Council Struggles with Noise Ordinance

For well over a year now, noise and its impact on neighbors in single family neighborhoods and beyond have been issues discussed both inside Marco Island City Council chambers and outside in the community.

The city has spent thousands of dollars both for training to recognize it and equipment to measure it.  At the July 19 meeting, Council once again adjusted the city’s noise ordinance when it approved an amended ordinance which would make a number of changes.

During that meeting, Police Chief Tracy Frazzano discussed some of the historical data being used to support the changes she would be recommending. Some of the data introduced included the following:

• 374 calls received so far this year.
• 216 of those calls received were from unique numbers.
• 109 were repeat numbers.
• 49 were anonymous callers.

One number called 17 times on three different addresses. Only one of those calls was deemed verifiable.

Two phone numbers called nine times, one with two verified and the other with four verified complaints.

During the Chief’s presentation, she explained the department utilizes a standard which defines “plainly audible” for when officers will issue warnings or citations for a violation. “Plainly audible” is defined as any sound that clearly can be heard and understood by a reasonable person using ordinary auditory senses, so long as those senses are not enhanced by any devices. That standard is in effect from 8 PM to 7 AM within 50 feet from a property line or within a fully enclosed structure or residence on any receiving property.

Chief Frazzano recommended the following adjustments to the code:

Move time period for “plainly audible” from 8 PM to 11 PM.

Increase daytime decibel levels from 66 to 70 in residential zones.

Change times associated with decibels in residential zones to match commercial zone times: 7 AM - 9 PM and 9 PM – 7AM.

Continue current fine efforts.

Considerable discussion ensued, with several councilors questioning whether the ordinance and its subsequent details were effectively being applied and questioned the decibel level application.

In the end, council voted 4-3 to approve the department’s suggestions. Vice Chair Babrowski, and  Councilors Blonna and Rola, opposed. Council Chair Grifoni, Councilors Brechnitz, Folley and Irwin approved the changes.

Council will have a second reading of the ordinance at its August 16 meeting in council chambers, starting at 5:30 PM