Noise ordinance to return to workshop
A process to revise a difficult-to-enforce Town ordinance that is not currently in place received a shift back to the work session phase after proposed amendments were introduced during what was thought to be an initial public hearing last week.
The Fort Myers Beach Town Council will now discuss the suspect noise ordinance at a work shop on Monday, March 16, at 2 p.m., after the original plan was to set a policy making public hearing for March 2. Lee County Sheriff’s Office Capt. Matt Powell, the Beach district commander, has been invited to attend the upcoming workshop.
Councilwoman Rexann Hosafros stated “there was an idea out there in the community” that the issue would first be brought to a work session. Town officials have received emails to that expectation.
“I am wondering if we can move this to a workshop rather considering this the first hearing,” Hosafros said on Feb. 17.
Back on Jan. 13, the Town Local Planning Agency unanimously approved the revised noise ordinance that is considered more enforceable based on proposed changes. The action was a recommendation to move it forward to Beach Council.
The re-written document was said to be amended to mirror an adopted ordinance by Lee County and Bonita Springs. The County ordinance was revised after developments in case laws and when County officials worked out glitches with officials from the Lee County Sheriff’s Office.
Even though much discussion will take place March 16, public input speakers decided to weigh in at the Feb. 17 meeting.
“I like the 12 subjective criteria that can be used in lieu of the decibel,” said Beach resident Bill Shenko. “It’s an excellent alternative. Decibels are very hard to enforce. I think that is a good start.”
The listed criteria standards in determining whether a noise disturbance exists in the proposed amended ordinance include a) the volume of the noise, whether it is loud or quiet; b) the intensity of the noise; c) whether there is a vibration associated with the noise; d) the nature of the noise; e) the volume and intensity of the ambient noise, if any; f) the proximity of the noise to residential sleeping facilities; g) the nature and use of the area from which the noise source is located; h) the nature and use of the receiving land; i) the time of day or night the noise occurs; j) the duration of the noise; k) whether the noise is produced by a commercial or noncommercial activity; and l) whether the noise falls under one of listed exceptions pursuant to Section 14-24 (involving warning or emergency signal devices, maintenance, safety or lawn care equipment during daytime hours, or noises resulting from authorized special events).
Shenko, who has followed Council sessions on the noise ordinance, sent an email to Council with two suggestions for further change, one of which would involve a noise disturbance appeal process by any party.
“I would like to see any affected person able to appeal Council,” he said.
Council discussion involved source versus receiving measurements, noise control issues, enforcement and penalties as well as civil remedies and conflicts of law.
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.
The ordinance, once/if it takes effect, is expected to offer “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.”