Rash had a pool installed on his side of the duplex lot the two shared until Tricas sold his side of the building in late June. Rash said Tricas and his family wanted to go in on the pool so that it would be shared with the two units. For resale purposes, Rash denied the request, putting the two neighbors at odds. When Tricas sold his side of the duplex, plans were shown on the listing for a courtyard pool that could potentially be installed on his property, however, Holmes Beach building records show that no one applied for permits for that pool.

Tensions between the neighbors came to a head early in the morning of May 1 when officers responded to the Holmes Boulevard property just after 6 a.m. to a noise complaint. Tricas said a stereo left playing in Rash’s living room while that family was out of town was disturbing his neighbors for a few days before calling the Holmes Beach Police Department to report the noise.

Videos from Rash’s security camera system show HBPD officers, joined at one point by a Manatee County Sheriff’s Office deputy, blocking traffic in front of the residence and walking the property while investigating the issue.

Rash sent a friend over to turn off the stereo and was issued a warning by officers, which would have ended the issue, but Tricas gave a five-page written statement to officers outlining other issues between himself and Rash. It was those complaints that made their way to the state ethics board as Tricas escalated the complaint.

Tricas could not be reached for comment.

With the conclusion of the ordeal, Rash said he’s happy to finally be moving forward and putting this issue behind him.

“Throughout this whole ordeal, I have continued to work and advocate for the residents of Holmes Beach. That is why I was elected, and this has continued to be my focus,” Rash said in his statement. “I am glad I finally have the opportunity to speak so that the residents of Holmes Beach finally know the truth. I am grateful for the support that I have received from so many of our Holmes Beach residents.”

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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

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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Repeat noise violations a lingering concern

Written by Joe Hendricks on . Posted in Anna Maria, Community News.

ANNA MARIA – City officials are searching for ways to better address vacation rental-related noise ordinance violations, with a focus on vacation rentals that produce repeat noise complaints.

During the Thursday, Aug. 8, city commission meeting, Mayor Dan Murphy proposed lowering the city’s current $500 fine for a cited noise ordinance violation. He said the current fine is onerous, excessive and the highest in Manatee County.

Murphy noted that the owner of a family home on North Shore Drive has not yet paid a $500 noise violation by a family member in March.

City Attorney Becky Vose said the additional $150 administrative fee levied by Special Magistrate Karla Owens at the appeals hearing in April also remains unpaid. During that hearing, Deputy Matthew Kenyan said the Sheriff’s Office previously responded to noise complaints and issued verbal warnings at that same address – 60 North Shore Drive – in 2015 and in 2017.

Commissioner Doug Copeland asked Vose if the city could put more teeth in its ordinance regarding the failure to pay noise ordinance fines and appeal fees. He said not doing so leaves the city “holding the bag” for those fines and fees.

Vose said the city uses a collection agency to collect on unpaid parking tickets and might consider that for noise ordinance citations too.

Murphy said the city also needs to clarify who gets fined when repeat noise citations are issued for the same address.

Possible solutions

Vose said deputies may be hesitant to issue a $500 citation to a vacationing family. She said warnings are not given before parking tickets are issued and she suggested issuing $35 citations for a deputy’s first noise-related visit. The fines would then increase significantly for additional offenses.

Copeland questioned whether some people might simply consider $35 a reasonable fee to pay in exchange for being noisy.

Vose raised the possibility of also fining the property owner and the property manager. She said this might incentivize owners and managers to avoid noisy guests.

Anna Maria noise violations
An occupant of this home on North Shore Drive was fined $500 for a noise ordinance violation and that fine remains unpaid. – Joe Hendricks | Sun

During public comment, it was noted that fining a property owner for a guest’s violation was previously considered in Holmes Beach but discarded due to concerns about the legality of fining an owner or agent for the actions of a guest. Vose said she would research that.

“I think the owner and the property manager have an obligation to make sure the vacation renters understand what’s allowed and what is not allowed. If they don’t do a good job on that, then they should be hit pretty hard,” Commissioner Dale Woodland said. “I don’t want to penalize the visitor that wasn’t informed, but I damn sure want to put a lot of responsibility on the property manager and/or owner.”

Commissioner Chair Brian Seymour disagreed with Woodland’s assertion that local rental and property management companies are not emphasizing noise ordinance compliance.

“I know most of the intermediate management companies and they are all over it,” Seymour said.

Seymour believes the local companies have stepped up their efforts to inform guests that the Island is a quiet place at night. He also said some guests falsely claim ignorance when confronted with a noise complaint.

Commissioner Carol Carter supports a tiered fine structure for properties that receive repeat noise complaints.

Vose said the city could utilize a “three strikes and you’re out” policy that results in a property being declared a nuisance after three cited offenses – but she’s not aware of any rental properties that have received three $500 noise citations.

Commissioner Amy Tripp asked Sgt. Mike Jones how many noise complaints are resolved with a warning.

“The majority comply once we have a talk with them,” Jones said.

Tripp said she wants to maintain the warning-first approach that seems to be working. She doesn’t like the idea of fining a family $35 for their kids making noise in the pool and she supports lowering the current $500 fine.

Woodland disagreed with Tripp about warnings and fines. He said those who live next to problematic vacation rentals are repeatedly subjected to noise issues that go unpenalized because it’s different guests each week.

“We don’t have a huge problem, but we have a lot of repeat problems at the same addresses,” Woodland said.

Copeland said the incident reports included in the commissioners’ meeting packets indicate many noise complaints pertain to people talking when gathered around a swimming pool at night. The reports indicate most complaints were resolved with a warning.

“I don’t know how draconian we want to get,” Copeland said.

Vose said she would continue to research the possibilities discussed and she was asked to draft proposed noise ordinance language to discuss at the commission’s Thursday, Aug. 22, meeting.

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