Chair Schaefer read the Ordinance title and opened the Public Hearing.
Margie Motzer, 305 56th Street, thanked the City Commission for all the work on the Noise Ordinance feeling it will be helpful for the Police Department and Code Compliance to be successful with both the neighborhoods and the courts. She felt there was one more thing because 'vagueness' being referenced and been referenced in many cases.
Ms. Motzer referred to her email sent to each of the City Commissioners prior to the meeting. She then provided quotes from the Holmes Beach/Kaleta case.
Ms. Motzer felt there was a simple remedy to further clarify the Ordinance and brought attention to Sec. 30-55. (2). She asked that her change be made to protect the residents.
Chair Schaefer pointed out that City Attorney Augello had not yet arrived for the meeting and would feel more comfortable discussing Ms. Motzer's suggestions relating to the 'vagueness' that she found in her research when she arrives.
Mayor Titsworth noted she unfortunately did not get a copy of the email sent by Ms. Motzer that was provided to the City Attorney. She asked that she be copied on Ms. Motzer's future emails so she can get staff feedback prior to the meeting.
Ms. Motzer felt the Ordinance as written would allow an Officer to decide if the noise was loud, raucous, or jarring before issuing a violation. If the City were to adopt the Miami Shores language, she believes it would protect the City in the courts and in the neighborhoods.
Chair Schaefer closed the Public Hearing and postponed Item 7.a. until the City Attorney's arrival.
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After completion of Agenda Item # 8 and the arrival of City Attorney Augello, Chair Schaefer reopened discussion and Public Comment.
Margie Motzer, 305 56th Street, read her recommended change to the proposed Ordinance based on the Miami Shores Ordinance.
City Attorney Augello had not considered that change prior to the meeting but after review she did not feel the change was needed. The City Commission had agreed to utilize a portion of the Miami Shores Ordinance plus portions already in the Holmes City Code that the court felt to be vague and ambiguous. She reminded the City Commission that anytime an Ordinance is adopted it is subject to being challenged.
Mayor Titsworth asked if Ms. Motzer's recommended change of the word 'when' to 'it' in a portion of the Ordinance should be made.
City Attorney Augello felt the Ordinance as written was more appropriate in purposes of grammar and preferred from a legal perspective to not make the recommended change.
An officer does not have to apply plainly audible and can use the decibel reader.
Chief Tokajer had no objection to the Ordinance language as written so long as City Attorney Augello is comfortable with it. The Officers have been enforcing the Noise Ordinance for quite some time so they know what to expect. He said it will depend on the time of day as to whether they use the decibel reader.
City Attorney Augello informed that the court did not discuss plainly audible as being the vague language in the code, it was the list of items the officer had discretion to use. Plainly audible is not the reason the Code is being corrected. When the Noise Ordinance was previously adopted, she did a lot of research and had also considered Ms. Motzer's comments. However, the Ordinance was left to former City Attorney Petruff's office to draft the final version. She feels the version as written is enforceable and would stand a challenge.
Chair Schaefer closed the Public Hearing.
After action on the Ordinance, Commissioner Kerchner thanked Ms. Motzer for her comments.