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CASSELBERRY CiTY COMMISSION Minutes of April 8, 2024 — Regular Meeting Page 7 of II MOTION: Vice Mayor Aramendia moved to approve Resolution 24-3410, as presented. Motion was seconded by Vice Mayor Busch. Motion carried unanimously by voice vote 5-0. 10. FIRST READING OF ORDINANCES A. First Reading of Ordinance 24-1599 — Amending, Repealing, and Replacing Various Sections of City Code Relating to Noise and Nuisance Abatement The City Clerk read Ordinance 24-1599 by title, as follows: "AN ORDINANCE OF THE CITY OF CASSELBERRY, FLORIDA, RELATING TO NOISE CONTROL; REPEALING AND REPLACING SECTION 58-56, "UNNECESSARY OR DISTURBING NOISE" WITHIN ARTICLE III, "OFFENSES, AGAINST PUBLIC PEACE" OF CHAPTER 58, "OFFENSES, PUBLIC NUISANCES, AND MISCELLANEOUS PROVISIONS" TO UPDATE BASED ON RECENT CASE LAW; AND BY AMENDING SECTION 2-210, "SCHEDULE OF VIOLATIONS" WITHIN ARTICLE V, "CODE ENFORCEMENT CITATIONS" OF CHAPTER 2, "ADMINISTRATION" OF PART II OF THE CODE OF ORDINANCES; AND BY REPEALING AND REPLACING PARAGRAPH G., "NOISE," OF SECTION 3-17.4, "SPECIFIC STANDARDS FOR NUISANCE ABATEMENT" WITHIN ARTICLE XVII, "NUISANCE ABATEMENT" OF CHAPTER III, "PERFORMANCE CRITERIA" OF PART III, UNIFIED LAND DEVELOPMENT REGULATIONS OF THE CITY OF CASSELBERRY CODE OF ORDINANCES; PROVIDING FOR CODIFICATION, CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE." Staff Presentation: Chief Planner Antonia DeJesus stated that Ordinance 24-1599 amends, repeals, and replaces various sections of the City's Code of Ordinances and Unified Land Development Regulations (ULDR) relating to noise and nuisance abatement. The City has regulations in place to control excessively loud and unusual noises that can negatively impact surrounding areas. However, the current Code needs to be updated to reflect the latest case law that provides additional guidance related to noise codes. The proposed amendment aims to further secure and promote the public health, comfort, welfare, and prosperity of the City and its residents. The proposed amendment makes three changes which repeal and replace City Code Section 58-56, "Unnecessary or Disturbing Noise," to update the Code based on recent case law; amend City Code Section 2-210, "Schedule of Violations,'; and repeal and replace Paragraph G., "Noise," of ULDR (Unified Land Development Regulations) Section 3-17.4, "Specific Standards for Nuisance Abatement." The proposed amendment provides updated definitions and considers exemptions, in addition to the addition of "Noise Control" to the schedule of violations in City Code Section 2-210 which is considered a Class I1 violation for which the fine is $100 for each day the violation continues. As part of her presentation, Ms. DeJesus also gave an overview of how sound is measured, weighted and perceived. She advised that the proposed amendments are consistent with noise regulations in surrounding sister cities and Seminole County. City Attorney Katie Reischmann pointed out that this is an area that is constantly in flux and is subject to First Amendment challenges, so it was possible that it would be necessary to amend some terms at some point, based on case law.