[t fields]

i find this amusing to the point of " when you visited here for the first time did you not go to mallory, glenview, hacienda, cane garden or any of the other country clubs that have music at night???", or did you miss that part of the preview? i haven't heard anyone from mallory complain.

...and see on which ordinances they are actually enforcing this 8 p.m. "curfew".

It seems to me that the ordinance given in this thread must have been amended to allow for such a curfew as it hardly sounds like a "reasonable" limitation on noise to me.

The reasonable person standard pops up all the time in Tort law (negligence suits and the like) but does not show up that much in Criminal Law nor in strict liability cases of negligence. It is in criminal cases of negligence though like leaving a pet in a parked car. http://en.wikipedia.org/wiki/Reasonable_person

It is also a shield and a sword for the most persuasive lawyers in most actual cases with respect to getting the jury and/or judge on your side.

I did a little research on Florida noise law and found this site which should be of interest-- http://articles.directorym.com/Noise...0-Florida.html

[NJblue]

Originally Posted by t fields

i find this amusing to the point of " when you visited here for the first time did you not go to mallory, glenview, hacienda, cane garden or any of the other country clubs that have music at night???", or did you miss that part of the preview? i haven't heard anyone from mallory complain.

What is kind of interesting is the liberty that some feel to take personal attacks or make snide comments just because someone has a different opinion than they. Must a difference of opinion always lead to personal attacks? The sad thing is when these opinions are backed up on a basis other than facts but rather just personal preferences. I called Cane and Glenview - they do not offer entertainment and close at either 8 or 9 at night. I also called Mallory. They have entertainment, however, it ends at 7 PM on most nights and 8 PM on one night. So, if no one is complaining about the music at Mallory, that may have a lot to do with it.

So, if someone were doing due diligence before buying a home near a golf course, it is not surprising that one could conclude that in all liklihood there won't be music, but, if there is it will be over by 7 or 8 PM.

For those fearful that the "party" may be over before you get here, the facts speak to the opposite notion. There is no regressing on this issue - at least with respect to CC music. Rather, Havana is trying to break new ground with outdoor entertainment that goes beyond the 8 o'clock hour. Based on what appears to be a majority (at least here on TOTV), this new venture is to be applauded. However, I'm a bit sorry for those who bought a home there assuming that they would have reasonably tranquil nights. For wanting the status quo (as defined by the norm in other TV country clubs) to be maintained they get to be labeled old fogeys, whiney and any number of other insults that have been hurled their way.

[swrinfla]

I really can't believe that this thread is still making my computer smoke. It is almost as contentious as the political forum was (and probably still is).

I still say, "Cool it!"

See most of you Friday?

SWR

[BobKat1]

Originally Posted by NJblue

What is kind of interesting is the liberty that some feel to take personal attacks or make snide comments just because someone has a different opinion than they. Must a difference of opinion always lead to personal attacks? The sad thing is when these opinions are backed up on a basis other than facts but rather just personal preferences. I called Cane and Glenview - they do not offer entertainment and close at either 8 or 9 at night. I also called Mallory. They have entertainment, however, it ends at 7 PM on most nights and 8 PM on one night. So, if no one is complaining about the music at Mallory, that may have a lot to do with it.
So, if someone were doing due diligence before buying a home near a golf course, it is not surprising that one could conclude that in all liklihood there won't be music, but, if there is it will be over by 7 or 8 PM.

For those fearful that the "party" may be over before you get here, the facts speak to the opposite notion. There is no regressing on this issue - at least with respect to CC music. Rather, Havana is trying to break new ground with outdoor entertainment that goes beyond the 8 o'clock hour. Based on what appears to be a majority (at least here on CC), this new venture is to be applauded. However, I'm a bit sorry for those who bought a home there assuming that they would have reasonably tranquil nights. For wanting the status quo (as defined by the norm in other TV country clubs) to be maintained they get to be labeled old fogeys, whiney and any number of other insults that have been hurled their way.

Hey! Don't let facts get in the way of this debate! Just kidding. I understand the points you are making in this discussion.

[hfivo]

ARTICLE VI. NOISE CONTROL

Sec. 16-101. Title.
This article shall be known and may be cited as the Sumter County Noise Control Ordinance.
(Ord. No. 2001-6, § 1, 4-10-01)

Sec. 16-102. Findings of fact.
The foregoing findings [found in the preamble of Ord. No. 2001-06] are incorporated herein by reference.
(Ord. No. 2001-6, § 2, 4-10-01)

Sec. 16-103. Authority.
This article is enacted pursuant to Article II, Section 7, of the Florida Constitution, which provides that adequate provision shall be made by law for the abatement of excessive and unnecessary noise, and under the Home Rule Power of Sumter County, specifically, Section 125.01(1), F.S.
(Ord. No. 2001-6, § 3, 4-10-01)

Sec. 16-104. Scope.
This article shall be effective throughout the unincorporated areas of the county.
(Ord. No. 2001-6, § 4, 4-10-01)

Sec. 16-105. Definition of noise disturbance.
As used in this article, a "noise disturbance" is any sound which is either:
(1) Excessive in amount or of such duration, wave frequency or intensity as may be or is injurious to human or animal life or property;
(2) Excessive or unnecessary in amount, level or duration as to unreasonably interfere with the comfortable enjoyment of life, property or the conduct of business; or
(3) Of such character and in such quantity or level as to be detectable by a considerable number of persons or the public, so as to interfere with such persons or the public health, repose or safety, or to cause severe annoyance or discomfort, or which interferes with normal conduct of business, or is otherwise detrimental or harmful to the health, comfort, living conditions, welfare and safety of the inhabitants of the county.
(4) In determining whether a noise is unreasonably loud and disturbing, the following factors incident to such noise can be considered, in addition to such others as the enforcing authority deems relevant:
a. Time of day.
b. Proximity to residential structures.
c. Whether the noise is recurrent, intermittent, or constant.
d. The volume and intensity of the noise.
e. Whether the noise has been enhanced in volume or range by any type of electronic or mechanical means.
(5) Specifically, a noise source shall be considered a prohibited "noise disturbance" under the provisions of this chapter if it generates decibel levels greater than sixty (60) decibels in any residential or multifamily residential neighborhood at a point located one thousand (1,000) feet from the location generating the noise, or decibel levels greater than seventy-five (75) decibels at a point located one thousand (1,000) feet from the location generating the noise, regardless of the surrounding land use. Decibel levels shall be measured by an officer of the Sumter County Sheriff's Department, using equipment specifically designed for decibel measurement.
(Ord. No. 2001-6, § 5, 4-10-01; Ord. No. 2008-09, § 2, 3-11-08; Ord. No. 2009-16, § 2, 8-11-09)

Sec. 16-106. Prohibition of noise disturbance.
Any person or legal entity through its officers, agents or employees who makes, maintains, or causes to be made or maintain a noise disturbance as defined in this article may be penalized in accordance with section 16-114. When the sheriff's office investigates an alleged noise disturbance, the sheriff's office shall issue a verbal notice to the owner, or any person, or legal entity which is legally responsible for such property where a noise disturbance exists. The sheriff's office shall document the issuance of a verbal notice in an offense report. If the noise disturbance continues after the owner, person, or legal entity who received the verbal notice has been given a reasonable time to cease such noise disturbance, then that party who received the verbal notice may be penalized in accordance with the provisions of this article.
If the same party previously penalized is found by an officer of the sheriff's department to generate a noise disturbance, as defined and described herein, within one hundred twenty (120) days of the issuance of a documented verbal notice or penalty, that party shall not receive an additional verbal notice but will instead immediately receive a penalty in accordance with the provisions of this article.
(Ord. No. 2001-6, § 6, 4-10-01; Ord. No. 2008-09, § 3, 3-11-08; Ord. No. 2009-16, § 3, 8-11-09)

Sec. 16-107. Specific prohibitions.
The following specified acts and circumstances are hereby declared to constitute prohibited noise disturbances in violation of this article; provided however, such enumeration is not and shall not be deemed to be exclusive; provided further that all other acts and circumstances meeting the definition of noise disturbance are likewise declared to be in violation of this article.
(1) Radios, televisions, musical instruments and similar devices, and amplified human voice. Playing or permitting the playing of any radio, television, musical instrument or similar device, whether amplified or not amplified, or amplifying the human voice in such a manner or with such volume as to annoy or disturb the quiet, comfort and repose of a reasonable person in any type of residence or place of business; provided, however, this prohibition shall not apply to regularly scheduled outdoor entertainment activities in the downtown or urban areas within developments of regional impact, so long as such events terminate not later than 10:00 p.m.
(2) Neighborhood parties and disturbances. Sounds originating from a residence or residential common area as a result of a party or other activities which may otherwise not be considered a noise disturbance under section 16-105 but arises to a noise disturbance due to the time of day or evening.
(3) Barking dogs. Allowing a dog to bark, howl, or whine continuously between the hours of 9:00 p.m. to 6:00 a.m. until such noise arises to the level of a noise disturbance under section 16-105. Any person or entity cited for a violation under this specific subsection shall not be subject to the penalties in this article. Instead, any person or entity cited for a violation under this specific subsection shall be subject to the penalties set forth in Chapter 4 of the Sumter County Code.
The sheriff's deputy may defer enforcement against the owner of the animal to animal control in accordance with Chapter 4 of the Sumter County Code if the deputy is unable to personally observe the barking, howling, or whining to determine whether such noise arises to the level of a noise disturbance as defined under section 16-105.
(Ord. No. 2001-6, § 7, 4-10-01; Ord. No. 2004-19, § 1, 7-15-04)

[Katgirl]

We just purchased in TV and will not be there full-time for 18 months. I was a little concerned about things quieting down at 9:30...but 8 pm is ludicrous! I certainly hope we can do something about this. I may be retiring, but I'm not dead....geeze....if a petition is started, please let me know so I can sign it.

[Talk Host]

Originally Posted by Katgirl

We just purchased in TV and will not be there full-time for 18 months. I was a little concerned about things quieting down at 9:30...but 8 pm is ludicrous! I certainly hope we can do something about this. I may be retiring, but I'm not dead....geeze....if a petition is started, please let me know so I can sign it.

Please, don't waste your time on a petition. Petitions don't work. Lawmaking bodies do not respond to petitions.

[Taj44]

Originally Posted by Spectreron

I'm looking for a home in TV. I'll take one of those "noisy" near CC homes off your hands, at a big discount, of course...You know, because of all that noise at 9:00 pm. I just don't want one near NJBlue.

I'm sick and tired of reading all the nasty comments about NJBlue, simply because he or she has an opinion different than your. What is the matter with you people? And what about the Administrators - why are you allowing this?

[MelZ]

Originally Posted by NJblue

Sorry Mel, but you're more likely to see me on the other side of the street with the counter-protestors. I will send a beer over your way though.

Please make it a cold one

[srateach]

So- we are not yet full-timers. Never heard about a curfew. It's sometimes not even dark yet at 8PM. Doesn't sound very "friendly." What are they thinking? Has anyone looked at contacting state senators, etc? Even a mail campaign to create awareness about the curfew would be better than doing nothing. Where can one go to find the facts about this imposed curfew?

[BETHPAGE BLACK]

I'm back in NY reading all this curfew nonsense..If I had wanted to move to FREEDOM POINT I would have done so..why dont you just put us all in a nursing home and throw away the key..
Those people who are complaining about noise at 8 or even 9 oclock,, need to get out of the PJ's and learn to live a little..they need a life..dont give up yet..we all have some years to go and have some fun..Ba Humbug!
Also..I beleive this will be very detrimental to the sale of homes in the Villages as the reason people move there is to have FUN...Hear that...I say FUN!..If sales go out the window (and they will) your house value goes down down down..So be careful what you wish for..Maybe these old foggies need to take out their hearing aides for awhile and everyone will be happy..
Kathiei, Dicky Skip..if you need signatures..Im there (need a stamp)..
This is so upsetting ...

[GatorFan]

The Sheriff has to inforce the laws. Do not blame him for doing his job. I personally would be upset if he did not inforce the laws. I agree the 8:00 curfew is crazy, but get the law changed. Talk to your County Commissioners.

[bluedog103]

How about finding out who the complainers are and pay them a visit. Perhaps there are reasons for their behavior. Probably not, other than just being miserable people, but there is a possibility. The visit might provide information about the volume level of the music in question and perhaps provide a remedy. In any case, the anonymity of these complaints would be a thing of the past. If you know who is making your life miserable, perhaps you can convince them to do otherwise. Use your imagination.

[Talk Host]

Originally Posted by Taj44

I'm sick and tired of reading all the nasty comments about NJBlue, simply because he or she has an opinion different than your. What is the matter with you people? And what about the Administrators - why are you allowing this?

I think that was done "tongue in cheek." I think NJBlue took it that way. I may be wrong.