Sarasota News Leader

05/30/2014

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with limits set by other jurisdictions for com- mercial areas." Fournier pointed out, "As for which decibel limits are more appropriate, that is a policy question for the City Commission …" Regarding penalties: Fournier suggests the City Commission, by "supermajority vote" — four of the five members voting for approval — can set much higher fines than those allowed under the current ordinance. Instead of a maximum of $500 per day for a repeat violation, the maximum could be $5,000. Moreover, if the City Commission chooses, it also can act with a supermajor- ity vote to allow a fine up to $15,000 per day if a violation is deemed to be "irreparable or irreversible" in nature, instead of the current maximum of $5,000 for such a finding by a Special Magistrate. Further, Fournier proposes that the new ordinance allow the city to initiate action for temporary or permanent injunctions as rem- edies when a substantial amount of fines in a case remains unpaid. He proposes as well that a third or subsequent offense within a 12-month period would sub- ject the offender to arrest, "which could result in imprisonment in addition to or in lieu of a fine." The noise ordinance discussion will be the next-to-last item in the evening portion of the meeting. Robert Fournier is the Sarasota city attorney. Photo by Norman Schimmel Sarasota News Leader May 30, 2014 Page 10

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