St. Augustine adopts new hybrid noise ordinance after yearlong study

The St. Augustine City Commission on June 23 adopted an amended noise control ordinance that creates a hybrid enforcement system combining a plainly audible standard, distance-based limits, and meter-based measurements.

City officials said the change follows roughly 15 months of data collection and legal review designed to produce a standard that is enforceable and workable for both residential and commercial settings. Assistant Chief Anthony Cuthbert of the St. Augustine Police Department and consultant Eric Zwirling briefed commissioners on the scientific and legal work behind the rewrite.

“This provision here addresses the deficiencies that I found in the Miami Beach and the Gainesville codes. This allows for that observation to be made immediately in proximity to the facility,” consultant Eric Zwirling told the commission during the presentation, describing why a plainly audible test that can be applied inside a dwelling at night was added to the code.

Under the new rules, the code sets distance-based plainly audible limits that vary by zoning district and time of day; for some historic and residential zones sound may not be plainly audible at 50–150 feet depending on the hour. For late-night hours the ordinance also allows an officer or investigator to determine a violation based on whether a sound production device can be plainly heard inside the home of an affected person, regardless of the measured distance between source and receptor.

The ordinance retains a metered alternative for investigators trained in sound measurement: inspectors may take three or more measurements for comparison against permissible levels at a location specified in the code. The city added updated definitions for “sound production device,” “affected person,” and other terms to clarify enforcement scope and to treat devices whose primary function is making sound differently from incidental noise from construction or machinery.

City Attorney comments and commissioner questions led to three policy choices the board clarified during debate: whether hotel rooms, short-term rentals and bed-and-breakfasts should be treated as residential receptors (the commission agreed they should for purposes of the ordinance); whether Thursday night should be treated as an extended weekend hour (the commission decided not to extend Thursday late-night limits and set quieter hours earlier); and whether measurements taken inside a dwelling should require windows and doors to be closed (the commission left the draft silent and retained flexibility, noting building construction and open-window habits vary).

Assistant Chief Cuthbert said the hybrid approach is aimed at compliance rather than punishment and that staff will provide practical guidance to businesses and residents. The ordinance also creates an alternate enforcement track using the city’s code process (special magistrate) in addition to county-court citations; the commission was told that complaints taken forward as code enforcement require an identified complainant under state rules.

Commissioners asked staff to conduct outreach and at least one business workshop before full enforcement to explain locations where measurements would be taken and how businesses can self-check compliance. The commission approved the ordinance by roll call; the clerk recorded unanimous support.

The ordinance amends Chapter 11, Article 4 of the City Code and will be codified after final processing. Staff said they will return with an outreach plan and recommended operational procedures for officers and code staff.