Fort Walton Beach Council agenda — 01-25-11 special — reading text

Prohibit Prohibit ganggang clothinclothin h paraphernalia,paraphernalia, etc.etc. aa schoolschool Document Document andand removeremove allall graffitigraffiti fromfrom thethe schoolschool propertyproperty F. C ee ortort allall ganggang activityactivity toto avvavv F-F-rlforcermentrl:forcerment : l . 00 rr M, enen intervention intervention isis necessarynecessary e'e'" " EducateEducate parentsparents andand studentsstudents onon drugdrug andand ganggang prevention prevention vv"e"e opop aa communitycommunity strategystrategy againstagainst gangs.gangs.  City Council of Fort Walton Beach CITY MANAGER MEMORANDUM To: Robert T. Meares, City Manager From: Robert Mearns, City Manager Date: January 25, 2011 Subject: Noise Ordinance L BACKGROUND: 1. 1. The current noise ordinance was adopted in 1985 and defines prohibited noises by type, not by modern metrics of magnitude or any quantifiable numeric rating such as decibel levels. 2. DISCUSSION: 2. 1. Generally, in municipal law, that which is not prohibited is permitted, hence if a certain type of noise is specifically not listed as prohibited, it is permitted, regardless of the volume level or tone. 2. 2 The current ordinance should be replaced with objective and quantifiable standards that will address any noise issue. 2. 3 The levels of acceptable sound volume have been researched and the ordinance contains generally accepted standards as contained in the ordinances of surrounding communities. 3. FINANCIAL INFORMATION: 3. 1 As staff drafted the ordinance there has been no direct costs. If approved there will be a one time expense of approximately $ 550 for the measuring device and calibrator. 4. RECOMMENDATION: 4. 1. Direct staff to place the ordinance on the February 8, 2011 agenda for consideration. ATTACHMENTS: Noise Ordinance Background Information ( DOC) Draft Noise Ordinance ( DOC) SIGNATURE BLOCK: Robert Meares Completed 01/ 14/ 2011 8: 40 AM Carole Jones Completed 01/ 14/ 2011 8: 53 AM City Manager Completed 01/ 14/ 20118: 57 AM City Council Pending  CITY OF FORT WALTON BEACH, FLORIDA MEMORANDUM Office of the City Manager DATE: January 14, 2011 TO: Honorable Mayor and Council Members FROM: Robert T. Mearns, City Manager SUBJECT: Noise Ordinance Background Information as v cc 1. Background L 0 1. 1.The below legal treatise on noise ordinances was excerpted from Guidelines for Drafting a Noise a) 0 Control Ordinance from the law firm of Kittredge, Donley, Elson, Fullem & Embick, L.L.P. as found on 5 Z the FindLaw website. While it is somewhat lengthy, its sets forth the legal validity for enacting such an cn ordinance. 1. 1. 1. The remainder of this memo gives examples of what noise levels are and what the decibels relate to; and provides the ordinances in surrounding communities in Okaloosa County that have noise ordinances in their City Codes. Guidelines for Drafting a Noise Control Ordinance As the population increases and expanding metropolitan areas and more efficient modes of transportation continue to push residential communities further into areas formerly characterized as " rural ", noise control will likely become a more prominent issue for all local communities and their governments. Noise produced by human activities has been increasingly recognized as a serious and growing environmental and health problem. Noise pollution has been implicated in a variety of health disorders, ranging from stress and hypertension to permanent hearing loss. Additionally, noise has been demonstrated to cause psychological problems: "[ ejven moderate levels of noise can heighten anxiety, decrease the incidence of cooperative behavior, and increase the risk of hostile behavior in experimental subjects. i1 Local communities will be in the vanguard of efforts to address noise pollution, since environmental groups thus far have all but ignored the issue with the exception of airport noise.? Noise is therefore, probably the most localized form of pollution and unlike most other forms of pollution, its immediate short-term effects do not range beyond local jurisdictions. As a result, noise is almost never seen as a national, or even a statewide issue!. For example, the U.S. Environmental Protection Agency ( "EPA ") has indicated that only a handful of states have on -going noise abatement programs!. Noise pollution control is therefore, a problem for local government to address. Existing local ordinances directed at noise control are generally oriented toward limitations on the level of noise emissions. Local governments may enact ordinances in an attempt to control noise produced by commercial and non -commercial activities ( industry, motor vehicle traffic, race tracks, etc.). Although the focus of this article will be municipal ordinances, other means of controlling noise pollution " include land use planning ( zoning, subdivision regulation, and site design review), environmental impact assessment, real estate disclosure requirements ( related to noise levels on real property), and impact fees based on the i' levels of noise emissions.  4,1. a When a local community recognizes that there currently exists undesirable noise intrusion within the community, or that potential sources of noise pollution are imminent and that some control or means of abatement are therefore necessary, an assessment and classification of the community's existing and potential sources of unwanted noise, as well as the peculiar, subjective responses of its citizens, should be made. Experience has shown that simply enacting an ordinance is not enough unless ( 1) the new law is 2) there is a capable supervision and enforcement agency in place, and ( 3) reasonable, realistic and clear, ( 6 there is a straight -forward, practical and economical approach to solving the noise problem. When a municipality undertakes to draft an ordinance to control noise, the following elements must be considered: ( 1) authority to enact the ordinance; ( 2) potential conflicts with state and federal constitutions; 3) qualitative vs. quantitative noise ordinances; ( 4) establishment and measurement of noise levels; and 5) specific provisions to include in the ordinance. Each of these considerations will be discussed below. as 1. 2. Authority To Enact Ordinances An ordinance is a legislative enactment by the corporate authority of a municipal corporation. The O authority to enact general regulatory ordinances is generally founded upon the police power of the state as o delegated to the municipality. When drafting any ordinance, it is first necessary to determine whether the Z particular municipality concerned has the authority to legislate on the subject matter involved. The powers of a municipality are delegated powers and the municipality has no legislative authority except as T' granted by constitutional or statutory provisions. In Pennsylvania, the power of a municipality to enact ordinances is dependent upon its classification. For instance, in a township of the second class' -, the board of supervisors may adopt ordinances in which general or specific powers of the township may be exercised, including the assessment of fines not exceeding one thousand dollars ($ 1, 000. 00) for a violation of a health, fire or public safety ordinance and noise pollution violations. 53 P. S. Section 66601 ( a) and ( c). g Pennsylvania courts have held that a municipal ordinance is presumptively valid and municipal officers are presumed to have acted in good faith in passing an ordinance. Bilbar Construction Co. v. Easttown TM.,393 Pa. 62, 71, 141 A.2d 851 ( 1958); Lutz v. Armour, 395 Pa. 576, 578, 151 A.2d 108 ( 1959); Township of Whitehall v. Oswald, 400 Pa. 65, 68, 161 A.2d 348( 1960); Hines v. Winfree„ 182 A.2d 698 1962). A determination must also be made whether federal legislation has preempted the subject matter of the 9 ordinance, thus restricting the power of the municipality or prohibiting municipal regulation. Generally, in the area of noise pollution, EPA merely provides recommendations for the enactment and enforcement Lo- of local regulations.- Local governments, however, are prohibited from regulating railroad and motor H carrier noise sources for which EPA standards exist, even by means other than noise emission standards. Local governments can, l? however, enforce EPA regulations by adopting local laws or ordinances identical to EPA regulations. In the area of noise pollution control, local authorities have wide discretion as to what