Interoffice Memorandum
DATE: August 4, 2024
TO: Mayor Jerry L. Demings and County Commissioners
THROUGH: N/A
FROM: Tanya Wilson, AICP, Director, Planning, Environmental, and Development Services Department
CONTACT: Renée H. Parker, LEP, Manager
PHONE: (407) 836-1420
DIVISION: Environmental Protection Division
ACTION REQUESTED:
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Chapter 15, Article V - Noise Pollution Control (Environmental Protection Division)
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PROJECT: Chapter 15, Article V - Noise Pollution Control
PURPOSE: Orange County’s Noise Control Ordinance (Chapter 15, Article V Orange County Code) prohibits noise that either (1) exceeds allowable sound level limits or (2) is plainly audible from a specified distance. These standards apply to all private and public property, whether commercial or residential, including rights-of-way. Enforcement of these standards are implemented by the Environmental Protection Division (EPD) under Section 15-182, Table 1 and the Orange County Sheriff’s Office (OCSO) under Section 15-183, Table 2.
During the summer of 2023, the County received an increased number of complaints from citizens challenging to the implementation and effectiveness of the Noise Pollution Control Ordinance. Of specific concern to the residents was the “plainly audible” distance standard found under Section 15-183(b) of the Code, currently used by OSCO. Residents requested that the distance standard be reduced, along with other modifications relating to enforcement, to better manage noise complaints within residential areas. Additionally, several County Commissioners expressed concerns from their constituents regarding loud music, unamplified human voices, and commercial bar establishments near residential areas.
Following an internal staff review of the issues, in coordination with the OCSO, and including briefings with several Commissioners, staff recognized the County would benefit from a comprehensive study of the technical provisions of the current ordinance. EPD was directed by County Administration to hire a consulting firm that specializes in noise assessment to assist in a thorough review of the ordinance and provide recommendations for revision.
The project was managed under two phases:
• Phase I involved a comparative analysis of noise ordinances (Orange County, City of Orlando, City of Jacksonville, Hillsborough County, Seminole County, City of Gainesville, City of Winter Park, and the U.S. EPA Model Noise Ordinance). This analysis highlighted Orange County having the largest distance limit for plainly audible standard. Deliverables were completed in March 2024.
• Phase II provided proposed code revisions in several areas: definitions; addition of land use category to distinguish limits for commercial and industrial areas in Section 15-182, Table 1: decreasing the plainly audible standard distance limits in Section 15-183, Table 2; additions of specific prohibitions; and an increase in penalty amounts. Deliverables were completed in July 2024.
The consultant draft was provided to a variety of internal agencies for review, including the Planning Division, Zoning Division, Neighborhood Services Division, Building Safety Division, Development Engineering Division, and the Office of the Fire Marshall.
On September 10, 2024, staff will provide a work session to the Board of County Commission providing background on the issues, a comprehensive overview of the study and proposed revisions, summary, and next steps.
This is an informational item and no action is being requested.
BUDGET: N/A