Jan 21, 2015 4 min read

Revisions to a confusing and difficult-to-enforce Town of Fort Myers Beach ordinance has made it pass the advisory level and should soon be addressed by Beach policy makers.

During a public hearing last week, the Town Local Planning Agency unanimously approved a revised noise ordinance, one that amends a chapter of the Town Comprehensive Plan and mirrors an adopted ordinance by Lee County and Bonita Springs.

The Lee County noise control document was revised after developments in case laws and County officials worked out glitches with officials from the Lee County Sheriff’s Office. The LPA action is a recommendation to move forward to Beach Council, which should be discussing the issue in the near future.

“We are working together with both those communities to make sure we have one generic set of noise regulations so that, depending on whichever sheriff deputy is out here, he will know the rules and doesn’t have to run back to see what Lee County does,” said Town attorney Derek Rooney. “We were waiting until both (ordinances) were adopted before we move forward with our own.”

The Beach noise ordinance offers “effective control and the elimination of excessive, loud and raucous noise” that has been said to be “essential to the health, safety and welfare of the Town’s residents and visitors, and to the conduct of normal pursuits of life, including, but not limited to, recreation, work, communication and rest.”

According to Town records, the noise level is defined as the sound pressure level as measured in A-weighted decibels unless otherwise specified, while a measurement of noise must be at least five decibels above the ambient noise level, depending on the land use category (see table at end of article).

Rooney did make certain revisions to the approved County noise ordinance. Provisions that the Council will discuss include allotted times of regulation, screeching vehicle and motorcycle tires and engines and measurements from receiving land area of complainant, the latter referencing a sound level meter must be located within the boundary of the receiving land when taking a measurement.

Rooney said the revisions are not a major change from the current Town noise ordinance.

“None of the elements are changing from our current noise ordinance, but we have heard push back from the sheriff’s office as far as confusion between our ordinance and Lee County and Bonita Springs community,” he said.

Special events could have special conditions, however.

“For all those events we have in the downtown area, the Council will be able to set specific time restrictions,” Rooney said.

According to Town records, noise ordinance infractions, if convicted, could lead to a second degree misdemeanor and are subject to a fine not exceeding the sum of $500 or imprisonment in the County jail for a period not exceeding 60 days, or both. Each separate occurrence of a violation will constitute a separate offense and will be punishable as such.

The noise ordinance would take effect immediately upon adoption by the Town Council.

Two years ago, Council members agreed the noise ordinance as it was written needed revision, particularly the location of where sound decibel levels are monitored.

In November 2013, the Town noise ordinance was reported to contain conflicting language. One section was set to have “a maximum sound level for radios, television sets, exterior loudspeakers and similar devices at the property line of the noise source,” while another “at or within the property line of the receiving land use.”

Prior to the changes by Lee County to its own noise ordinance, municipalities had found difficulty in noise control enforcement.

“Obviously, many jurisdictions have had trouble getting consistent enforcement of the noise ordinance,” said Rooney. “We don’t have a police force and our code enforcement (officers) generally (are) not on the Beach at 10 or 11 p.m. when complaints are coming in. This is not uncommon that communities have these issues.”

In the past, the Lee County Sheriff’s Office refused to enforce the Town noise ordinance due to certain provisions that are said to be contradictory and others that are subject to challenge based on the recent Florida Supreme Court decision in State vs. Catalano, according to Town records. Prior to jurisdiction adoption by policy makers, Sheriff officials sent out an advisement to that degree to the Beach as well as Lee County and Bonita Springs, two other affected governmental agencies at the time. County police were still able to cite violations that determined to violate Florida’s “breach of peace” statute.

Now, Council will address the issue and, if deemed appropriate, adopt it for enforcement reasons.