Sarasota city commissioners took steps toward creation of a new sound control ordinance on Sept. 21, including establishment of an enforcement team that will include the Sarasota Police Department.
The city is in the process of an extensive rewrite of the ordinance
, with consultant Siebein Associates, which is conducting a three-phase study of the city’s soundscape as the basis for crafting a new ordinance.The commission unanimously accepted Phase 1 recommendations, which were based on off-season sound measurements and are designed to develop the “local record.”
Phase 2, which will include in-season sound readings, is meant to test potential regulatory standards against ambient conditions and determine whether those standards can be enforced.
Phase 3 would likely include follow-up measurements as the actual sound ordinance policy is drafted.
“Courts reinforce the need for clear, justifiable standards tied closely to legitimate government interests rather than an overly broad prohibition operating without regard to evidence or actual impact,” City Attorney Joseph Polzak explained to the city commissioners.
How was the Phase 1 Sarasota sound ordinance study conducted?
Siebein Acoustic analyzed sound in five districts: Downtown, Newtown, St. Armands Circle, Ted Sperling Park and Sarasota High School.
The one-week measurement period started July 2 and included the busy July 4 holiday weekend.
The Siebein team also worked with a variety of neighborhood organizations, ranging from the Greater Sarasota Area Chamber of Commerce and Downtown Sarasota Condominium Association to the Coalition of City Neighborhood Associations and concerned citizens.
Key issues also included loud revving vehicle engines, amplified music, downtown special events, special events on Dr. Martin Luther King Jr. Way and events at Ted Sperling Park on South Lido Beach as well as Lido Key.
The volume of public address system sound at Sarasota High School during sporting events, early morning outdoor band rehearsals and bells ringing for class changes were also considered.
The sound at two other high schools in the city, Booker High School and Cardinal Mooney Catholic High School, are not included in the study area.
During public comment, Christine Robinson, CEO of the Argus Foundation, praised the format of the study.
“This has been one of the most inclusive and data-driven approaches to policy that I’ve seen in years,” Robinson said.
What concerns did Sarasota residents raise?
Steve Martinucci voiced concern about the fact that the school district technically has a governmental agency exemption from the noise ordinance.
“Amplified and impulsive sounds from the schools negatively impact the residents and neighborhoods and should be regulated when they become excessive,” said Martinucci. He quickly added that he did not mean cheering crowds, marching band practice and people enjoying themselves.
Martinucci did take issue with the amplified sound system, sound generated by the batting cages and the new air-conditioning system which generates sound at 80 dbA that measures 55 dbA at the property line.
“The high school continues to generate noise almost 24 hours a day,” he continued and played a recording of a persistent hum. “Most people don’t know what 55 dba sounds like outside of your front door from 10:03 p.m. until 5 a.m.
“You cannot enjoy a quiet evening without this constant noise being heard inside and outside of your house and backyard,” he said.
Downtown resident John Bordeaux said that downtown residents support the restaurant and shops, businesses and farmers market, “and we pay exorbitant taxes.”
David Lough, president of the Downtown Sarasota Condominium Association, echoed Robinson’s praise of the consultant and urged the commission to take specific action today.
“Can we somehow find a way to address the motorcycle revving and the vehicular noise; state statute or not, what can we do?” Lough said. “Then deal with the elephant in the room, which is enforcement. It is unsustainable to put the sole burden of enforcement on the SPD. It is just too expensive unless we talk about affordable, measured ways of enforcement, we’re kind of kidding ourselves.”
What did the Sarasota city commission approve?
The commission approved a total of four motions, the most significant of which created a sound enforcement team composed of the Sarasota Police Department along with city code enforcement and special events permitting that would eventually be responsible for enforcing the new sound ordinance.
Vice Mayor Kathy Kelly Ohlrich wanted the team to “begin enforcement of auto revving and music consistent with the existing sound ordinance and Florida law and to begin discussions with the Sarasota school district regarding excessive noise emanating from some of their schools.”
Polzak later explained that while only Sarasota Police could issue a citation for violating state laws for vehicular sound, code enforcement could collaborate on civil aspects of the current ordinance and special events could enforce the permits.
“By bringing them all together and doing a cross-disciplinary team, they could collaborate and be more effective on add ressing sound issues in the city, some of which may be accomplished through outreach, some of which may be accomplished through quick enforcement of Florida statutes when it comes to motor vehicles,” he added.
Mayor Debbie Trice and City Commissioner Liz Alpert did not support the motion because there are too many unknowns.
“I think it’s going to create false expectations and I think we should wait and get the information, the evaluation so it can be crystal clear who’s doing what,” Alpert said.
The board unanimously approved Ohlrich’s motion to accept Phase 1 of the Siebein Associates study; a motion by Alpert to proceed with the second and third phases of the study; and a motion by Commissioner Jen Ahearn-Koch to administratively update the special event permit to include sound level testing at 100 feet and to incorporate two types of decibel measurements, including lower frequencies that are felt rather than heard.
Earle Kimel primarily covers local governments in Sarasota County as well as land development and environmental issues for the Herald-Tribune. Follow him on Facebook and X. He can be reached by email at earle.kimel@heraldtribune.com. Support local journalism by subscribing.
This article originally appeared on Sarasota Herald-Tribune: Sarasota forms noise enforcement team as city weighs new rules
