AGENDA ITEM REPORT
TITLE:
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AN ORDINANCE AMENDING THE CITY'S CODE OF ORDINANCES, BY AMENDING CHAPTER 14, "OFFENSES," ARTICLE II, "NOISE," BY REPEALING SECTIONS 14-26 THROUGH 14-40 IN THEIR ENTIRETY AND ENACTING SECTIONS 14-26 THROUGH 14-35 TO SERVE AS THE CITY'S UPDATED NOISE REGULATIONS THAT ESTABLISH REASONABLE SOUND TOLERANCE STANDARDS THROUGHOUT THE CITY. (SECOND READING)(PUBLIC HEARING)
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BACKGROUND:
At the May 12, 2022, City Commission Meeting, this item was approved on First Reading, as amended to include a new section related to the operation of lawn mowers.
Over the last several years, there have been only a few noise complaints that extend beyond a single event; however, the City's noise ordinance provisions, contained in Chapter 14, are dated and warrant an evaluation. As currently written, noise is addressed as a public nuisance with no specific sound level guidelines. This approach has made enforcement difficult in certain situations due to the subjectivity involved in applying the standard. The desire expressed by the City Commission was to move towards standards that are easier to enforce and a defined process that will lead to a reasonable outcome.
DISCUSSION:
The Noise Ordinance, as presented, is a complete rewrite of Chapter 14, Article II, "Noise," involving extensive research and evaluation of industry standards, as well as a review of what other cities have done to address noise complaints. Since the initial presentation of the Noise Ordinance at the February 2022 City Commission Workshop ("February Workshop"), the Noise Ordinance has been modified to address key issues raised by the Commission. Those key issues include limiting the required number of sworn affidavits to a single one (1) to investigate a noise complaint. Additionally, the Commission expressed a desire to incorporate the "Reasonable Person Standard," along with the maximum permissible sound levels in decibels.
The draft presented at the February Workshop essentially...
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