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VOL 16 No. 24
April 13, 2016
For the birds cindy lane | SUN
Birds feed at sunset in Bradenton Beach.
Rental occupancy limits upheld Grandfathering will allow additional occupancy for some vacation rentals. BY JOE HENDRICKS SUN CORRESPONDENT | jhendricks@amimsun.com
ANNA MARIA – Circuit Court Judge Gilbert Smith Jr. has ruled the city of Anna Maria’s eight-person occupancy restriction on vacation rental properties is legal and does not violate state law. Smith issued his ruling on Friday, April 8, after hearing the case on Friday, April 1; the same day the vacation rental ordinance and occupancy limits took effect. The legal challenge was brought forth by Florida Gulf Coast Vacation Homes LLC doing business as Anna Maria Vacations. Smith’s written ruling specifies the
only issue the court was being asked to decide was whether the city’s occupancy restrictions, which do provide a grandfathering period, violate Florida Statute 509.032(7). The state statute says: “A local law, ordinance, or regulation may not prohibit vacation rentals or regulate the duration or frequency of rental of vacation rentals. This paragraph does not apply to any local law, ordinance, or regulation adopted on or before June 1, 2011.” In his ruling, Smith wrote, “The court finds that the ordinance does not conflict with Section 509.032(7). The ordinance does not prohibit vacation rentals that have been historically rented to more guests than is permitted under see rentals, page 34
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It’s a new day at A Hair Day Salon & Spa. 14
Anna Maria Island, Florida
In order to pursue a noise complaint, there must be a complainant, not an anonymous caller. BY PAT COPELAND
SUN STAFF WRITER | pcopeland@amisun.com
HOLMES BEACH – After losing a court case last week involving a noise citation, the city has changed its policy on taking noise complaints. The citation was issued to owner Shawn Kaleta after an anonymous caller complained about loud music and talking at 204 72nd Street on Jan. 3. Police Chief Bill Tokajer explained, “We lost the hearing because we had no complainant. From now on, a caller must give his/her name and information, meet with the officer, sign an
affidavit on a founded violation and be willing to testify in court if required. “If not, the officer will take no action other than to go by the location, and if there’s noise coming from the location that would be considered a valid complaint, meaning one that he can hear, the officer will take no action other than asking them to lessen the noise. “There will be no fines or no ordinance violation imposed without a willing complainant who will sign off and stand up in court and describe the effect this noise had on his life.”
Noise ordinance
Tokajer said the city’s noise ordinance defines noise as “any sound, which annoys or disturbs humans see noise, page 33
Michael Walker NAMED OFFICER OF THE YEAR. 4
INSIDE NEWS OPINION Sun survey business Town crier outdoors real estate classified
New noise policy in Holmes Beach
Participate in the Great American Cleanup. 13
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