Noise Ordinance
Proposed Revisions
Board of County Commissioners
Work Session
February 11, 2014
Noise Ordinance
 Background and Update
 Next Steps
 Board Direction
2
Noise Ordinance
 Background and Update
 Next Steps
 Board Direction
3
Noise Ordinance
Background:
 1986 – ordinance established
 1995 – ordinance revised
 2008 – ordinance revised
Noise Ordinance
Background:
Two noise categories:
Noise Pollution – Nonresidential
Noise Disturbance – Residential
 EPD investigates noise pollution
 OCSO enforcement –

Residential noise

Noise relating to an establishment serving alcoholic
beverages

Noise involving ‘breach of peace standard’ as defined in
Florida Statutes
Noise Ordinance
Background:
 EPD and OCSO both receive many noise complaints
each year.
 OCSO can use the breach of peace standard (a
second degree misdemeanor under s. 877.03, F.S.).
 OCSO reports it is very difficult to investigate noise
complaints as a misdemeanor because OCSO must
have a complainant.
Noise Ordinance
Options:
 Some cities and counties have a ‘plainly audible’ or
‘clearly audible’ noise standard in their codes so that
they can enforce noise complaints as a local code
violation.
 ‘Plainly audible’ standard has been challenged but
upheld in case law.
Noise Ordinance
Case:
In Catalano case, Florida Second District Court of Appeal
- held s. 316.3045, F.S., unconstitutional where car
radio was ‘plainly audible’ from 25 feet away, and
- certified question to Florida Supreme Court
whether ‘plainly audible’ in s. 316.3045, F.S., is vague,
overbroad, arbitrarily enforceable, or infringes on free
speech. Catalano v. State, 60 So.3d 1139 (Fla. 2d DCA
2011).
Florida Supreme Court upheld ‘plainly audible’ standard in
s. 316.3045, F.S. State v. Catalano, 104 So.3d 1069
(Fla. 2012).
Noise Ordinance
Legal Issues:
 Noise ordinances are assessed by courts using an
intermediate standard of scrutiny.
 Noise regulations must be narrowly tailored to
achieve the local government’s goals.
 Noise ordinance must be content-neutral.
 Local government must offer testimony and create a
record to support amendments to the noise
ordinance.
Noise Ordinance
Recent Activity:
 Beginning in the fall of 2009, Comm. Boyd led a
group comprised of County and OCSO staff to
discuss and evaluate options for amending the noise
ordinance.
 Staff has worked with OCSO to propose
amendments that are legally sound and meet
OCSO’s objectives.
Noise Ordinance
Proposed Ordinance Revisions:
 Define a ‘plainly audible’ noise standard.
 Use objective enforcement categories - Land Use category (from which noise is generated)
 Distance
 Time of Day
Noise Ordinance
Proposed Ordinance Revisions:
 Issue a civil citation for violation –



$200 penalty for first violation
$400 for second violation
$500 or criminal citation for third and each subsequent
violation
Noise Ordinance
 Background and Update
 Next Steps
 Board Direction
13
Noise Ordinance
Next Steps:
 Submit ordinance revisions to Environmental
Protection Commission (EPC) for review.
 Schedule public hearing after EPC review.
Noise Ordinance
 Background and Update
 Next Steps
 Board Direction
15
Noise Ordinance
Board Direction:
Seeking Board direction to amend the County’s
noise ordinance, including creating a ‘plainly
audible’ standard in the Code, and revising
Exhibit A to County Ordinance No. 94-09 to allow
for issuance of a civil citation for violations.
Noise Ordinance
Proposed Revisions
Board of County Commissioners
Work Session
February 11, 2014