All

After a productive meeting today with City Attorney Mr. Lester

Johnson; City Attorney Mrs. Denise Cooper; COS Code Compliance rep;
COS Zoning rep; COS Revenue rep and the Savannah Police Dept.’s
Central Precinct representatives it has been decided that the Savannah
Police Dept. will cite any noise complaint/violation from this day forward
up to the court date of Wednesday September 19, 2018 at 2pm for 1919 Bull
Street. This is the Foxy Loxy Café.

All citations will use the Wednesday September 19, 2018

date with a 2pm court time.

Code Sections to be used (see below):

· Sec. 9-2035. (F)

· Sec. 9-2036. a(1)
· Sec. 9-2036. B
FYI: City Attorneys Mr. Denise Cooper and Mr. Lester Johnson are CC’ed
in this email as well as Mrs. Jennifer Jenkins from Foxy Loxy and Mrs.
Sara Georgiadis with her Daughter, Ms. Athena Georgiadis from 1915 Bull
St.

Sec. 9-2035. - Specific activities prohibited.

(f) Musical instruments and similar devices. No person shall operate, play or
permit the operation or playing of any drum, musical instrument or similar
device which produces sound in such a manner as to create a noise
disturbance across a residential real property boundary or within a noise-
sensitive area, subject to the provisions of section 9-2033 and section 9-2036
of this article. (Code 1977, § 9-2035)

Sec. 9-2036. - Regulation of sound equipment and sound-amplifying

equipment.
(a) Except for activities for which a permit has been issued by the city
under this section, no person shall so operate, play or permit the operation
or playing of any radio, television, phonograph, amplifier, loudspeaker, or
similar device so as to:
(1) Create a noise disturbance across a real property boundary or within a
noise-sensitive area. However, bars, taverns, lounges, nightclubs,
dancehalls, game rooms and similar activities which produce a noise that is
plainly audible beyond the premises shall be deemed a noise disturbance in
violation of this article.


Dear:

Corporal Barry Lewis

Central Precinct
Crime Prevention Officer

Lorie Odom
Deputy City Marshal
Code Compliance Department

Tiras Petrea
Principal Zoning Inspector
City of Savannah Development Services

Foxy Loxy is not in violation of Savannah’s Noise Ordinances; specifically, Sec. 9-2036. Sec. 9-2032
outlines three elements that constitute a noise disturbance. All three elements require demonstrable
evidence of noncompliance. Two of the elements provide clear guidelines: (1) any sound which
endangers or injures the welfare, safety or health of human beings; and (3) devalues or injures
personal or real property. Here are two clear standards with apparent evidentiary standards: (1)
demonstrating injury to wealth and safety; or (2) devaluing or injuring personal property. Oddly
wedged in between these two elements is the following provision: “disturbs a reasonable person of
normal sensitivities.” As ambiguous as the language reads on its face, it is still nuanced enough for a
rationale interpretation. “Reasonable” and “normal” are standards with an evidentiary correlative;
otherwise, the statute would merely read: “disturbs [any] person of [any] sensitivity.” Legally
speaking, this would mean absolutely nothing and it’s difficult to imagine a judge who would interpret
the language as such. The city appears to be interpreting the ordinance to allow any person to file a
noise complaint for any reason. This would allow anyone to effectively shut down a business they
simply did not like and have a chilling effect on the overall economy. Not to mention, the local
government would be taxed with noise complaints from virtually any neighbor with an ax to grind.
These policy arguments, in addition, to the plain text of the ordinance will be considered by a court in
its interpretation.

I. Foxy Loxy does not create a noise disturbance pursuant to Sec. 9-2036(a)(1)

Sec. 9-2036: Regulation of sound equipment and sound-amplifying equipment states, in relevant part,

(a) no person shall so operate, play or permit the operation or playing of any radio, television,
phonograph, amplifier, loudspeaker, or similar device so as to:

(1) Create a noise disturbance across a real property boundary or within a noise-sensitive area.
However, bars, taverns, lounges, nightclubs, dancehalls, game rooms and similar activities which
produce a noise that is plainly audible beyond the premises shall be deemed a noise disturbance in
violation of this article. (italics added)

Section 9-2032 defines a noise disturbance as any sound that (1) endangers or injures the welfare,
safety or health of human beings, or (2) disturbs a reasonable person of normal sensitivities, or (3)
devalues or injures personal or real property, or as hereinafter defined. (numbers added for clarity)



While elements (1) and (3) articulate identifiable measures, element (2) employs a broader standard
that requires interpreting supplementary provisions of the ordinance.

Foxy Loxy does not create any sound that endangers or injures the welfare, safety or health of
human beings.

Mrs. Georgiadis, nor any other complainant, has presented evidence that Foxy Loxy has injured her or
any other human beings’ welfare, safety, or health. This provision does not appear to be at issue.

Foxy Loxy does not create any sound that devalues or injures personal or real property.

Mrs. Georgiadis, nor any other complainant, has presented evidence that Foxy Loxy has devalued or
injured personal or real property. This provision does not appear to be at issue.

Foxy Loxy does not create any sound that disturbs a reasonable person of normal sensitives.

While the Code uses the term “reasonable” 125 times in 26 different ordinances, it does not expressly
define it. The code uses “reasonable” as an adjective to qualify different nouns, including “force,” “time,”
“cost,” “requests,” and many more. Solely from a grammatical perspective, the drafters would not have
modified the noun “person” with “reasonable” or the noun “sensitivities” with “normal” if no
measurable/logical standard was implied with it. For instance, imagine if the City interpreted every use
of “reasonable” as if it meant “any” as it appears to be doing in regard to the noise ordinance. There
would be no logic or measurable phenomenon to qualify “force,” “time,” “cost,” or, in the case at hand,
“noise.” Such interpretation would undermine fundamental tenets of law and was clearly not the intent of
the drafters.

While the ordinance may not be perfect, there is enough language to interpret the reasonableness
standard in regard to the noise disturbance. Sec. 9-2032 defines a noise disturbance as “any sound
which endangers or injures the welfare, safety or health of human beings, or disturbs a reasonable
person of normal sensitivities, or devalues or injures personal or real property, or as hereinafter
defined.” (italics added). To this end, Sec. 9-2034(1) references a table with the “maximum permissible
sound levels allowed at or within the real property boundary of a receiving land use” in terms of
decibel (dB) use.

Mrs. Georgiadis’ property (the subject receiving land use) is zoned business and allows for 65 dB at all
times. Moreover, Sec. 9-2034 reads “the sound levels measured shall not exceed the sound levels set
forth in Table I by more than ten percent of any measurement period.” As such, Foxy Loxy has a
prescribed sound threshold of 71.5 (65 dB + (10% of 6.5 = 71.5).

Sec. 9-2034(2) even outlines how to measure the sound and with what device as prescribed by the
American National Standards Institute (ANSI). Foxy Loxy, at its own cost, purchased the device and
takes regular readings. The readings have never exceeded a noise level of 65 dB, well within the limits
of the 71.5 dB-level allowed by the Code. It is clear that the Code’s drafters went to great lengths to
establish a clear and objective rubric to quantify the “reasonableness” standard.

II. Foxy Loxy is not a bar, nightclub, tavern, or similar activity as defined by Sec. 8-3200

According to Sec. 9-2036(a)(1), “bars, taverns, lounges, nightclubs, dancehalls, game rooms and
similar activities” are held to a higher noise standard: they cannot “produce a noise that is plainly
audible beyond the premises shall be deemed a noise disturbance in violation of this article.” In other
words, “any noise plainly audible beyond the premises” into a de facto “noise disturbance,” as defined
by Sec. 9-2032. However, Foxy Loxy is not a bar, tavern, lounge, nightclub, dancehall, game room, or
similar activity.

Section 8-3200 (2) defines Bar, nightclub or tavern as “An establishment devoted primarily to the
retailing and on-premises drinking of malt, vinous, or other alcoholic beverages, or any place where
any sign visible from public ways exhibited or displayed indicating that alcoholic beverages are
obtainable for consumption on the premises. While a bar, nightclub or tavern may also provide food
service, the facility derives more than 50 percent of its annual gross food and beverage sales income
from the sales of alcoholic beverages.”

Foxy Loxy derives 6 to 8 percent of its annual gross food and beverage sales income from the sales of
alcoholic beverages. Section 8-3200 clearly does not subsume Foxy Loxy, nor does Sec. 9-



2036(a)(1), notwithstanding its “similar activities” language. Sec. 9-2036(a)(1) clearly and states and
implies only bars –not coffee shops, where the primary consumers are students and young
professionals grabbing a cup of coffee. As such, 9-2036(a)(1) noise disturbance provision applies to
Foxy Loxy, allowing for a decibel threshold of 71.5 –not its bar and tavern exception.

III. Foxy Loxy does not use an amplifier or loudspeaker that produces a noise disturbance in
violation of Sec. 9-2036(b)

Sec. 9-2036(b) provides that “no person shall use, operate or cause to be used or operated any radio,
record player, tape deck or player, loudspeaker, amplifier, soundtrack or other device for producing,
reproducing, or amplifying sounds, hereinafter referred to as “sound equipment,” upon the public
streets or in any building or upon any premises, public or private, so as to produce a noise
disturbance.” (italics added). Based on the rationale as discussed above, Foxy does not produce a
“noise disturbance” as defined by Sec. 9-2032.

Conclusion

Foxy Loxy is well within the decibel limits as prescribed by the Savannah Ordinance as well as those
levels recognized as common and acceptable noise levels by industry experts. The Center for Hearing
and Communication (CHC), a nonprofit organization dedicated to improving the quality of life of the
hearing disabled, provides points of reference for decibel levels:

• 10 normal breathing
• 20 whispering at 5 feet
• 30 soft whisper
• 50 rainfall
• 60 normal conversation
• 110 shouting in ear
• 120 thunder

The CHC notes that the following household appliances measure in a decibel level, ranging from 50-
80: electric toothbrush, washing machine, air conditioner, electric shaver, dishwasher, and TV audio
(see table below).

On average, all of these household appliances put out a decibel level higher than Foxy Loxy. A
reasonable person with normal sensitives, as described by Sec. 9-2032, does not include individuals
that are disturbed by decibel levels of 65 and below.

Sec. 9-2036. - Regulation of sound equipment and sound-amplifying
equipment.
(b) Sound equipment permitted. Except as hereafter provided, no person
shall use, operate or cause to be used or operated any radio, record player,
tape deck or player, loudspeaker, amplifier, soundtrack or other device for
producing, reproducing, or amplifying sounds, hereinafter referred to as
"sound equipment," upon the public streets or in any building or upon any
premises, public or private, so as to produce a noise disturbance. However,
the following activities where authorized by the City of Savannah may use
sound equipment which produces a sound not to exceed 90 dB(A)'s when
measured at a distance of 50 feet from such equipment. Where the receiving
land is residential, such equipment may be used only from 9:00 a.m. to
11:00 p.m.:
(1) Public health and safety purposes;
(2) Fairs, carnivals and similar activities;
(3) Parades, processions, excursions and associated festivities;
(4) Outdoor concerts and theatrical performances;
(5) Outdoor neighborhood functions such as lawn and pool parties, street
dances and similar activities;
(6) Civic and religious celebrations;
(7) Recreational and athletic activities.

Thank You,

Corporal Barry Lewis

Central Precinct (3)
Crime Prevention Officer (CPO3)
Savannah Police Dept.
912-658-9206 (Cell)
912-525-3114 (Office)
912-651-6931 (Pct.)
Blewis01@savannahga.gov