County Debates Details of Proposed Noise Ordinance

BRADENTON – At Wednesday's BOCC work session, commissioners were presented with the new version of the Manatee County Noise Ordinance. The new ordinance (16-08) has few changes, but the county says that the language in it defines a more defensible position.

County Attorneys Geoffrey Nichols and Anna Morris took on the project to rewrite the ordinance. Nichols said they really didn't change much at all; that the problem with the current one (13-05) is difficult language when it came to arguing constitutional law in some instances. Nichols said they did add a section that includes auto audio noise at the request of the Manatee Sheriff's Office and some of the commissioners.

"Now that the crimps are out of the ordinance, the county will be more likely to (successfully) defend it in court," said Nichols. Generally, nuisance complaints are difficult to prove in a court of law.

The work session brought the commission, the Sheriff's Office, Code Enforcement and the State's Attorney's Office together for a briefing of the proposed ordinance.

It is almost always a Sheriff's deputy that answers loud noise complaints in unincorporated Manatee County. In the new ordinance, the procedure will be: first, a warning, and if they refuse to respond, those cited will be fined $250.

If after the first warning is on record, officers are asked to return on a later date, they will then be fined $250. Once each additional call there after is confirmed to also be in violation of the ordinance, a $500 fine will be given to the violator.

Questions arose as to what instruments would be used to measure the proposed 65 decibels (dB) limit. Representatives from MCSO said they have six class-one meters, which are the standard used in U.S. Courts.

The Manatee Chamber of Commerce had representatives at the session who submitted a letter questioning some of the measures by which the fines will be based. Representative Ben Bakker presented the letter and read from it the key issues of concern.

"The Chamber recommends the county analyze the negative and counter productive impact the noise ordinance may have on the type of life, work, play developments we have worked for years to create." Bakker told the Commission.

Bakker cited a survey the chamber performed that questioned hundreds of participants. Bakker asked the proposed 65 dB and 10 p.m. cut time be moved to a more realistic level and time. The Chamber is requesting, on weekends, the noise level be set at 80 dB, and the cut off time be midnight.

There was a lot of talk about entertainments areas, where more noise is acceptable. The urban-infill areas being targeted for more flexible development were discussed as well.

Local municipalities will be able to opt-out of the ordinance. So far, the City of Palmetto says they are satisfied with what they have.

IMG Sports Academy may or may not end up somewhat exempt as it was in the 13-05 ordinance. Complaints to the lights and noise that come from their grounds are not uncommon, and in the past ordinance, the academy was treated the same as a public high school.

A final draft will now be constructed. The ordinance will then be scheduled for a public hearing, with a final presentation to follow before the BOCC votes on whether to adopt it.