HOLMES BEACH – City leaders are once again modifying the Holmes Beach noise ordinance in a bid to try to reduce excess noise in residential areas.
Commissioners voted unanimously on Aug. 10 to pass the first reading of an amendment to the city’s noise ordinance that adds language defining the term “plainly audible” and requires any mounted speakers to be pointed toward the home where they’re located instead of toward neighboring properties.
When considering the updates to the noise ordinance, commissioners sought the advice of attorney Erica Augello, who represents the city on code compliance matters.
Augello advised commissioners to remove language from the proposed update to the ordinance that would give officers too broad a reach when determining who the offender is in a noise violation. She said the proposed language would be unenforceable because it basically includes everyone in any way associated with the noise, from the person turning up the volume on a stereo to the company that made the speakers.
Another issue she found with the proposed ordinance changes was in the speaker direction specification. After some discussion, commissioners agreed to go with language that specifies that mounted speakers have to be pointed inward toward the property where they’re being used. Augello said specifying all speakers need to be pointed inward toward the property creates an enforcement issue because some speakers are portable and have a 360-degree shape, meaning they amplify sound on all sides. She added that it also becomes an issue for officers responding to a noise complaint in that they cannot enter a property to check the placement of speakers unless allowed on the property by the occupants.
In the language concerning the addition of the use of “plainly audible” as an enforcement tool for officers responding to noise complaints, the ordinance changes specify that the plainly audible tool can be used during nighttime and early morning quiet hours and that the offending noise must be easily heard by responding officers from a distance of 100 feet from the property line.
Commissioner Kim Rash said he’d like to see that distance reduced to 25 or 50 feet from the property line, however, Augello said it becomes more difficult to defend a case before a special magistrate or in court at a shorter distance. Police Chief Bill Tokajer said officers may be able to hear the noise from a closer distance and can use a different enforcement tool, such as the seven standards already in the ordinance for determining if noise is too loud or not.
Commissioners also agreed to have city staff look into a way that noise nuisance properties can be dealt with in a way other than fining different short-term vacation renters each week.
Commissioner Jayne Christenson said just fining a different group of renters each week will not change the overall behavior at rental homes.
The proposed changes to the noise ordinance will go back before commissioners for a final vote and a second public hearing during an upcoming regular meeting.
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