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County Noise Ordinance Challenged
Tuesday, 23 June 2009

June 23-- The Toombs County Commission is now under attack for the Noise Ordinance which the Commissioners approved at their June meeting.

Since then, the 'Silverado Ballroom' on Highway 1 has been issued four different citations. Nightclub owners, Raymond and Gabriel Florez, contend that their business is a "commercial entity," and the sounds produced in their establishment are necessary for the business to be profitable and serve its customers.

Florez's lawyer, Francis Stubbs, has asked for a temporary injunction to stop enforcement of the Ordinance.

"The club owner has filed a lawsuit, asking the Superior Court to interpret the ordinance, to determine whether the club is excluded from the ordinance, the club being a commercial enterprise. The ordinance excludes commercial enterprises, and the 'Silverado' is a commercial enterprise," explains Stubbs.

County Manager, Doug Eaves, is having the suit evaluated by the County Attorney, and states that the county will take all of the essential steps to do what is best for the local citizens.

"The county, in an effort to protect our citizens and protect public safety, as enacted a Noise Ordinance. It has been challenged through court, and we are having our County Attorney, Howard Kaufold, review it. The county will take any appropriate action necessary to make sure we protect the well-being and public safety of all of our citizens," says Eaves.

Stubbs has asked the court to schedule a hearing at the earliest possible date.

 
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