Aquarina is located on the barrier island, bordered by the ocean and beaches on one side and the gently lapping waters of the IRL on the other. We purchased here in 2020, choosing Aquarina so we can hear the ocean waves, the breeze and birds from our home.
Now pickleball courts are being placed on the 2025 budget. This sport that has exploded in popularity across the country in recent years has also generated a spate of noise complaints nationwide and resulted in court closures and numerous lawsuits. One internet search is all it takes. There is no plausible deniability.
Publicly available Pickleball Noise Impact Assessments and current case law regarding noise levels at pickleball courts indicate that permanent outdoor pickleball courts within the Aquarina Community Center grounds will create noise levels that exceed all reasonable standards set forth in Brevard County local laws and deprive residents from quiet enjoyment of their homes and outdoor spaces.
The Code of Ordinance of Brevard County, Chapter 46 - ENVIRONMENT ARTICLE IV. - NOISE Sec. 46-... applies to the control of all noise originating within the unincorporated areas of Brevard County. The article states that 'it is prohibited and unlawful for a person to willfully engage in any activity on any premises or public space in the unincorporated areas of Brevard County, which activity produces or constitutes a noise disturbance on adjoining or neighboring properties or public spaces except as defined and establishes maximum noise levels of 65DBa including impulsive sounds during daytime hours (7am - 10pm). In the case of noise that is impulsive or not continuous, the sound level measurement shall be taken over a period of time of at least one minute. Any such sound or noise that exceeds the prescribed level more than two times in a minute shall be deemed to exceed the prescribed sound levels.
A noise ordinance, specific to pickleball, has been adopted in Centennial, Colorado - possibly the first of its kind. So precedent shows that:
- Before a court can be established, an acoustical analysis will have to be conducted to determine the noise level in that zone. Noise mitigation measures, such as sound walls, can be incorporated into the design to comply with the noise requirements.
- It forbids any permanent outdoor pickleball courts within 250 feet of a home’s property line. Between 250 feet and 600 feet from a home, the city will require a permit before a court can be built, and the sound of play from that court cannot exceed 47 decibels as measured at the nearest property.
This underscores the need for a professional impact assessment to ensure the continued quiet enjoyment of our homes and outdoor spaces.
Feasibility involves choosing open land and getting quotes for installation. That is not enough. An Impact Assessment needs to be performed to verify feasibility; with its costs associated with:
- noise mitigation and
- the associated installation at a correct location,
- materials,
- fencing,
- berms,
- landscapting,
- use of specific equipment,
- staffing to enforce said use, etc.
All of that in turn, informs feasibility. A line item on a budget for pickleball court(s) that doesn't include a professional Impact Assessment and Noise Mitigation is incomplete at best.
Please circulate ASAP to your respective community and ask them to sign the petition ( http://change.org/pickleball-impact ) and join the ACSA board meeting today if possible, via Zoom: https://us02web.zoom.us/j/86885991289 I have deliberately left off the meeting code since this petition is publicly visible - so you will have to check your email from FSR to obtain it, but it is the same one they always use.
See you online today at 3pm Eastern to make our concerns heard during the public portion of the meeting. I believe we have 3 minutes to speak. Would someone like to use their three minutes to play this video/sound? https://youtu.be/6hmove8aSjw