About these ads

City Implementing Another Unconstitutional Law? | City Of Tallahassee Is Crafting Its First Noise Ordinance AFTER Supreme Court Ruling

City is crafting its first noise ordinance

Jan. 18, 2013 11:58 PM,   | The Tallahassee Democrat  

Tallahassee has no noise ordinance. So city police have relied on state statutes to ticket such things as drivers who play their car radios too loud.

But the December decision by the Florida Supreme Court to strike down the state’s noise ordinance, because it conflicted with First Amendment rights, has spurred Tallahassee officials: They are now crafting the city’s first comprehensive noise ordinance.

Assistant City Attorney Hetal Desai presented the preliminary outlines of a noise ordinance Wednesday night during a meeting about the Cascades Park amphitheater. Desai said the ordinance would establish maximum sound levels for residential, non-residential and special district locations.

She said the ordinance will address house party noises, construction noises, TV/radio noises from homes, loudspeakers at commercial and residential locations, home/car alarms and heating/AC equipment noises (animal noises are already covered under animal nuisance laws).

She said it would not cover crowd noises, church bells, street sweepers, trains, buses, airports — or moving vehicles (in accordance with the struck-down state ordinance).

She said the proposed maximum sound allowed in the city would be 85 decibels — the equivalent of a busy urban street corner — which would likely be allowed only in special districts.

Desai showed a preliminary list of a dozen special districts, which would include Cascades Park, Midtown, Gaines Street and downtown.

She said police would carry meters to measure noise when investigating complaints. Violators would earn civil fines (and property liens if they fail to pay).

Desai said the city attorney’s office hopes to present its recommendations by February, seek public comment, bring a final draft to the City Commission this summer and implement the ordinance by January 2014.

But she also noted it took two years and 23 drafts for St. Augustine to simply amend its noise ordinance in 2011.

About these ads

Subscribe

Subscribe to our RSS feed and social profiles to receive updates.

No comments yet.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Connecting to %s

Follow

Get every new post delivered to your Inbox.

Join 75 other followers

%d bloggers like this: