A Practical Plan to Fix Our Noise Ordinance

If you live on Marco, you already know that uncontrolled noise is a serious quality-of-life issue on the island. The Wink News Listens event highlighted noise as a top Marco Island concern, and I frequently hear from residents that they are fed up with late-night disturbances and inconsistent enforcement. 

Our current rules simply aren’t working. It’s time for a more effective noise ordinance and strict enforcement of that legislation.

My plan is straightforward. It relies on restoring the noise ordinance adopted in October 2020, which was written by our own city attorney and previously approved by City Council.  It worked better than what we have today, and it provided a stricter, more enforceable framework. A few years ago, that noise ordinance was watered down for reasons unknown. The first step is to bring this strong, well-crafted ordinance back to life.

In addition to this stronger ordinance, I am proposing a few practical enhancements designed to strengthen enforcement and improve the City’s ability to collect fines. This is not reinventing the wheel. It is using a framework that already worked here on Marco Island, and making it function the way it was intended.

One of the biggest issues today is that our allowable noise levels are simply too high. In fact, they are considerably higher than those in Naples and most other Florida municipalities. Currently, Marco Island residents are expected to tolerate a greater level of noise than those in neighboring communities. Our existing limits also contribute to the amazing fact that more than 90 percent of noise complaints are deemed invalid.

My proposal lowers those limits to 60 decibels during the day and 55 at night in single-family neighborhoods, bringing them in line with surrounding communities and establishing a more reasonable, enforceable standard.

Under the current system, enforcement is weak. In the rare situation where a noise complaint is deemed to be valid, in most cases, only verbal warnings are issued. That means there is little documentation and, in practical terms, no real consequence for violations.

My plan changes that. It requires written warnings for verified violations and establishes a clear escalation process: one warning per property within a 12-month period, followed by citations for repeat offenses. It also requires officers to check prior warnings before responding to a new complaint. This creates consistency, accountability, and a record that supports meaningful enforcement.

I have also heard from residents who are afraid to report violations because they fear retaliation. They shouldn’t have to worry about that. This proposal ensures that complainant identities remain confidential in the field, with any requests for that information handled through the proper public records process. This reflects current practice, aligns with Florida law, and gives residents the confidence to come forward.

There has been some confusion about who is responsible when a violation occurs. Let me be clear: our current ordinance already holds both property owners and the individuals creating the disturbance accountable, whether those individuals are renters, guests, or occupants. That is nothing new.

What this plan does is restore the clearer, stronger language from the October 2020 ordinance so that responsibility is clearly communicated and consistently applied. Both parties will receive warnings and citations, ensuring fairness and improving compliance.

An ordinance only works if it has teeth. Right now, our ability to collect fines is limited because key details are not fully spelled out. This proposal addresses that by clearly establishing a 30-day deadline for payment, considerable late fees, the doubling of fines after 90 days of non-payment, and the accruing of interest after 30 days of non-payment. These are legally permissible measures, but they are only enforceable if they are clearly spelled out in the ordinance itself. This plan does exactly that.

If fines still go unpaid, the City needs clear authority to act. Under this proposal, after 90 days of nonpayment, the City can pursue civil action, recover administrative and legal costs, and, where permitted, place liens on properties. This ensures accountability while protecting taxpayers from bearing the cost of repeated violations.

This is a practical, legally sound plan built on a framework that was created here on Marco Island by our own city attorney and previously adopted by City Council. It does not overcomplicate the issue. It restores what worked and adds a few common-sense improvements to strengthen enforcement and ensure fines are actually collected.

If we work together, we can enact a noise ordinance that is fair, effective and enforceable. Most importantly, we can protect homeowners’ legal right to the peaceful enjoyment of their properties while at the same time protecting the small town charm that makes Marco Island so appealing to residents and visitors alike.