TO: Mayor and Commission AGENDA DATE: 5/19/2025
FROM: City Manager AGENDA ITEM: 8 - C
SUBJECT:
Title
Public Hearing - Request for approval of Ordinance No. 25-2025, Amending the General Ordinances, Section 1-15, “General Penalty,” of Chapter 1, “General Provisions," to update penalties and enforcement mechanisms and Section 38-73, “Loud Disturbing or Unnecessary Noises,” of Article III “Noise,” of Chapter 38, “Environment,” to eliminate the requirement for sworn affidavits, at first reading.
Body
LOCATION:
City Wide
COST:
N/A/
SOURCE OF FUNDS:
N/A
ORIGINATING DEPARTMENT:
Office of the City Attorney
POTENTIAL MOTION:
Recommendation
“I hereby move to adopt Ordinance No. 25-2025 at first reading and schedule a second and final reading.”
END
BACKGROUND:
Background
In response to concerns from the Volusia County Sheriff's Office regarding enforcement mechanisms for City Ordinances, in particular the City’s Noise Ordinance, the City Attorney's Office has drafted a revised general penalty provision as directed by the City Commission.
The general penalty provision of the City Code is the enforcement mechanism for violations or ordinances that do not have an otherwise specified penalty and is currently referenced in Chapter 10, “Amusements, Entertainment, and Block Parties,” Chapter 14, “Animals,” Chapter 22, “Business,” Chapter 34, “Emergency Services,” Chapter 38, “Environment,” and Chapter 50, "Solid Waste." The revised general penalty provides for issuance of a civil citation and fine of $500.00 without jail time or an escalating series of administrative fines ranging from $1,000.00 to $15,000.00 depending on multiple factors, including the gravity of the violation, as provided by Florida Statutes.
Additionally, the requirement for sworn affidavits to enforce certain noise complaints has been eliminated from the City’s Noise Ordinance.
End