HomeMy WebLinkAbout10192010SM MinutesQOLICE
D E.PARTMEN T
SEBASTIAN POLICE DEPARTMENT
1201 Main Street, Sebastian, Florida 32958
Code Enforcement Division
CITY OF SEBASTIAN, FLORIDA
MINUTES
SPECIAL MAGISTRATE CODE ENFORCEMENT HEARING
October 19, 2010
1. The hearing was called to order at 2:01 p.m. by Special Magistrate David Hancock.
2. Present: Special Magistrate David Hancock, City Attorney Robert Ginsburg, Officer Ashley
Lawson, Code Enforcement Clerk Susan Lorusso.
3. Hearing of Code Violation:
Case No. CE -38901
Harry Connolly
901 Starflower Avenue
Sec. 66 -1 Definitions
Nuisance means any person doing any unlawful act, or omitting to perform a
duty, or suffering or permitting any condition or thing to exist, which act,
omission, condition or thing either:
(3) Is offensive to the senses
Mr. Ginsburg called Officer Lawson. Officer Ashley Lawson identified herself and stated her
position with the city as police officer for one and one -half years. Magistrate Hancock swore in
Officer Lawson. Mr. Ginsburg asked Officer Lawson to describe the details of this violation. Officer
Lawson stated that the police had been called out to this location on several occasions for a
complaint of loud music. Officer Lawson testified that at a distance of 200 feet she was able to hear
emanating from 901 Starflower Avenue music with her vehicle windows partially opened. Officer
Lawson made contact with Mr. Connolly, who was pleasant and cooperative. Officer Lawson
submitted for the record the call log detailing dates and times an officer was called to the property,
which totaled twelve. Officer Lawson also stated that the complainant remained anonymous.
Officer Lawson said there had been one other call since she issued the citation.
Magistrate Hancock swore in Mr. Connolly, who stated he travels to many RV campgrounds and is
very conscious of noise. He added that he thinks the complaints come from one particular neighbor.
Mr. Connolly asked that a decibel level be established so officers responding to noise complaint calls
can register the actual level and he made an offer to research grants to obtain a decibel meter.
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Magistrate Hancock quoted sections of the noise ordinance and said with the testimony by the
officer and Mr. Connolly complying with the request to turn down the volume, there was enough to
substantiate a violation of the code.
Mr. Ginsburg said he liked the suggestion of the police department obtaining a decibel meter and
further explained the process is to take a reading of the natural ambient sound then a reading with the
music on from a determined distance. A violation of the noise ordinance occurs when the decibel
level is above 5.
Ms. Michelle Walters of 902 Streamlet Avenue approached. Magistrate Hancock swore her in and
she testified that she lives directly behind Mr. Connolly and can hear his music in her house with the
windows open but cannot hear it when the windows are closed. She added she has no issue with the
volume of the music. Mr. Ginsburg asked if she can hear the music when she is outside by her pool
and Ms. Walters said she can.
Mr. Ginsburg asked Magistrate Hancock if the nuisance ordinance could be used in this case and if
so, to uphold the citation and fine. Magistrate Hancock asked Officer Lawson if she made contact
with the complainant and she responded that she did not as the complainant remains anonymous.
A five minute recess was called at 2:29 p.m. The hearing resumed at 2:35 p.m. Mr. Ginsburg stated
that they will need a judgment from Magistrate Hancock.
Magistrate Hancock ruled based upon the evidence a violation of Chapter 66 -1 of the City of
Sebastian Ordinances occurred. Also, pursuant to Florida Statute 162.09 (2) (b) there will not be a
fine or cost at this time because the violation was not sufficiently grave and Mr. Connolly
voluntarily took actions to correct the violation in the presence of the officer. Magistrate Hancock
cautioned Mr. Connolly to be very careful with the level of music and activity on his property. As
there is a history of repeat calls to his residence and if there is another citation or arrest, a judgment
of fine or cost will be imposed against Mr. Connolly. Magistrate Hancock requested Mr. Connolly
keep the volume of his music very low, lower than he customarily would, in order to avoid future
violations. Magistrate Hancock stated there is sufficient evidence here under city ordinance to enter
a finding of violation without having testimony of an operator of a decibel device to measure audible
noise. Mr. Connolly offer to get the city a decibel meter.
Special Magistrate Hancock finds violation but no monetary fine at this time.
The hearings were adjourned at 2:40 p.m.
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