Hillsborough County Noise Control Ordinance

Hillsborough County’s Noise Control Ordinance aims to protect the health, safety, and welfare of residents by controlling and reducing noise disturbances. It applies to all unincorporated areas of Hillsborough County and is enforced by local law enforcement and the Environmental Protection Commission (EPC).

While you may think that violating a noise ordinance is not a very serious offense, in some situations the charge may be treated as a criminal second-degree misdemeanor. Conviction for such a misdemeanor can bring a criminal record, up to 60 days in jail, up to $500 in fines, and possible probation. Penalties can increase if there are aggravating factors such as repeat offenses.

If you are cited for noise ordinance violations, an experienced criminal defense attorney can examine your situation and determine the best way to handle it.

What does Hillsborough County’s Noise Control Ordinance Say?

Hillsborough County’s Noise Control Ordinance is found in Chapter 36, (§ 36-429 et seq.), of the county’s municipal codes. The ordinance states that a noise disturbance is any sound that:

• Injures or endangers human or animal health or property;
• Is unreasonably loud, jarring, raucous, disturbing, or constitutes a nuisance to a reasonable person; or
• Disturbs the peace, quiet, and comfort of one’s neighborhood or vicinity

As defined under the ordinance, person means any individual, firm, association, partnership, joint venture, or corporation. Sound means an oscillation or alteration in pressure, stress, particle displacement, particle velocity or other physical parameter, in an elastic medium; or an auditory sensation evoked by the oscillations or alterations described in this definition. The description of sound may include any characteristic of that sound, including duration, intensity and frequency.

The code applies broadly to all sound in unincorporated Hillsborough County, but there are some exemptions. These include construction (with reasonable time limits), emergency vehicle sirens, religious activities, agricultural animal sounds (unless excessive), permitted motor-vehicle events, etc.

Hillsborough County enforces decibel thresholds depending on how the area is zoned. For residential areas, limits are 60 decibels for 10 minutes during the daytime, 55 decibels at night. Commercial areas limits are 65 decibels, and 70 decibels for industrial areas.

There are no specifications as to exact decibels at which a noise is a “disturbance” or “disruption of the peace” but residents and visitors can make complaints to local law enforcement if they feel as if a noise is a violation of the municipal code.

Exemptions to the Noise Control Code

There are some exemptions to the noise control code. Hillsborough County municipal codes list 13 exemptions, so there are 13 people, organizations or scenarios that cannot be cited for a noise violation under this code.

According to § 36-435, those exemptions are:

• Bridge, street, highway, infrastructure or railroad construction/maintenance
• Sirens and other noises used lawfully by emergency motor vehicles
• Activities associated with both public and private athletic facilities within the county
• Firearm discharge (lawful use)
• Sounds associated with religious activities
• Sounds from domestic animals such as barking (unless the noise has become consistent and unreasonably loud)
• Authorized motor vehicle events (ex: car races)
• Noises associated with any Florida state fair
• Sounds from cars, trucks, etc.
• Any sounds that are already regulated by county environmental codes
• County-permitted construction
• Sounds originating from agricultural land

According to this code, anyone who violates a noise control ordinance can be prosecuted in the same way that a misdemeanor offender would be prosecuted

What are Punishments for Violating the Hillsborough County Noise Control Ordinance?

Minor violations — For minor or first-time violations of the ordinance, the Environmental Protection Commission (EPC) or law enforcement may issue:

• A warning or
• A civil citation with fines.

Fines for civil citations typically follow a progressive structure:

• First offense: Up to $250
• Second or subsequent offense: Up to $500

These are non-criminal penalties, but the fines may affect your ability to hold permits, licenses, or do business with the county if unpaid.

Criminal charges — If the violation is serious, repeated, or willful, it may be treated as a criminal misdemeanor with penalties under (Fla. Stat. § 775.082 and § 775.083):

• Up to 60 days in jail
• Up to $500 in fines
• Possible probation or community service

The Hillsborough County Code specifically states that violations may be prosecuted as misdemeanors if they are:

• Willful,
• Continuing after a warning or citation,
• Or committed in a way that disturbs public safety or welfare.

This could include:

• Injunctions,
• Forced closure,
• Revocation of operating permits or business licenses.

Neighbors may also file civil suits for private nuisance if the noise affects property use/enjoyment.

How a Defense Attorney Can Help

If you are facing penalties under this ordinance, there are several ways a Hillsborough defense attorney can help. Your attorney can:

• Challenge measurement methods – There may have been a lack of proper decibel readings. Your attorney can determine if sound readings were taken properly and if measurement protocols/decibel meters were used correctly.
• Argue for an exemption (e.g., emergency, construction, agriculture). Did the violation truly endanger or unreasonably disturb anyone?
• Negotiate to reduce criminal charges to civil infractions, to lesser offenses, avoid jail, minimize fines.
• Represent you in hearings or trials, to counteract police reports, witness statements, or city/county attorney evidence.
• Help protect your record and reputation.

Get Help if Arrested for a Noise Violation in Tampa

If you have been cited for a noise violation in Tampa or anywhere in Hillsborough County, contact a Tampa criminal defense attorney at Taracks & Associates. Founding criminal defense attorney Barry Taracks is a former state prosecutor with over 30 years of professional experience. He is familiar with both sides of the courtroom and knows the courts, the judges and prosecutors, and the intricacies of the criminal justice system. He understands the tactics prosecutors use to get a conviction and how to combat them by challenging the credibility and reliability of the evidence against you and building a defense tailored to your individual situation.