Nuisance ordinance

If I read article V correctly, the only places where nuisance noise will be enforced is Grayton Beach and, Chaparrel Estates, Hidden Harbors and Holiday Shores. It seems to me that this ordinance should cover the entire county. It also appears to only be concerned with amplified noise.
Sections 9-137 and 9-147 are different as to what is an offending noise.
Sections 9-139 and 9-149 indicate that measurement is subjective, by ear, and section 9-149 indicated that officers may "use a decibel reader or sound level meter as provided herein." Unfortunately, there is nothing provided 'herein' pertaining to a specified SPL or distance measurement.
Sound and distance are clearly quantifiable. Adopting an ordinance that relies on subjective measurement technique vs. quantifiable means, and not including the entire county, is a mistake in my opinion.

If I read article V correctly, the only places where nuisance noise will be enforced is Grayton Beach and, Chaparrel Estates, Hidden Harbors and Holiday Shores. It seems to me that this ordinance should cover the entire county. It also appears to only be concerned with amplified noise.
Sections 9-137 and 9-147 are different as to what is an offending noise.
Sections 9-139 and 9-149 indicate that measurement is subjective, by ear, and section 9-149 indicated that officers may "use a decibel reader or sound level meter as provided herein." Unfortunately, there is nothing provided 'herein' pertaining to a specified SPL or distance measurement.
Sound and distance are clearly quantifiable. Adopting an ordinance that relies on subjective measurement technique vs. quantifiable means, and not including the entire county, is a mistake in my opinion.

I'm not sure if you looked at the right draft. When you read this draft you also need to read Ch. 823 of Florida Statute, as it states in the draft. It lists all kinds of stuff that this ordinance would cover.

Yes, 823 is lovely and will outline what code enforcement is charged with. As I indicated above, the noise sections specific to the communities listed seems inconsistent at best.

823 covers a lot including no bonfires within 10 rods (about 165 feet) of any building.

I got an email from a group in the event industry last night. Sounds like they are getting a crowd together for the BCC meeting.

UGH!!! Here we go again!

This ordinance seems a little vague and broad reaching for my tastes. It covers litter too. I notice that nowhere, unless I missed it, in the ordinance does it mention that responding law enforcement should have and be required to have a properly working decibel meter.

I thought that too - would most of our antics qualify us for arrest based on #1's vagueness?

This ordinance seems a little vague and broad reaching for my tastes. It covers litter too. I notice that nowhere, unless I missed it, in the ordinance does it mention that responding law enforcement should have and be required to have a properly working decibel meter.

No decibel meter. If you check the "plainly audible" definition in chapter 5 or whatever it says, it is defined as "using normal hearing faculties"

So if a complaint is filed and the officer shows up and can hear ANYTHING, it's a violation?

Why do I think this is a bad idea. :roll:

So if a complaint is filed and the officer shows up and can hear ANYTHING, it's a violation?

Why do I think this is a bad idea. :roll:

I think that just means the officer uses his own hearing as opposed to a meter and makes a judgment call based on that.

I don't think that an officer using his own hearing would stand a legal lithmus test. It leaves too much open to interpretation and sets no baseline to measure against.

Yes, very bad idea IMO.

We need a quantifiable standard for legal purposes.

If only there was some easily used measuring device that we ALREADY OWN!

if memory serves me right, when this came before the BCC as a noise ordinance the Sheriff is the one that recommended the "normal hearing faculties" idea. Along with the attorney they said that it tends to hold up better in court then the meters. I'm no lawyer, so don't ask me why. But I think that that was the reasioning behind it. Keep in mind though, that this whole post is based on my memory, and I could be ccompletely wrong.

Quiet neighborhood, and 8:22AM on a Sunday, a neighbor cranks up AC/DC on his outdoor speakers that he just ran and installed with 'monster cable.' Tried calling him, but he couldn't hear the phone ringing....go figure. Watied a few minutes, then called the police.....judgment was that dispatch could plainly hear the music and sent a cop straight away. Caused a big ol' commotion - he claimed he didn't realize the outdoor speaker switch had been flipped.

Plus, there were some comments that the police always show up at his house, etc, etc...... I steered clear! But, we never heard his music again!

Anyone heard anything about a meeting at SW High School on Monday to discuss this issue with the powers that be? I was told there would be a meeting in the auditorium, but no time was given.

Anyone heard anything about a meeting at SW High School on Monday to discuss this issue with the powers that be? I was told there would be a meeting in the auditorium, but no time was given.

I haven't seen a notice about it anywhere, but according to a letter to the editor in the Feb. 11 DeFuniak Herald, the meeting is supposed to start at 2 p.m. on Feb. 15 at the South Walton High School auditorium.

Thanks for the info. I wonder why no advertising for the meeting? I hope to see a lot of people there today. This is a very important issue for everyone.

Thanks for the info. I wonder why no advertising for the meeting? I hope to see a lot of people there today. This is a very important issue for everyone.

It is puzzling. I certainly did not see any notice, email or press release about the meeting, which I assume will take place per the info in the letter to the editor. We will need to be more proactive in keeping up with any future meetings on this topic. As you said, it is on an issue that is important to everyone.

We found out yesterday that the meetings that are being held now between the wedding industry representatives, residents, and others are not regular county workshops but roundtable discussions, which was the reason given why they were not publicly advertised. They plan to meet weekly up until time for the nuisance ordinance to be presented to the county commission in public session on March 9. Their goal is to have a set of recommendations that all parties can agree on to present to the commissioners. The people participating in the roundtables are ones who had either contacted commissioners with concerns about the ordinance or had contacted Dawn Moliterno, who is facilitating the discussions. She said they are trying to keep the working group to a manageable size but also that anyone interested in participating in the discussions is welcome to contact her at dawn@waltonareachamber.com.

Quick question - if they are regularly renting out homes as commercial venues for weddings (which would certainly piss me off as a neighbor), don't they have to be in a commercial zone?

Quick question - if they are regularly renting out homes as commercial venues for weddings (which would certainly piss me off as a neighbor), don't they have to be in a commercial zone?

It's my understanding that homes in residential land use areas are being rented out for weddings and other events.

Yes, but a "for hire" wedding venue is not a residential use.

Not necessarily to disagree, but rule making can get complicated. If you live in a residential area and your son or daughter wants to have a wedding at your house, there's nothing barring that. If you are a home renter rather than owner, that can still legally happen. If a friend want to get married at your home, that would be OK too with your permission. Renting a home out for weddings does seem like a different ball game, but where would you draw the line as far as the rules go? I think that's what has been wrestled with for some time with this situation.

What is the standard used in other situations where people are running a commercial business out of a residential property?