Shawn Kaleta won in court on noise.
And the Holmes Beach ordinance challenged by the developer — under which Kaleta was charged and exonerated as a landlord — withstood judicial scrutiny.
Following a trial in February, 12th Circuit Judge Doug Henderson entered a March 3 judgment upholding the ordinance but dismissing the noise citation.
Kaleta faced a $250 fine.
“It goes to show the unreasonableness of ordinance,” Kaleta’s attorney, Louis Najmy of the Najmy Thompson, said about the exoneration.
The judge found Kaleta not guilty on the noise complaint police responded to in October. The code citation also named A.M.I. Beaches Real Estate.
The judge ruled there was insufficient evidence despite testimony of a Holmes Beach police sergeant observing six-eight adults, “loud” music and conversation by the pool at 204 72nd St.
He added, “While a specific decibel reading is not required to establish a violation, there was an insufficient showing of ‘excessive, intense or unusual’ sound per the standards set forth in Sec. 30-55 of the ordinance.”
According to the HBPD report, a 51.0 decibel reading was measured.
Najmy said Kaleta challenged the ordinance not to discourage the city from policing noisemakers but because the ordinance is overbroad and discriminative.
Henderson denied Kaleta’s motion to dismiss aimed at overturning the noise ordinance, finding no evidence of discriminatory enforcement.
The ordinance provided “fair notice of prohibited conduct” and did not violate the developer’s due process rights because a prior warning had been given, according to the judge’s ruling.
Kaleta is considering an appeal of the decision.
Another noise complaint involving Kaleta — a third offense with a $500 fine under the ordinance — is set for hearing at 10 a.m. Wednesday, April 6, at the Manatee County Judicial Center, 1051 Manatee Ave. W., Bradenton.