Historic City News Editor Michael Gold was in attendance this morning when Assistant County Attorney, Erica Moore, presented an early draft of a noise ordinance for St. Johns County in a workshop aimed at introducing potential stakeholders to the proposed new ordinance.
County Attorney Patrick F. McCormack opened the workshop that was held in the County Auditorium; acknowledging that the County will never draft a “perfect noise ordinance”.
McCormack says he feels confident that legal staff is on the right track since they have relied heavily on the framework of a case that has survived judicial review at the appellate level.
The Federal Case upholding the model noise ordinance, DA Mortgage vs City of Miami Beach and Miami-Dade County, 486 F.3d 1254 (2007), involved a nightclub playing music over a loud speaker that was cited.
In the tested case the “plainly audible” standard was upheld. A provision of the Miami ordinance provided that “unnecessary and excessive” noises were prohibited within 100 feet from the source; between the hours of 11:00 p.m. and 6:00 a.m.
A common challenge to noise ordinances, McCormack said, is that they unconstitutionally restrict free speech. According to Moore, the components of constitutionally valid restrictions on the “time, place and manner” of free speech are:
– The restrictions must be “content-neutral”
– The restrictions must be “narrowly tailored” to serve a significant governmental interest
– Restrictions must leave open “ample alternative channels of communication”.
The workshop was attended by members of the Board of County Commissioners, including former chair Cyndi Stevenson, newly appointed Vice-Chairman Mark Miner, and Jay Morris, Sheriff’s Office financial staff representative Jack Cubbage, Nick Sacia of the Chamber of Commerce’s Economic Development Council and Rogers Towers, P.A. attorney Ellen Avery-Smith; who practices environmental regulation, real estate and land use law.
The next steps to approval of a noise ordinance:
– Workshop to gain public input
– Refine the ordinance with St. Johns County Sheriff’s Office and county staff
– Presentation of proposed ordinance to the Board of County Commissioners at a public hearing
If you would like to read the full text of the proposed new ordinance presented this morning, follow this link http://www.co.st-johns.fl.us/media/noiseordinancev901142011.pdf
Photo credits: © 2011 Historic City News staff photographer
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