Special Magistrate downgrades Patio Place citation to a Written Warning

Submitted by Suanne Z. Thamm

Reporter - News Analyst

November 2, 2017 2:23 p.m.

The Patio Place at 412 Ash Street, Fernandina Beach, FL.

Fernandina Beach Code Enforcement Special Magistrate Miriam R. Hill has rendered her decision in the appeal of Ms. Amy Petroy for violation of the city noise ordinance.

She has ordered that Petroy’s August 9, 2-017 citation be converted to a Written Warning and that the $250 fine be remitted to Ms. Petroy along with the $75 appeal fee.

In her decision, which was dated November 1, 2017, Hill found that Petroy, owner of The Patio Place, on August 9, 2017, “was in violation of COFB Ordinance 42-142(b) for operating an instrument so as to be plainly audible from a distance of 100 feet from the premises in which it is located.”

Hill determined that it was undisputed that The Patio Place was issued a written citation on February 18, 2017, and that the citation was later voided. But she concluded, “Because the February 18, 2017 citation was marked “void” it was not unambiguously converted to a written warning; as a result, at the time of the violation on August 9, 2017 Ms. Petroy had not previously been issued a written warning as provided in COFB Ord. S. 42-142(b).”

Hill's decision followed a hearing held at City Hall on October 24, 2017 in which complainant Amy Petroy was represented by pro bono attorney Nicole Jamieson.  City Attorney Tammi Bach represented the city.  Both sides submitted evidence and called witnesses.

City Attorney Tammi Bach said, “The city will continue to enforce its noise ordinance and if there is a complaint, the Police will respond. If there is another violation within the next 12 months, Ms. Petroy will be issued a citation in the amount of $250.”

Editor's Note: Suanne Z. Thamm is a native of Chautauqua County, NY, who moved to Fernandina Beach from Alexandria,VA, in 1994. As a long time city resident and city watcher, she provides interesting insight into the many issues that impact our city. We are grateful for Suanne's many contributions to the Fernandina Observer.