BSO DISPATCHERS HAVE BEEN GIVING FALSE "LEGAL ADVICE"

 

BSO dispatches police for many municipalities in Broward County, Florida.

Many Broward residents have called their local police because of noise complaints and disturbances, only to be "put through" to a Broward Sheriff's Office dispatcher who "blew them off" by giving improper LEGAL ADVICE that the offender could make and sustain the act until 11:00 PM.  Nothing could be further than the truth. 

Here is the actual Broward County NOISE ORDINANCE. (which also appears in part at the bottom of this page)

But the Town Of Davie and other Municipalities have some of the toughest noise ordinances in the United States.

If you live in Davie or another Municipality with a strict noise ordinance, and complained for years about neighbors who consistently caused your walls to vibrate because of noise (everything from tuning up airboats, to live bands practicing outdoors),  hopefully your problems have ended. 

 

I finally got fed up with having to keep a board over my son's bedroom window for the first 2-1/2 years of his life, because of noise levels in excess of 100 dbA making his crib vibrate, and preventing him from sleeping (FELONY STALKING OF A MINOR UNDER 16, by Scott K. Bagwell).  

The application of FLORIDA STATE STATUTE 784.048(5) (Stalking of a minor under 16 years of age) to this case has been evaluated and confirmed applicable by Attorney Neal Miller J.D.,  (University of Pennsylvania), Principal Research Associate for the Institute For Law and Justice, Consultant to Federal, State (including Florida), and Local Governments and Agencies.  Attorney Miller  "Wrote The Book" on stalking, and personally wrote the ILJ's Final Report  on Stalking.  His forte includes 42 U.S.C. 1983 litigation. 

I placed a call to the office of Broward Sheriff Ken Jenne late in July of 2003.  Lt. John Palmer returned the call, and I explained that I had made numerous calls, only to be told by a BSO dispatcher that "it (noise, music, et) was allowed until 11:00 PM."  I reiterated that the dispatchers were giving what could be construed as  "LEGAL ADVICE," and FALSE advice in the case of Davie, Florida.

A few days later, I called BSO dispatch around July 25, 2003, and asked the dispatcher how late you can make noise at night.   For the first time, I was PROPERLY told by the BSO Dispatcher that "it depended on the local ordinance of the city you live in."

Many thanks to BSO Lieutenant John Palmer for his quick implementation and correction of a policy that had been improperly handled for years!

For Codes and ordinances that are specific to your city or town, see ONLINE CODES at MUNICODE.COM 

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Broward County: Code of Ordinances

Chapter 24: NOISE CONTROL

Sec. 24-1.  Short title.

This chapter may be cited as the "Noise Control Ordinance of Broward County."
(Ord. No. 78-22, § 2, 4-19-78)
Sec. 24-2.  Declaration of findings and policy; scope.

(a)     Declaration of Findings and Policy. The board of county commissioners of Broward County finds and determines that excessive sound is a serious hazard to the public health and welfare, safety and quality of lives; and, that a substantial body of science and technology exists by which excessive sound may be substantially abated; and, that the people have a right to and should be insured an environment free from excessive sound that may jeopardize their health or welfare or safety or degrade the quality of life. Therefore, it is the policy of Broward County to prevent excessive sound which may jeopardize the health and welfare or safety of its citizens or degrade the quality of life.

(b)     Scope. This chapter shall apply to Broward County.
(Ord. No. 78-22, § 2, 4-19-78)
Sec. 24-3.  Definitions.

As used in this chapter, unless the context otherwise clearly indicates, the words and phrases used are defined as follows:

(1)     Director means the director of the Department of Planning and Environmental Protection.

(2)     Noise means any sound which annoys or disturbs humans, or which causes or tends to cause an adverse psychological or physiological effect on humans.

(3)     Noise disturbance means any sound which:

(a)     Endangers or injures the safety or health of humans or animals; or

(b)     Exceeds the limits set forth in the rules and regulations promulgated by the county pursuant to this chapter; or

(c)     Endangers or injures personal or real property.

(4)     Person means any natural person, individual, public or private corporation, firm, association, joint venture, partnership, municipality, governmental agency, political subdivision, public officer, or any other entity whatsoever or any combination of such, jointly or severally.

(5)     Rules and regulations means the rules and regulations adopted by the county pursuant to the provisions of this chapter.

(6)     Sound means an oscillation in pressure, particle displacement, particle velocity or other physical parameter, in a medium with internal forces that causes compression and rarefaction of that medium. The description of sound may include any characteristic of such sound, including duration, intensity and frequency.
(Ord. No. 78-22, § 2, 4-19-78; Ord. No. 78-37, § 1, 8-16-78; Ord. No. 1999-55, § 1, 10-12-99)
Sec. 24-4.  Prohibited acts.

(a)     Noise Disturbance. No person shall make, continue or cause to be made or continued any noise disturbance. The making of noise in violation of this chapter shall constitute prima facie evidence of a noise disturbance.

(b)     Tampering. Unless authorized to do so by the director, no person shall remove or render inoperative or inaccurate any sound monitoring instrument or device positioned by or for the director, provided such device or the immediate area is clearly labeled to warn of potential illegality.
(Ord. No. 78-22, § 2, 4-19-78)

 

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