Grayton beach noise ordinance may go countywide

[kurt]

The Defuniak Herald » GRAYTON BEACH NOISE ORDINANCE MAY GO COUNTYWIDE

Apr 3rd, 2009 | 0
Grayton Beach noise ordinance may go countywide
By DOTTY NIST
Walton County commissioners will be considering whether a simpler approach may work better when it comes to dealing with noise complaints.
In 2003, Walton County adopted Ordinance 2003-09, a noise ordinance applying to all of the area south of the bay with the exception of Grayton Beach.
Grayton was excluded because it already had a noise ordinance, which had been adopted in 1996, mainly to address complaints associated with musical entertainment in the small community.
The “south-of-the-bay” noise ordinance sets permissible sound-level limits, measured in decibels, and provides for enforcement of those levels by trained personnel equipped with sound level meters, in response to noise-related complaints from the public.
In contrast, the Grayton Beach’s low-tech noise ordinance sets a “plainly audible” standard for permissible sound level and does not rely on sound meters or trained technicians.
On March 24, Mike Burke, Walton County legal counsel, requested that the Walton County Board of County Commissioners consider applying a uniform noise ordinance countywide. The ordinance he suggested was the one in effect for Grayton Beach.
“All noise ordinances are difficult to enforce,” Burke stated. “Having two noise ordinances makes enforcement that much more challenging,” he continued.
“Based on comments our office has received from commissioners, staff, and the public at large, we recommend the board consider adopting the Grayton Beach ordinance on a countywide basis and repealing Ordinance 2003-09,” Burke added.
The south-of-the-bay noise ordinance has relied on enforcement by Walton County Sheriff’s Office deputies for nuisance complaints and on Walton County Code Enforcement officers for those related to industrial and commercial activities. Difficulties with the use of sound meters have included the effect of weather factors such as wind on the meters’ accuracy.
Since adoption of the south-of-the-bay noise ordinance, there has been discussion of extending it countywide. At one time there was talk of holding a referendum of voters north of the bay to determine whether this would occur.
County Commission Chair Sara Comander said she would be in favor of looking at applying a noise ordinance countywide. She said she often received noise complaints from residents in her district, referencing in particular agriculture-related complaints coming from the Villa Tasso area.
Attorney Burke provided the commissioners with copies of the Grayton Beach ordinance (four pages), and the south-of-the-bay ordinance (18 pages) and requested that they provide their comments once they had examined the two documents.
No hearings on the matter have currently been scheduled, but a series of public hearings would be required to consider repealing the south-of-the-bay ordinance and establishing the Grayton ordinance throughout the county.

[Smiling JOe]

Isn't this basically a repeat of the other thread about the noise ordinance?

[Heidi]

The noise ordinance should protect individuals who are operating their business. “Breach and disturbance of peace” constitutes “malicious and willful intrusion” on the community. Included in the definitions of this offense that I read, an example of a prostitute soliciting from her window was given. Perhaps obscenities are yelled from a wedding, but the music and social scene from a bar should rightfully not lead to a breech of peace arrest. If the ACLU (American Civil Liberties Union) defends a person in Sarasota for their car being confiscated due to a noise ordinance, then how can this county, with good conscience, put someone in jail for a low-amplified acoustic and un-offensive sound that promotes more revenue for their commercial property? Although there may be complaints for a bar’s noise, half the members of community are peaceably assembling at the commercial location and are not offended – especially those who are employed there and depend on that job.
As was said in the commissioner’s meeting on the 11th, the homeowners have no problem with music or musicians; that their issue is residential noise pollution due to the wedding celebrations. Since this is the case, our Walton County noise ordinance needs be modified to protect our local businesses – which also serves to secure service industry residents’ and musicians’ incomes.