Noise ordinance moves to first hearing
Issues surrounding a difficult-to-enforce Beach ordinance have been discussed, recommendations have been made and the matter regarding noise control is expected to move to the first of two public hearings for potential implementation in the near future.
The Fort Myers Beach Town Council listened to much public comment about the suspect noise ordinance before weighing in with proposed language changes to amend the current regulation that is devoted to noise control and disturbances to provide a clear delineation of enforcement procedures and standards.
The amended ordinance would mostly mirror the Lee County Noise Control Ordinance that the Lee County Board of County Commissioners adopted on Sept. 2, 2014. That 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. Town attorney Derek Rooney will now craft another draft ordinance after reviewing Council points and recommendations prior to the subject being added to a future Town meeting agenda.
“Best management practices on a business and taking consideration of where you work truly is so important here,” said Mayor Anita Cereceda. “We all have to live together.”
Back in mid-February, Council decided to workshop the noise ordinance issue after it was placed on the meeting docket and both Council and the general sense of the community thought the matter needed to be ironed out more prior to any public hearings.
Recommendations in amending ordinance to consider include changing noise disturbance definition language from “non-harmonious sounds” to “harmonious sounds;” adding penalties language that would involve suspension of COP license or permit for any person, firm or corporation if there are two convictions for violations over any 12 month period as well as civil remedies language to authorize town manager to temporarily suspend or fully revoke COP license for property where offense occurred; and changing waiver language to have Council grant appeals from aggrieved property owner instead of town manager or designee.
At the workshop, many bar/restaurant representatives, particularly in the downtown zoning district, believed the current decibel levels were too strict for the entertainment district, thought it to be an arduous task to decipher ambient sound to sound produced by musicians and urged a need to maintain the “funky” atmosphere of the overall Beach. Concerns also centered on the Beach being an entertainment venue not Sanibel’s atmosphere, how to enforce vehicle sound amplification and motorcycle noise that can be louder than live musical performances.
Modified house PA systems are being recommended to angle music downward. Such equipment to gauge live entertainment would allow property management or designee to manage sound levels.
“Maybe we can insert that in the LDC (land development code),” said Councilwoman Rexann Hosafros.
There will be a special event exclusion within the language of the proposed ordinance.
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 with conditions was a recommendation to move it forward to Beach Council.
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).
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.”