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County Administrator's Report 11. 9.
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| BCC Regular Meeting |
Technical/Public Service Consent |
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| RECOMMENDATION: |
Recommendation Concerning the Limited Waiver of the Escambia County Noise Abatement Ordinance for the Fireworks Display presented by the Pensacola Christian College on July 31, 2020 - Tim Tolbert, Building Official/Director
That the Board approve the following "Special Event Permit Application" for a limited waiver of the noise restrictions imposed by the Escambia County Noise Abatement Ordinance for the Pensacola Christian College Fireworks Display, to be launched at the Dale Horton Auditorium on July 31, 2020, from approximately 8:30 p.m., to 8:40 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 31, 2001, the BCC adopted Escambia County Code of Ordinance Number 2001-36 to amend Escambia County Ordinance 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 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 gevernmental objective. On January 16, 2014, the BCC 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 and Perdido Key, 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 as 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 Services Department will issue a Special Event/Noise Waiver permit for the exemption approved in this Recommendation. Upon BCC approval, the Escambia County Sheriff's Office will be notified of the issuance of the waiver. |
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