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City Council Approves Noise Ordinance

BY IRIS B. HOLTON

Sentinel City Editor

Earlier this month, members of the City of Tampa City Council addressed an ordinance pertaining to stereo music emulating from vehicles. On Thursday, the Council members passed the ordinance after listening to several people address their concerns about the noise level in their respective neighborhoods.

Council members directed the City Attorney to make the law enforceable 24 hours a day. If passed, the ordinance would allow police to stop a car if the music could be heard within 50 feet. The first citation would be considered a civil infraction and the driver would be given a $250.00 fine.

A second offense would also be civil, but would increase the ticket to $450.00. A third offense could bring a 60-day jail sentence and/or a $500.00 fine.

In April, members of the City Council passed an ordinance to address the issue of loud music. However, Council requested additional research on the ordinance from the legal department.

The original ordinance was ruled unconstitutional by the Florida Supreme Court. However, Councilman Frank Reddick said this version of the ordinance has been revised. The revision changes the distance music can be heard from 100 feet to 50 feet. He also said it could withstand legal challenges.

The Florida Supreme Court justices rejected the 2005 law because it wasn’t universally applicable to all types of noise. That law allowed officers to stop motorists if the music was plainly audible within 25 feet. In doing so, the court upheld the 2nd District Court of Appeal decision.

In December 2012, the Florida Supreme Court ruled that the law allowing officers to cite drivers for loud music was unconstitutional. Since that time, the City of Tampa has revisited and restructured its ordinance.

The first reading of the ordinance passed 5-1 vote. Councilwoman Lisa Montelione voted against it and Councilwoman Mary Mulhern was absent.

The second reading of the ordinance will take place on June 6th. If approved, it will immediately become law.

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