HomeMy WebLinkAboutDocumentation_Regular_Tab 7A_1/11/1990 f=j; TEQUESTA POLICE DEPARTMENT
' � 357 Tequesta Drive40/
Post Office Box 3273
Tequesta, Florida 33469-0273 CARL R. RODERICK
Phone: (407) 575-6210 Chief of Police
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TO: THOMAS G. BRADFORD, VILLAGE MANAGER
f- 0
FROM: CARL R. RODERICK, CHIEF OF POLICE HIV
DATE: 12-08-89
SUBJECT: NOISE ORDINANCE AMENDED.
Recently, our officers investigated complaint which involved a
violation of the current Noise Ordinance * 199 section 12-1. The,
noise source was an A/C unit in operation directly behind the
complainants home. The departments noise meter operators were
instructed to check the complaint and found that the A/C unit was in
fact measuring 62 to 63 decibels.
Our Ordinance states that 40 decibels maximum, are allowed in the
residential sections and that Seven ( 7) points be deducted after
6: 00PM during week days and all day Sunday and holidays, bringing the
maximum allowable reading down to 33 decibels.
Not only was the violators A/C unit over the limit, but the
complainants was also reading 50 decibels as well as another neighbors
at 56 decibels.
The departments certified noise meter operators feel that the
Tequesta Ordinance levels are to low to be enforced in court. This
decision is based on the Palm Beach County ordinance and other police
agencies that have ordinance noise levels at 60 maximum and 55 after
11: 00PM which have been enforced favorably in court.
' I' have therefor requested the Village Attorney address the matter
and feel that the attached amendment proposed is satisfactory and fair
for the residents of the Village.
Basically, the amendment would raise the maximum level of
sustained noise from 40 to the 60 decibel level, dropping to 55 after
11: 00PM and on Sundays and Holidays.
r y
• JONES, FOSTER, JOHNSTON & STUBBS,. P.A.
ATTORNEYS AND COUNSELORS
FLAGLER CENTER TOWER
505 SOUTH FLAGLER DRIVE
ELEVENTH FLOOR •
P:O. DRAWER E R.BRUCE JONES
LARRY B ALEXANDER MICHAEL T KRANZ WEST PALM BEACH, FLORIDA 33402.3475 ' '
988
GEORGE H BAILEY BLAIR R LITTLEJOHN III HENRY F LILIENTHAL
KEVIN C BEUTTENMULLER JOHN M LeROUX . (407)659-3000 1902.1082
MICHAEL D BROWN JOHN BLAIR McCRACKEN FAX: 4O •
RUTH P CLEMENTS • PAMELA A MCNIERNEY ( 7)632'1454
SCOTT M COLTON TIMOTHY E.MONAGHAN HARRY ALLISON JOHNSTO,.
MARGARET L.COOPER GUY RABIDEAU • I8961 NJ
REBECCA G DOANE JOHN C RANDOLPH •
• RANDY D ELLISON ANDREW R.ROSS -^ RETIRED L MARTIN FLANAGAN STEVEN J.ROTHMAN
• SCOTT A GLAZIER PETER A.SACHS •
r LIAM A FOSTER
LORI E.HANDELSMAN JOEL T STRAWN WRITER'S DIRECT LINE: y
. SCOTT G HAWKINS SIDNEY A STUBBS JR ..�
THORNTON M HENRY ALLEN R TOMLINSON -
PETER S HOLTON JOHN S TRIMPER /�^r L TION
HARRY A JOHNSTON.II . MICHAEL P WALSH &
AVE.
MARK B KLEINFELD PAUL C.WOLFE WEAVER ` y.� Y BEACH FTH OA S:f‘6]
CHARLES B KOVAL MARC S WOOLF December 6 1989 ,—. . ���-
., 9
�.Le.
•
Mr. Thomas G. Bradford •
Village Manager
Village of Tequesta • % r�• •; ,
Post Office Box 3273 � �'"
Tequesta, Florida 33469 .
RE: Village of Tequesta
• Noise Ordinance •
Our File No. 13153 .1
•
•
Dear Tom:
In order to accommodate the request the Chief •
Roderick, I have further amended the Noise Ordinance •
. to incorporate the requested change in time from 6 :00
• p.m./7 :00 a.m. to 11 :00 p.m./7 :00 a.m. and the subtracted
decibel number change from 7 to 5 . •
Very tru yours,
•
•
10 •hn C. Randolph •
JCR/ss
Enclosure
cc: Carl R. Roderick, Chief of Police
•
ORDINANCE NUMBER
AN ORDINANCE - OF THE VILLAGE COUNCIL OF •
THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, • : .
FLORIDA, AMENDING 'SECTION 12 .2 OF THE
VILLAGE CODE OF ORDINANCES PROVIDING FOR
HIGHER NOISE, DECIBEL LEVELS;. PROVIDING
FOR SEVERABILITY; "PROVIDING FOR '
CODIFICATION; AND PROVIDING AN EFFECTIVE
DATE. •
BE IT ORDAINED BY THE VILLAGE . COUNCIL OF THE VILLAGE
OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS.:
Section' 1 . Section 12-2 ( c) , Classification of Use
Districts, Subsection ( 3 ) , of the • Village Code •of
Ordinances is hereby amended to read as. follows:
" (3 ) . The limits :hereinabove referred to shall ' be .
in accordance' with the following table:
-Table I of • subsection (3 ) of this section.
DISTRICTS
•
Decibels on the "A" weighing scale -
R1A, R1 , •R2 ,' R3 Cl and C2 •
60 60
Section 2 . Section 12-2( c) , ' - Classification of Use
Districts, Subsection „ (5 ) , of the Village Code ,of •
Ordinances is hereby amended to read as follows:
•
" (5) If the noise occurs between the
hours of 11 :60 p•.m. and 7 :00 a.m. ' '
on, Monday through Saturday 'or ' at '
any time on ' Sunday or . holidays, .
five (5 ) shall be subtracted from '
each of the, decibel . _levels given
• in table I of subsection (3 ) of
•
•
'� . .
THE FOREGOING ORDINANCE WASOFFERED` by Councilmember
. ., - who moved • its. adoption.
The Ordinance , was seconded ' by. Councilmember
, and upon being ; put to. a
• • . ' . , vote• the vote was as follows:
• ' FOR ADOPTION' ' AGAINST ADOPTION
•
•
•
. The Mayor thereupon declared the Ordinance duly 'passed - '
• • and adopted this day of
1989 . ;: ,
MAYOR OF TEQUESTA
•
••, . . . " Joseph N. Capretta
ATTEST.; ,
t:
Bill C. Kascavelis
Village Clerk ;