Monday 07 March 2005
Chairwoman Vicki Phillips
Board of County Commissioners
110 N. Apopka Avenue
Inverness, Florida 34450
Ms. Phillips,
I am aware that the Board of County Commissioners is about to consider imposing a new noise ordinance on activities within Citrus County. I urge you to proceed with caution and to lead your fellow commissioners to a thoughtful and balanced conclusion.
My personal concerns center on the possible impacts your actions will likely have on my business. I own Airboat Charter Services, LLC and regularly introduce Florida residents and visiting tourists to the unspoiled beauty of Citrus County marshes and coastal shorelines through airboat eco tours.
We own several airboats, one of which is operated by my son -- a decorated U. S. Marine combat veteran who served at the point of the spear during Operation Iraqi Freedom. All our airboats are fully muffled and operate such that passenger earmuff type noise protection is not necessary. Like the overwhelming majority of airboat enthusiasts and business interests, we are committed to operating our unique watercraft without disturbing others.
We have been actively working with FFWCC staff to develop standard and uniform noise level requirements for airboats on a statewide basis. That process has made great progress and a wide variety of interests are moving toward effective noise level standards acceptable to all. I ask that you allow those efforts to continue to their conclusion before taking independent action.
Several provisions in your proposed ordinance cause me great concern. Among them are:
1) The 90 dB maximum noise level at 50 feet. I would never operate my airboat at other than idle speed within 50 feet of any person not riding on my boat. To require a sound test at wide open throttle at that distance is careless, dangerous and absolutely would not represent any "real world" motor vessel noise generation. All state testing is being conducted at 100 feet from the source.
2) Under no circumstances do I ever operate my airboat at "wide open throttle" as your proposed noise ordinance compliance test would require. To require anyone to do so would be careless and would endanger all who were near -- same as it would with any piece of motorized equipment from a concrete mixer to a motor cycle.
3) All automobiles, motorcycles and trucks are "capable" of operating at speeds above posted speed limits and they are "capable" of generating noise levels not seen during normal and customary operation. Law enforcement is charged with apprehending those who operate outside of community standards for motor vehicle mufflers or operation. The same approach should be followed for any motor vessel operating without effective muffling devices or in an unsafe manner of operation.
4) You have not demonstrated that compliance with your noise generation ordinance proposal is even possible. To propose a law upon the citizens of Florida where compliance standards are impossible is unfair by its very nature.
It would appear you are considering penalizing all motor vessel / vehicle / equipment operators for the thoughtless activities of a tiny minority who defy current laws and operate without effective mufflers. To do so is patently unfair and inequitable to the hugely compliant majority.
I ask that you carefully consider the wide implications of the proposed ordinance and allow reasonable time for the state agency - FFWCC - to develop statewide motor vessel noise standards. I have a substantial investment in my business serving Citrus County commerce and hate to think of the impacts that an unreasonable and unbalanced noise ordinance would have on my business.
Thank You for considering my position on this matter. I ask for your written response.
Capt. Dave Markett
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