After evaluating the arguments, the U.S. Court of Appeals determined that the noise ordinance and the City’s enforcement provisions passed constitutional muster.  Specifically, the Court ruled that the ordinance is content-neutral and contains permissible time, place and manner restrictions.  Its language clearly provides fair notice of what conduct is prohibited and does not leave room for arbitrary or discriminatory enforcement.  Furthermore, the ordinance is not overbroad as the plaintiffs claimed.  It does not restrain or discourage free speech with criminal penalties. 

Commissioner Souto sponsored the comprehensive ordinance to regulate “excessive” noises generated from all kinds of sources.  They include horns and signaling devices, radios, televisions, instruments, outdoor pets, vendors and peddlers, loudspeakers, power tools, and landscaping equipment.  The operation of any noise-making device is also restricted between the hours of 11:00 p.m. and 7:00 a.m.   It is a violation of the law if, during this time, noise is audible within a distance of 100 feet from the building from where it’s generated.

“The purpose of the noise ordinance is to protect the quality of life, peace and tranquility of all the residents of our county,” said Commissioner Souto.  “This is not a total ban on music or other sounds; it only restricts the volume of devices so as not to intrude on the lives of neighborhood residents or affect the comfort of involuntary hearers.”