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MEETING DATE:
AGENDA ITEM:
CASE:
ORDINANCE NO.:
REQUEST:
INITIATED BY:
COMMUNITY DEVELOPMENT BOARD
PLANNING AND DEVELOPMENT DEPARTMENT
STAFF REPORT
July 15, 2014
H.1.
TA2014-00002
8570-14
Review, and recommendation to the City Council, of an
amendment to the Community Development Code.
City of Clearwater, Office of the City Attorney
BACKGROUND:
Rumbling or reverberating rhythmic bass type sounds can become an annoyance to persons who
travel by motor vehicle throughout the city or who are located within their residences. One of
the amendments would clearly include those types of sounds within Section 3-1508, Community
Development Code (CDC), of the noise ordinance.
Additionally, because the courts have held that amplified music is a form of communication and
expression protected by the First Amendment, the proposed amendments will fortify the noise
ordinance against constitutional attack. For example, the Florida Supreme Court held that the
State of Florida's noise statute prohibiting sounds heard 25 feet or more and coming from motor
vehicles was unconstitutional because those engaged in political or commercial activities while
using a sound truck, for example, were exempted from the noise statute.
Similarly, the preferential treatment in Section 3-1508.D.6., CDC, afforded to noise coming from
religious worship activities regardless of how disturbing the noises are to reasonable persons of
ordinary sensibilities could subject the ordinance to an attack under the Equal Protection Clause
of the Federal and State Constitutions. For example, currently, the exception would arguably
allow a church to ring bells at 2:00 a.m.; and police could not take any action because of the
exemption contained in the ordinance.
The exemption for religious worship activities is unnecessary because a police officer will
always be making a determination if a sound is so loud as to be disturbing to reasonable persons
of ordinary sensibilities. Thus, it is difficult to conceive of a situation where a church was
engaged in routine worship activities that would ever meet the threshold of becoming a noise
violation: that is, that a reasonable person of ordinary sensibilities would find the activity to be
disturbing. Moreover, the intent clause added to Section 3-1508.A., CDC, clearly states that "[i]t
is the intent of this section to regulate unreasonably excessive noise and not to interfere with or
unduly burden the exercise of a person's freedom of speech, expression, or religion."
ANALYSIS:
Proposed Ordinance No. 8570-14 includes the following amendments:
� 1.il�aJl.�l�e� Cammunity qevelnpme�t Code Text Arnendment.
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PLANNING & DEVEIOPMENT; AND,
OFFICE OF THE CITY ATTORNEY
l. Amends Section 3-1508.A., CDC, to clearly state that the noise ordinance is intended only
"to regulate unreasonably excessive noise and not to interfere with or unduly burden the
exercise of a person's freedom of speech, expression, or religion."
2. Amends Section 3-1508.B.5., CDC, to clarify that rumbling or reverberating rhythmic bass
type sounds are included within the types of sounds covered by the noise ordinance.
3. Amends Section 3-1508.D., CDC, to clarify the sounds relating to the existence of an
emergency and the procedures for obtaining a special events permit and to delete the
exception pertaining to religious worship activities.
CRITERIA FOR TEXT AMENDMENTS:
Section 4-601, CDC, sets forth the procedures and criteria for reviewing text amendments. All
text amendments must comply with the following:
1. The proposed amendment is consistent with and furthers the goals, policies, and
objectives of the Comprehensive Plan.
A review of the Clearwater Comprehensive Plan identified the following Goal which will be
furthered by the proposed Code amendments:
Goal A.3 The City of Clearwater shall ensure that all development or redevelopment
initiatives meet the safety, environmental, and aesthetic needs of the City through
consistent implementation of the Community Development Code.
The proposed amendment will ensure that noise generated by individuals within the City will
be below a reasonable threshold.
2. The proposed amendments further the purposes of the Community Development Code
and other City ordinances and actions designed to implement the Plan.
The proposed text amendment will further the purposes of the CDC in that it will be
consistent with the following purposes set forth in Section 1-103.
It is the purpose of this Development Code to implement the Comprehensive Plan of the city;
to promote the health, safety, general welfare and quality of life in the city; to guide the
orderly growth and development of the city; to establish rules of procedure for land
development approvals; to enhance the character of the city and the preservation of
neighborhoods; and to enhance the quality of life of all residents and property owners of the
city (Section 1-103.A., CDC).
The proposed amendment will ensure that businesses providing amplified and live music will
operate without becoming a public nuisance.
SUMMARY AND RECOMMENDATION:
Community Development Board — July 15, 2014
TA2014-00002 — Page 2
° Clearwater ��,�,� o��e�p�nt � T� �„�,�,t PLANNING & DEVELOPMENT; AND,
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OFFICE OF THE CITY ATTORNEY
The proposed amendment to the Community Development Code is consistent with and will
further the goals of the Clearwater Comprehensive Plan and the purposes of the Community
Development Code. Based upon the above, the Planning and Development Department and the
Office of the City Attorney recommend APPROVAL of Ordinance No. 8570-14 that amends the
Community Development Code.
Prepared by Office of the City Attorney Staff: ��
Robert J. Surette,
Assistant City Attorney
ATTACHMENTS: Ordinance No. 8570-14
Community Development Board — July 15, 2014
TA2014-00002 — Page 3
ORDINANCE NO. 8570-14
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, RELATI�yG TO NOISE; AMENDING SECTIOR
3-1508 A, CLEARWATER COMMUNITY DEVELOPMENT
CODE, TO CLARIFY THE PROHIBITED NOISES;
AMENDING SECl'ION 3-1508 B 5, TO CLARIFY TH�
PROHIBITED SOUiVD THAT IS EMITTED BY RADIOS,
AMPLIFIERS, AND OTHER SOUND PRODUCING
DEVICES; AMENDING SECTION 3-1508 D TO CLARIFY
THE SOUNDS RELATING TO THE EXISTENCE OF AN
EMERGENCY AND THE PROCEDURES FOR OBTAINING
A SPECIAL EVENT PERMIT AND TO DELETE THE
EXCEPTION PERTAINING TO RELIGIOUS WORSHIP
ACTIVITIES; PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. Section 3-1508 A, Section 3-1508 6 5, and Section 3-1508 D,
Clearwater Community Development Code, are amended to read as follows:
Section 3-1508. Noise.
A. Prohibited generally. It shall be unlawful for any person to willfully make, continue or
cause to be made or continued any loud and raucous noise that throuqh unaided,
ordinary auditory senses can be heard upon the public streets, sidewalks, or rights-
of-way, in any public park, in any school or public building, in any church or hospital,
or in any occupied dwelling and that can be heard at a distance of 100 feet or more
from the source of the noise, measured in a straight line from the radio, loudspeaker,
motor, horn, or other noise source. The term "loud and raucous noise" shall mean
any sound which because of its volume level, duration and character, annoys,
disturbs, injures or endangers the comfort, health, peace or safety of reasonable
persons of ordinary sensibilities within the limits of the city. The term includes, but is
not limited to, the kinds of loud and raucous noise generated by the activities
enumerated in subsection B when the loud and raucous noise through unaided,
ordinary auditory senses can be heard at a distance of 100 feet or more from the
source of the noise, measured in a straight line from the radio, loudspeaker, motor,
horn, or other noise source, but not including activities enumerated in subsection D
of this section. It is the intent of this section to requlate unreasonably excessive
noise and not to interfere with or unduly burden the exercise of a person's freedom
of speech, expression, or reliqion.
Ordinance No. 8570-14
B. The following noises, as limited by Section 3-1508 A, are declared to be public
nuisances in violation of this section:
*****
5. Radios, amplifiers, phonographs, etc. �e U�+sing, operating or permitting to
be played, used or operated any radio, amplifier, musical instrument,
phonograph, music player, or other device for the producing or reproducing of
sound such that the speech or music, includinq a rumblina or reverberatinq
rhythmic bass type sound, emitted by the device creates �° "�°^+if�r,hle ;.,
a loud and raucous noise.
*�***
D. Exceptions. The term "loud and raucous noise" does not include noise or sound
generated by the following:
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1.� Radios, sirens, horns and bells on police, fire and other emergency response
vehicles, including the emission of any other sound for the purpose of alerting a
person of the existence of an emerqency;
2.�Parades, fireworks displays, outdoor music performances and other special
events for which a permit has been obtained from the City pursuant to Division 2.
Article III of Chapter 22, Clearwater Code of Ordinances, within such hours as
may be imposed as a condition for the issuance of the permit;
3.4.Activities on or in municipal and school athletic facilities and on or in publicly
owned property and facilities, provided that such activities have been authorized
by the owner of such property or facilities or its agent;
4.5:Fire alarms and burglar alarms, prior to the giving of notice and a reasonable
opportunity for the owner or tenant in possession of the premises served by any
such alarm to turn off the alarm;
ra�r .
5.� Locomotives and other railroad equipment, and aircraft.
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Ordinance No. 8570-14
Section 2. This ordinance shall take effect immediately upon adoption.
f�ASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
George N. Cretekos
Mayor
Approved as to form: Attest:
Robert J. Surette Rosemarie Call
Assistant City Attorney City Clerk
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Ordinance No. 8570-14