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County Administrator's Report 12. 4.
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| BCC Regular Meeting |
Discussion |
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| RECOMMENDATION: |
Recommendation Concerning the Limited Waiver of the Escambia County Noise Abatement Ordinance for the 2017 Seasonal Fireworks Displays Launched from a Floating Platform near the Portofino Pier on Pensacola Beach - Tim Tolbert, Building Official/Department Director
That the Board approve or deny the following individual "Special Event Permit Applications" for a limited waiver of the noise restrictions imposed by the Escambia County Noise Abatement Ordinance regarding Pensacola Beach, allowing the number of sound decibels to exceed 70 dbA (sound level measured by taking four sound readings over a continuous 15 minute period, with the four readings taken at approximately equal intervals at or within the property boundary of the receiving land use). Each of the noise waiver Applications listed below coincides with an Application for a fireworks exhibition for the 2017 Seasonal Fireworks Displays sponsored by Portofino and launched from a floating platform near the Portofino Pier on Pensacola Beach from 9:00 p.m., through 9:15 p.m.
A. Application for May 28, 2017, 9:00 p.m. - 9:15 p.m.;
B. Application for June 6, 2017, 9:00 p.m. - 9:15 p.m.;
C. Application for June 15, 2017, 9:00 p.m. - 9:15 p.m.;
D. Application for June 20, 2017, 9:00 p.m. - 9:15 p.m.;
E. Application for June 27, 2017, 9:00 p.m. - 9:15 p.m.;
F. Application for July 4, 2017, 9:00 p.m. - 9:15 p.m.;
G. Application for July 11, 2017, 9:00 p.m. - 9:15 p.m.;
H. Application for July 18, 2017, 9:00 p.m. - 9:15 p.m.;
I. Application for July 25, 2017, 9:00 p.m. - 9:15 p.m.;
J. Application for August 1, 2017, 9:00 p.m. - 9:15 p.m.;
K. Application for August 8, 2017, 9:00 p.m. - 9:15 p.m.;
L. Application for September 3, 2017, 9:00 p.m. - 9:15 p.m.; and
M. Application for October 28, 2017, 9:00 p.m. - 9:15 p.m. |
| BACKGROUND: |
| Escambia County Noise Abatement Ordinance Number 2001-8 (Escambia County Code of Ordinances, Chapter 42, Article III., Noise), was adopted by the Board of County Commissioners (BCC) on March 1, 2001, for the purpose of protecting, preserving, and promoting the health, safety, welfare, peace and quiet of the citizens of Escambia County through the reduction, control, and prevention of loud and raucous noise, or any noise which unreasonably disturbs, injures, or endangers the comfort, repose, health, peace, or safety of reasonable persons of ordinary sensitivity. Subsequently, on August 3, 2001, the BCC adopted Escambia County Ordinance Number 2001-36 to amend Escambia County Ordinance Number 2001-8 in order to provide a means of exemption to the Noise Abatement Ordinance to allow a fair and just application of the Ordinance and grant limited waivers of the restrictions imposed by the Noise Abatement Ordinance to allow special outdoor events to take place in the community while still protecting the health, safety, and welfare of the citizens of Escambia County, and promoting an environment free from sound and noise disruptive of peace and good order. On July, 23, 2013, the BCC adopted Escambia County Ordinance Number 2013-31, stating that the County has authority to regulate within its jurisdiction unreasonably loud noise based on decibel readings beyond certain limits and providing for two different noise regulation standards within Escambia County is consistent with the Equal Protection Clause, so long as the division created is rationally related to a legitimate governmental objective. Again, on January 16, 2014, the BCC of Escambia County adopted Escambia County Ordinance Number 2014-5, defining the core area of Santa Rosa Island and providing two different noise regulation standards for the areas of Santa Rosa Island that are primarily commercial businesses and the areas that are almost exclusively residential to better ensure the health, safety, welfare, tranquility, and peace of the public. |
| BUDGETARY IMPACT: |
| N/A |
| LEGAL CONSIDERATIONS/SIGN-OFF: |
| N/A |
| PERSONNEL: |
| N/A |
| POLICY/REQUIREMENT FOR BOARD ACTION: |
| Escambia County Code of Ordinances, Chapter 42, Article III. Noise. Section 42-66. Exemptions. (g), provides that the County Administrator shall provide the permit application as well as any other available information, to the Board of County Commissioners for consideration at a meeting of the Board of County Commissioners. The Board of County Commissioners may impose any other conditions on the permit, as it deems necessary to reduce the disturbance to surrounding or neighboring properties. |
| IMPLEMENTATION/COORDINATION: |
The Building Inspections Division will issue a Special Event permit for each exemption approved in this recommendation.
Upon Board approval, the Escambia County Sheriff’s Office will be notified of the issuance of each waiver.
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