Loading...
HomeMy WebLinkAbout10-20-2011 Minutes THE CITY OF OCOEE POLICE INFRACTION HEARING BOARD MEETING OCTOBER 20, 2011 CALL TO ORDER Chairman Chinelly called the City of Ocoee Police Infraction Hearing Board meeting to order at 7:00 p.m. in the Commission Chambers of City Hall with the pledge of allegiance. The roll was called and a quorum declared. MEMBERS PRESENT: Chairman Chinelly, Vice -Chair Garland, Members Amey, Ball, and Zielinski. Also present were Lt. Dreasher, Staff - Liaison Sgt. Wagner, Ofc. Whiting, and Court Clerk Decaul. ABSENT: Member Lopez - Anderson (unexcused). Chairman Chinelly welcomed everyone and explained the procedures for the hearing. He swore in the officers and the complainants who were present. PRESENTATION OF CASES 2011- 0003 -1891 Hersey— Ofc. Whiting presented his evidence as to why a citation was issued to Mr. Hersey. Mr. Hersey submitted an affidavit to contest the citation. Lt. Dreasher gave brief instructions to Member Zielinski on the board's protocols as he was newly appointed to the board. Lt. Dreasher also offered the board a refresher on the Noise Ordinance, section 113 -6 (E), and additional ordinance commentary was provided by Ofc. Whiting. Chairman Chinelly asked Ofc. Whiting if he has issued many Noise Ordinance citations in the City, and Ofc. Whiting stated approximately twelve (12). Chairman Chinelly also asked Ofc. Whiting if this particular citation was issued as a consequence of a complaint. Ofc. Whiting explained that this particular citation was issued while he was patrolling the City; however, some of the citations he has issued were as a consequence of complaints. Vice -Chair Garland asked how far away Ofc. Whiting was from Mr. Hersey's vehicle when he heard the loud music, and Ofc. Whiting stated that he was over a football field away. Discussion ensued about the direction that Mr. Hersey was travelling and the location of Ofc. Whiting's vehicle upon first hearing the loud music. Mr. Hersey stated that he did not have his music on loudly. He also stated that he was travelling in the same direction as many other cars and did not understand why Ofc. Whiting thought the music was coming from his vehicle. Board discussion ensued on the direction of Mr. Hersey's vehicle, his car stereo and speakers, and how his vehicle was purchased. Member Amey asked Mr. Hersey if he was playing his music loudly. Mr. Hersey stated that he did not have his music on loud; however, he did hear loud music but was unsure where it was coming from. Member Laney asked Mr. Hersey if he was listening to the radio or a CD at that time, and Mr. Hersey stated that he could not remember. Board discussion ensued about the City's Noise Ordinance and state law, and Lt. Dreasher stated that the state law at this point is under appeal but has yet to be repealed. He further stated that a cease and desist order has not been given. Member Laney asked Mr. Hersey if he has ever been pulled over for loud music before, and Mr. Hersey explained that he did when he was sixteen (16). Member Zielinski asked if he was issued a citation and Mr. Hersey explained that he was given a written warning. Member Amey asked Ofc. Whiting if Mr. Hersey questioned the constitutionality of the City's Noise Ordinance. Ofc. Whiting explained that he had; however, Mr. Hersey stated that he had not made this comment. Member Ball asked if Ofc. Whiting was a patrol officer and Ofc. Whiting stated that he is. Member Laney told the board that when music is played so loudly it becomes a safety issue as it is hard to hear emergency vehicles. The board discussed the location of Ofc. Whiting's vehicle Page 1 of 3 when he initially heard the loud music from Mr. Hersey's vehicle, and the direction Mr. Hersey's vehicle was travelling. Members Amey and Laney stated that their concern is more with the violation itself than which way the vehicles were travelling. Board discussion ensued about the distance between roads and residential homes, and how much of a nuisance loud music creates for the residents. Chairman Chinelly stated that the duty of the board is to make a determination if there was a violation of the ordinance and not so much the path travelled by Ofc. Whiting or Mr. Hersey. Member Laney made a motion to deny Mr. Hersey's appeal, seconded by Member Ball. Motion passed 5 -1, with Member Zielinski opposing ADJOURNMENT Meeting adjourned at 7:47 p.m.; board resumes for new business. REGULAR AGENDA A. Approval of Minutes for July 21, 2011 Vice -Chair Garland made a motion to approve the minutes for July 21, 2011, seconded by Member Laney. Motion passed unanimously. BOARD OR OFFICERS COMMENTS OR QUESTIONS Board discussion ensued about the size and quality of speakers in Mr. Hersey's vehicle. The board also discussed the audible distance of loud music that constitutes a violation, and by City Ordinance, concluded the distance to be twenty -five (25) feet. Further discussion concluded the safety hazards it may cause to have music on so loud. The board also discussed using discretion when making votes, but cannot deem any City Ordinance unconstitutional. Ofc. Whiting invited Member Zielinski to go on a ride -a -long with him so that he may see the discretion used when citing members of the public. Member Laney asked Ofc. Whiting what the protocol would be should she be driving next to a vehicle playing obscenely loud music. Ofc. Whiting stated that she could call the police department and provide them with a tag number. This will allow the police department the opportunity to mail courtesy letter to the owner of the vehicle. Member Zielinski stated that calling the police department to report this type of complaint would tie up officer time and take them away from more important calls. Member Laney stated that the police department will prioritize the calls, and suggested that Member Zielinski attend the Citizens Police Academy (CPA) so that he can get a better understanding of police work. Lt. Dreasher stated that calling the police department to make such a complaint is perfectly acceptable. Chairman Chinelly stated that the reason for this board is to listen to infractions such as the one tonight, and that there are many safety issues with playing loud music. Member Amey stated that tonight's meeting set a precedent. She continued to say Mr. Hersey will go back to his friends and warn them about playing loud music. Member Zielinski asked about calling the police department anonymously because of retaliation. Vice -Chair Garland suggested recording the loud music, and Ofc. Whiting stated that in the future he will begin recording the traffic stops. Ofc. Whiting wanted to clarify that the voice recorder would record the traffic stop conversation but would not be able to record the actual music. Chairman Chinelly stated that although the officers should not have to record their every traffic stop, it may have to come to that when there is a question as to what was said. Chairman Chinelly stated that the PIHB board is an administrative board and not a replacement for a court as no points are assessed. Lt. Dreasher explained that although the PIHB denied Mr. Hersey's appeal, he may take it to a higher court to appeal their decision. The City Commission can also repeal Page 2 of 3 the PIHB's decision. Member Ball asked if the issuance of a Noise Ordinance citation allows the officer to expand on the report, and Ofc. Whititng stated that a report is not included with the citation. Lt. Dreasher indicated that this can be resolved by taking notes. Member Ball explained to the board that the directional particulars of this case should not have bearing on the outcome as many officers are unable to remember the exact location when they first become aware of the loud music, or in which direction they were travelling. The high volume of calls, and a lack of report, does not allow for this. ADJOURNMENT Meeting adjourned at 8:17 p.m. Respectfully submitted, Tana Turner, Recording Secretary Jo;'Chinelly, Chairman c Contact the City Clerk's Office to listen to an electronic copy of these minutes. Page 3 of 3