BCC Minutes 10/06/1993 S (Noise Control Ordinance) Naples, Florida, October 6, 1993
LET IT BE REMEMBERED, that the Board of County Commissioners in
and for the County of Collier, and also acting as the Board of Zoning
Appeals and ae the governing board(e) of such special d~etrtcte as
have been created according to law and having conducted bus~ness
herein, met on this date at 5:05 P.M. in SPECIAL SESSION in Building
"F" of the Government Complex, East Naples, Florida, with the
following members present:
CHAIRMAN: Burr L. Saunders (ABSENT}
VICE-CHAIRMAN: Timothy J. Constantine
John C. Norris
Michael J. Volpe (ABSENT)
Bettye J. Matthews
ALSO PRESENT: Sue Carney, Recording Secretary; Neil Dottel1,
County Manager; Ken Cuyler, County Attorney~ Martha Howell, Assistant
County Attorney; Richard Clark, Code Enforcement Supervisor; and Lt.
Byron Toml~nson, Sheriff's Department.
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October 6, 2993
Tape
(o6)
O]~/)ZIIAXC~ ~ING TH~ COLLI~,R COUNTY NOZSg CONTROL 0RDZNANCg NO.
90-17, BY PROVIDING FOR R~GULATION OF AMPLIFIED SOUND WITHIN 1000 II'N~T
O~ RZ$~D~IlTZAL U$~S - CONTINUED TO OCTOBER 20, ~995 AT 5:05 P.M.
Legal notice having been published in the Naples Daily News on
September 28, 1993 and as evidenced by Affidavit of Publication fl/ed
with the Clerk, public hearing was opened.
Commissioner Constantine stated that in May 1993, an item to ban
all outdoor amp/tried music was heard by the Board of County
Commissioners, because 95~ of the establishments with outdoor
amplified music are not a problem, an alternative solution was sought.
He noted that an Ad-Hoc Committee of six members of the industry side
of the Issue and six members representing the residents that are
affected, by the issue was formed to work with staff to find a compro-
mise.
Commissioner Constantine reported that the Committee agreed That
three basic issues must be addressed; what decibel level of sound is
acceptable; what hours are acceptable and how this ordinance can be
enforced?
Commissioner Constantine announced that a 60 decibel level of
sound, measured at or inside the property line of the complaint, was
agreed upon and the hours of 9 A.M. to 10 P.M. were decided upon.
Commissioner Constantine acknowledged that the most Important
issue is enforcement, noting that the Code Enforcement and the
Sheriff's Department are proposed to enforce this ordinoflce. He added
that it will be less expensive to use the Code Enforcement Board
rather than a court of law, also adding that a permitting process has
been proposed giving the County a mechanism through Code Enforcement
that a habitual offender could have his permit revoked.
Assistant County Attorney Howe// explained the changes and addi-
tions to the proposed ordinance. She provided a copy of a new Section
Seven for revtew.
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October 6, 1993
Commissioner Constantine asked if the changes will change the
intent of the proposed ordinance.
Assistant County Attorney Howell replied that the changes do not
effect the substance of what is being regulated, they clarify some
points.
Ms. Howell gave a brief description of Section Seven, and pointed
out the regulations for both enclosed and non-enclosed areas.
Assistant County Attorney Howell explained that any establishment
that wi.l/ have music amplified from a non-enclosed area will require a
annual permit within 30 days of the adoption of this ordinance. She
explained that the permit application will require that the mechanism
used for amplification be identified, the hours be identified and the
name of the business establishment be stipulated. She confirmed that
a $40.00 fee will be charged for the annual permit.
Ms. Howell referred to page 10 of the proposed ordinance regarding
violations and suggested modifying the permit violations so that after
the first violation the Code Enforcement Board will be presented with
a case, and if they find that a violation has occurred, a fine will be
established for subsequent violations, noting that if a subsequent
violation does occur the fine will be imposed and the permit may be
revoked for a year.
Commissioner Constantine directed that the language in Section B
now reads "revoked for the remainder of the calendar year", and
suggested that it be changed to clarify a set period of one year.
Dick Clark, Code Enforcement Supervisor, noted that one Jurisdic-
tional area ts the Code Enforcement Board and the other is Misdemeanor
Court.
County Attorney Cuyler remarked that the language reads that any
combination of either a second violation through the courts or a
violation found through the Code Enforcement Board would trigger revo-
cation of the permit.
In response to Commissioner Norris, Mr. Clark replied that an
Initial call of complaint would be with the Sheriff's Department, and
04
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October 6, 1993
they can contact him at any time.
Commissioner Matthews asked what length of time ts used when the
decibel level ts taken and does it require a sustained 60 decibel?
Mrf' Clark referred to Section 6, which states that measurement
should be taken for 10~ of a time period, which shall not be less than
l0 minutes, he stated that the section should be amended because most
songs do not last l0 minutes.
Co~mtssioner Constantine announced that it is an Interpretation of
the language tn that section that the 10~ must be continuous as well,
therefore he suggested that the language be clarified.
County Attorney Cuyler confirmed that the language will be
clarified,
Commissioner Norris remarked that the reason the ordinance ts
being amended Is because it ts difficult to enforce using decibel
readings and because decibel levels are still being used, he does not
feel that this ordinance will be any more enforceable.
Commissioner Constantine disagreed, citing that an enforcement
mechanism has been created.
Mr. Clark commented that not only has a mechanism been created,
but a 10 p.m. regulation has also been established, adding that the
permitting process may cover other areas of concern.
Commissioner Matthews remarked that low frequency music ts a major
problem, and suggested that a notation be made on the complaint form,
such as "low frequency music - decibel reading of 40", and after a
year or so enough data would be collected to be able to ascertain at
what level the low frequency sounds are Irritating.
Commissioner Constantine announced that although There are some
flaws in the decibel level readings, that amending the ordinance with
more stringent regulations Is proceeding tn the right direction.
Commissioner Norris suggested that the ordinance be reviewed after
a one year period.
Commissioner Constantine indicated that the permitting process
will put the responsibility on the business owner.
The following people spoke on the subject:
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October 6, 1993
Alice Truttt
U. E. Martin, Jr.
Donald Ashe
Start Gober
Dtckle Beck
Ernest McCormick
Jim Clark
Grady Minor
Robert E. Smith
Andrew R, Plumb
Lort Passini
Geri Waksler
$ohn Hall
Ursula E. Thompson
In response to couents made by Robert Smith, County Attorney
Cu¥1er agreed that in the future more than amplified music will need
to be addressed.
Referring to a conunent made by GerI Waksler, regarding the time
period tn which violations are accumulated toward revocation, County
Attorney Cuyler and Commissioner Constantine agreed that the language
would b~ more specifically clarified.
Referring to a request by John Hall, regarding including permits
for any establishment with outdoor music, whether amplified or not,
Assistant County Attorney Howell was dtrected to amend the ordinance
requiring a permit for non-enclosed outdoor entertainment, with no
amplification after 10 p.m.
Commissioner Constantine closed the public hearing.
Commissioner Constantine thanked everyone for their comments and
.. announced that the second public hearing will be held on October 20,
-~?" 1993 at 5:05
p.m.
r
Th~r~ being no further business for the Good of the County, the
adjourned by Order of the Chair - Ti~e: 6:55 P.M.
BOARD OF COUNTY COMMISSIONerS
BOARD OF ZONING APPEALS/EX
OFFICIO GOVERNING BOARD(S) OF
SPECIAL DISTRICTS UNDKR ITS
CONTROL
BURT L. SAUND~RS, CHAXPJ4AN
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