Holmes Beach tries noise ordinance to keep the peace

HOLMES BEACH -- In a state famous for tourism, noise ordinances are often enacted to rein in noise levels at different times of day for different areas. Some residents push for these laws to maintain the tranquility of their neighborhoods -- and their sanity.

In Holmes Beach on Anna Maria Island, a noise ordinance enacted in 2014 means no construction or commercial lawn care activities -- noisy weed whackers for example -- are allowed to be used on Sundays and nearly a dozen holidays, much to one complainant's outrage.

This past Veterans Day, a man who called himself Mike Jones wrote in a news tip to the Bradenton Herald he was out for a run in the city when he could not believe what he was seeing.

"It appears that the Holmes Beach code enforcement management team and town commissioners decided to enforce an older law where contractors, i.e., lawn and landscape businesses, handymen, painters, cleaning people, pool maintenance people and pest control workers cannot work on Veterans Day," his email read. "I could not believe my eyes regarding what was happening."

According to Jones, city code enforcement and police "were out in full force."

"What were they thinking and more importantly what were the people in town government thinking?" Jones wrote. "This is just plain crazy what they were doing. It felt like a police state."

Holmes Beach Police Chief William Tokajer said this is nothing new. Citizens call his agency with complaints their peace and tranquility is disrupted by noise from construction around them, he said.

"They understand that it goes on during the week," Tokajer said. "They understand this and that's just what happens -- but when it comes to their Sundays and their holidays, they want the peace and tranquility of their properties."

According to the ordinance, commercial construction, construction equipment operations and commercial lawn care activities are prohibited every Sunday and the following holidays: New Year's Day, Presidents Day, Good Friday, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day, Thanksgiving Friday, Christmas Eve and Christmas Day.

"We allow residents to mow their own lawns. We just don't allow commercial lawn care or construction activities on Sundays or holidays that are observed by the city," Tokajer said.

The police chief said a first violation of the ordinance carries a written warning, a second violation a $250 fine and every violation thereafter brings a $500 fine.

On Veterans Day, Tokajer said the city received between 25 to 30 complaints.

"Five of those people doing construction were found to be doing construction without permits," he said.

Noise ordinances aren't uncommon in Florida, and Holmes Beach isn't the only island town to try to keep the peace.

More than 100 miles south in Fort Myers Beach, a town in Estero Island, a noise ordinance passed June 15 regulates noise levels in different areas of the town and specifies what constitutes a noise disturbance. Prohibited noises include screeching tires unless caused by an emergency.

In Pinellas County's St. Pete Beach, a section in the city ordinances states it's unlawful "for any person to willfully make, continue or cause to be made or continued any loud and raucous noise." Examples of loud and raucous noise include animals, birds and yelling, shouting, or whistling between the hours of 9 p.m. and 7:30 a.m.

Holmes Beach Commissioner Marvin Grossman said he remembers hearing complaints about noise from residents before the noise ordinance was enacted. They often complained about construction work on Sundays and the fact work was being started earlier. They asked for relief, the city official added.

"Every bit of our construction is done in active neighborhoods. There's no place that it's like downtown," Grossman said. "These are neighborhoods where people live all the time."

He said he felt some rest from the noise is required.

"It's only a couple days out of the year. They are holidays. The citizens on holidays should have a quiet day," Grossman said. "Holmes Beach is a developed community, too, so the new construction is next to a neighbor. ... and they deserve to have some quiet time."

Pam Leckie, who has lived in Holmes Beach over the past decade, said she thought nobody worked on holidays.

"We didn't see any construction, but we don't live in an area where there's construction, and I would think that maybe on a holiday like that, you wouldn't have construction," the 85-year-old said. "There's enough other days where you can do this, where you can construct things."

Amaris Castillo, law enforcement/island reporter, can be reached at 941-745-7051. Follow her on Twitter@AmarisCastillo.

This story was originally published November 12, 2015 at 8:36 PM with the headline "Holmes Beach tries noise ordinance to keep the peace ."