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SoWal Noise Ordinance

Lane Rees avatar
Beach Lover
6,864 views
I was at Smiling Fish this week meeting a lady who had been very active for a noise ordinance in Walton County. One was passed for South Walton but the northern commissioners did not support for the whole county. What are your thoughts on how the one is doing for the south end of the county and should it be extended for all of the county?

Replies

42
elgordoboy avatar
Beach Fanatic
#27
Re: Noise Ordinance

I jumped to a very long distance conclusion. So sorry. This darn empty chair thing has got me frazzled.
Under those circumstances it could happen to anyone. Understood.
jack S avatar
Beach Lover
#28
Re: Noise Ordinance

I think that people complain about party noise because they think something can be done. Most people do not complain about construction noise because that's the sound of greed, and they are just wasting breath.
SGB avatar
Beach Fanatic
#29
Re: Noise Ordinance

At the meeting for this, there was a lady living in BM complaining about the noise at one of those big condo things that they build.

This lady (a friend of mine) was rightfully complaining. It was when they were building the condos with the blue roofs (village of blue mountain?) and they were working late into the night, past her children's bedtime, and with bright lights. It was a real problem for them.
NotDeadYet avatar
Beach Fanatic
#30
Re: Noise Ordinance

At the meeting for this, there was a lady living in BM complaining about the noise at one of those big condo things that they build.

I know one woman who lived in White Cliffs while Adagio was being built. She was instrumental in getting the noise ordinance passed. Another woman with school age kids who lived there spoke at several BCC meetings. At the time, construction was going on all night long. With those backup beepers and flood lights. Her kids got sick.
Barking dogs have been a problem off and on also. Years ago, before anyone even thought about a noise ordinance, I had a neighbor who would tie her Doberman to her front porch every evening and go off to work the night shift at Tom Thumb. That poor dog, it howled all night, an ear-splitting high-pitched howl that was beyond anything earplugs could shut out. I melted down in the middle of the night after weeks and weeks of this and got nearly hysterical in the Tom Thumb. I believe I may have threatened to put the dog out of its misery. It's amazing what sleep deprivation will do to you. :blink:
Kurt avatar
Admin
#31
BCC to review noise ordinance | bcc, noise, ordinance - Local News - WaltonSun.com
"All noise ordinances are difficult enforce," said Walton County attorney Mike Burke. "Having two noise ordinances makes enforcement that much more challenging." Following the Jan. 14 meeting in DeFuniak Springs, where several government leaders, county commissioners and residents met to debate problems with noise complaints in South Walton, the county attorney made request of the Board of County Commissioners at the regular BCC meeting March 24 to review the two county noise ordinances.
Currently two separate noise ordinances are in place for Walton County, the Grayton Beach Noise Ordinance and the South of the Bay noise ordinance.
"I'd like the board to consider adopting a county-wide ordinance," said Burke.
The South of the Bay ordinance involves enforcement difficulties, according to the county attorney's office, with noise measurements requiring sound level meters, calibrations and certified operators. Burke also commented the South of the Bay ordinance is costly to enforce.
Commissioners acknowledged Burkes comments.
"I'd like the board to consider adopting the Grayton Beach noise ordinance county-wide," said Burke.
The Grayton Beach ordinance states that the noise infraction must be "plainly audible" from a distance of no less than 100 feet and within the normal hearing faculties of the designated enforcement official.
"In my district I get complaints all the time," said Commissioner Sara Comander. "I believe the board should move forward with this."
The BCC agreed and Burke will draft a new county-wide ordinance and a public hearing will be scheduled.
Smiling JOe avatar
SoWal Expert
#32
If that passes County-wide, no farmer could legally operate a tractor near the edge of his property. Few industrial employers could operate on Industrial-zoned property, I'm also thinking that the sound of construction may be illegal. Maybe I'm missing some key rules, but on the surface, that sounds like a terrible idea. Maybe that simple language of the Grayton ordinance, allows easier enforcement, which might be good for business owners and enforcement agencies. As it stands with the current Code, a business would need to purchase their own meter to see if they were in violation at any moment, and that is just a PITA.
Beach Fanatic
#33
If that passes County-wide, no farmer could legally operate a tractor near the edge of his property. Few industrial employers could operate on Industrial-zoned property, I'm also thinking that the sound of construction may be illegal. Maybe I'm missing some key rules, but on the surface, that sounds like a terrible idea. Maybe that simple language of the Grayton ordinance, allows easier enforcement, which might be good for business owners and enforcement agencies. As it stands with the current Code, a business would need to purchase their own meter to see if they were in violation at any moment, and that is just a PITA.

You're right, it's really tricky. FWIW, Walton County CE is complaint-driven, and while that's not IMHO always a great way to operate, in this case it would mean that at least there wouldn't be CE officers patrolling the county with GPS (for locating property lines) and sound meters.
Beach Lover
#34
If that passes County-wide, no farmer could legally operate a tractor near the edge of his property. Few industrial employers could operate on Industrial-zoned property, I'm also thinking that the sound of construction may be illegal. Maybe I'm missing some key rules, but on the surface, that sounds like a terrible idea. Maybe that simple language of the Grayton ordinance, allows easier enforcement, which might be good for business owners and enforcement agencies. As it stands with the current Code, a business would need to purchase their own meter to see if they were in violation at any moment, and that is just a PITA.

Who needs industry & farmers when we have China & South America? :idontno: :bang:
scooterbug44 avatar
SoWal Expert
#35
I've yet to hear of the noise ordinance being enforced or a complaint being filed where I found it reasonable.

All this seems to do is give whiners more ammo and make it harder for local businesses to operate.

People come here for the beaches, but they also come for all the venues w/ live music, great restaurants, outdoor concerts, destination weddings etc.

Sowal is a community, not a retirement community where everyone goes to bed at 9 pm.
Andy A avatar
Beach Fanatic
#36
I've yet to hear of the noise ordinance being enforced or a complaint being filed where I found it reasonable.

All this seems to do is give whiners more ammo and make it harder for local businesses to operate.

People come here for the beaches, but they also come for all the venues w/ live music, great restaurants, outdoor concerts, destination weddings etc.

Sowal is a community, not a retirement community where everyone goes to bed at 9 pm.
I am not arguing but "different strokes for different folks"
scooterbug44 avatar
SoWal Expert
#37
That's why they allow you to select your home instead of assigning you one - so you can choose according to your likes and dislikes. :biggrin:

IMO most noise ordinance complaints are like people who buy next to an airport and then complain about planes making noise. :roll:

And earplugs are like $2.50 for 15 pairs at Publix. :wave:
Andy A avatar
Beach Fanatic
#38
How could anyone call the Jazz fest music NOISE!!!They should be so lucky to hear it for free:bang:
The movement of the jazz fest to Pier Park is definitely a determent to the 30A area. Considering the level of the talent being attracted to it, the loss of financial gain and the prestige of having it in Walton County will be recognized by many at some point in the future. Pushing to have it moved was extremely short sighted to say the least.
Smiling JOe avatar
SoWal Expert
#39
Interesting that this idea of a County-wide noise ordinance comes about near the anniversary of last year's complaint of noise from the Seabreeze Jazz Festival.
John R avatar
needs to get out more
#40
Adopting the Grayton way is a bad idea, imo. SPL (sound pressure level) and decibels are quantifiable and should be the basis for any complaint filed. The fact that professional measurement devices were issued and not being utilized is the county's problem and the tools that were purchased should be being used. That effectively puts the burden of proof on county and the complainant, not the potential noisemaker. Walton continues to try to reinvent the wheel when they should just research what other counties within the state do.

Radar is being used for speeding throughout the country, adopting the Grayton way, is the same as a LEO pacing someone to determine their speed.
Smiling JOe avatar
SoWal Expert
#41
Enforcing noise and light ordinances will be difficult at best. There is no easy method, not even decibel meters nor light meters will work. The problem with those is that they will pick up all noise, and all light, with a quick possibility to having it thrown out in a Court of law. Even the sound of the ocean waves will register on the decibel meter. Light from the Full Moon also registers on the light meters. There is no easy answer to enforce, and until they come up with a fool proof one, I think they should not be arresting anyone.
Beach Comber
#42
noise ordinances are not needed in the northend IMHO.
unless CE wants to give the crickets and frogs a ticket.
Mango avatar
SoWal Insider
#43
If that passes County-wide, no farmer could legally operate a tractor near the edge of his property. Few industrial employers could operate on Industrial-zoned property, I'm also thinking that the sound of construction may be illegal. Maybe I'm missing some key rules, but on the surface, that sounds like a terrible idea. Maybe that simple language of the Grayton ordinance, allows easier enforcement, which might be good for business owners and enforcement agencies. As it stands with the current Code, a business would need to purchase their own meter to see if they were in violation at any moment, and that is just a PITA.

Coincidentally, our Board was discussing this the other night, so I did a little research. This is very informative and also gets into Constitutional Rights. Guidelines for Drafting Municipal Noise Ordinances. Unless my understanding is incorrect, it states:
"A law which purports to be an exercise of the police power must not be unreasonable, unduly oppressive or patently beyond the necessities of the case, and the means which it employs must have a real and substantial relation to the objects sought to be obtained. As the court stated in Lutz v. Armour, 395 Pa. 576 (1959):
"Under the guise of protecting the public interests the legislature may not arbitrarily interfere with private business or impose unusual or unnecessary restrictions upon lawful occupations. . . ." An ordinance cannot, under the guise of the police power, but really to effect some purpose not within its power interfere with a person's individual lawful property rights."
It appears that time limits can be set, though.

I have some issues with a noise ordinance, especially in a vacation town. If you buy a home in a community that allows rentals, there is on occasion going to be more transient noise that others. Off season, most full timers pretty much have the place to themselves. But, short of noisy parties, spring break, excessively loud bar noises, barking dogs, I would hate to see it it abused. Most families who vacation have children or older family members with them and usually quiet down by 10 pm. But, after the kids are asleep are the decibel bean counters going to be called if someone adults are outside having some wine, listening to some music, laughing and well..., enjoying their down time from the reality of life ....and all of a sudden the PoPo is showing up? Everybody has a different tolerance of noise, and those who choose to live in a community that allows rentals could be turning others off by incessant monitoring.


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