Partying too loudly, even on a Saturday afternoon, is worthy of a noise violation in Holmes Beach.
Special magistrate Michael Connolly ruled Feb. 10 to fine Justin Daniel Clark $185 for violating the city’s noise ordinance last November at his father’s property, at 240 S. Harbor Lane.
Holmes Beach Police Officer Michael Van Horn and Sgt. Tom Fraser said they visited the property around 2:50 p.m. Nov. 27, 2021, in response to a neighbor’s complaint about excessive noise.
The officers provided body camera video of the incident in which loud music can be heard coming from the property as they approached.
The footage also shows Clark accepting a noise violation from police and admitting there had been underage drinking at the party.
Van Horn issued a citation for excessive noise based on the plainly audible standard and called Clark’s father, who responded to break up the party.
Attorney Michelle Grantham, of the Bradenton-based Najmy Thompson law firm, represented the defendant and said a noise violation without a decibel reading on a Saturday afternoon was unreasonable to uphold.
“It was 2:50 in the afternoon. Frankly, that’s the argument,” Grantham said.
She added that Clark was not aware of the city’s new noise ordinance, which was adopted Sept. 15, 2021.
Holmes Beach Police Chief Bill Tokajer said the property had been the subject of 12 noise complaints since 2019 but had only garnered warnings since police found no violations.
City attorney Erica Augello said the violation was due to unreasonably excessive noise regardless of time and date and met several of the seven standards for a violation established in city code.
She asked for Connolly to issue the city’s maximum $175 for such a violation, a $10 administration fee and undetermined “reasonable investigation costs.”
Connolly found a violation had occurred and granted all but Augello’s final request.