Venice PIO assigned this issue to Code Enforcement

There is no ordinance restricting the type of noise that is in question.

Corrected violation and opened code case.

Code case 17-662 for tracking purposes.

Back on 07-29-2017 I received the following: George Nixon (Verified Official)
This situation has been taken care of. Please advise if situation continues.
2017-07-29 · Flag

I am letting you know that the problem exists, as I was advised. Do you mean that Venice has no noise ordinance for around residential areas? If Venice does not have a noise ordinance, it should explore one, because it is badly needed. I would also think that the store would be willing to curb their noise to allow residents a reasonable amount of time to sleep and hope that residence continue to shop at their establishment.

The particular noise ordinance states :
Sec. 34-35. - Specific prohibitions.
(5) Loading and unloading. Loading and unloading, opening, closing or other handling of boxes, crates, containers, equipment, building materials or similar objects between the hours of 7:00 p.m. and 7:00 a.m. on weekdays and 7:00 p.m. and 10:00 a.m. on weekends or holidays, in or within 50 yards of any residential property line or noise-sensitive zone.

Right now the way code is written it is enforceable only by the VPD, However, I created a Code Case so we could try to abate the violation before getting VPD involved.

Thank you. I think all residents appreciate Publix being close for shopping and realize that Publix needs time to unload merchandise. They just need some time for restful sleep and do not wish to cause a fuss. We appreciate your help.

11-9-17 Today Publix noise began at about 4:44 A.M. That is why I am up to write this. Please do something to help soon.

Thank you. Will go over myself today and speak with Store Manager.

Reassigned to Police for review.

Venice PIO assigned this issue to Law Enforcement

Captain Rose is aware.

Captain Rose, If you have talked to Publix, they apparently have no more regard for you, than they do for the residents of Country Club Estates! On Saturday morning, Nov. 11 their noise began at 4:30 A.M. This morning, it was at 6 something. Is there a none emergency # we should use to report to you, so you can hear what this sounds like when we are trying to sleep?

Captain Rose, They may actually be starting to curb their noise. I believe they had a truck that came in about 5:30 A.M. leave, to come back later to unload. Thank you for your help. We only want the chance to have about 8 hours to sleep.

11-17-17 Captain Rose, Publix woke us to their loud banging, slamming around and backup beepers at exactly 5:30 A.M. I jumped upright out of a sound sleep. Neighbors are complaining. The lady next to me said even with her hearing aids out on the nightstand, the noise is loud enough that it still wakes her up! This has got to stop. Could you please let them know about the ordinance? We are not even even asking you to enforce the 7P.M.-7A.M. that the ordinance restricts. Just 11 P.M.-7A.M., so we can sleep

Capt. Rose spoke with store manager David Waring.

Thank you so very much. We all hope that this helps.

Apparently you speaking to him about the noise ordinance means nothing to the Manager at Publix, or else he has not instructed his other employees. The noise began this morning with backup beepers at 3:53 A.M. followed by the noises of unloading a truck. Publix has no feeling for the residents of Country Club Estates! This Park should have a right to sleep. Please do something!

Capt. Rose, Just so you know the second truck Publix unloaded today arrived at 5 A.M.

Capt. Rose is aware.

Capt. Rose contacted store manager David Waring. Waring is addressing the issue with vendors and publix drivers to minimize issues.

I am reopening this, as no improvement on the "NOISE" has happened. This morning, Nov. 24 Publix began unloading at exactly 3:57 A.M., AGAIN! Their noise could wake the DEAD! I took the time to first go over to politely inform Manager David Waring of the issue, last Spring. He said he understood how it could be an issue and promised he would look into the problem. Nothing happened. I first made comment on the "Noise" to Click Fix, when others here in the Park, including myself were still complaining about it last Spring. All Publix would have to do is refuse to unload a few times and their vendors would get the hint and make deliveries to other stores, that are not backed up to residential areas, first. At this point, I am exasperated that no improvement has happened, when there is an ordinance that clearly should handle this problem. What is the next step that we should take or do people over 55 just not count? Is Publix above the law, that the ordinance clearly covers? What do you suggest? Do you want us to petition, notify the news, picket, call the police every night or what? I really hate to do that, as I feel that the police have other responsibilities, where their time would be better spent. Thank you for any help you are able to give us.

MOVE

We are a nation of rules and laws. I do not believe moving should be necessary, since Venice clearly has an ordinance that covers this issue. We understand that Publix needs time to unload their products and believe they should be able to accomplish this in the other 16 hours of the day.

I surrendered and got up this morning while the second truck was delivering at Publix banging, and it was before 6 A.M.

Dear Capt. Rose "All I want for Christmas is a Good Nights Sleep, a Good Nights Sleep, a Good Nights Sleep, and I could wish you Merry Christmas!" The Publix Manager has had several weeks to notify his suppliers by now, to no avail! Last week after several trucks had unloaded, I got up to walk my dog. It was shortly after 6 A.M. A Coke truck was at Publix unloading at the time, which could easily be unloaded anytime during the day. I spoke to one of the 2 guys in the truck. They told me they had no knowledge of any ordinance and that they wait on the Store Manager to instruct them on unloading time, which they said had not been changed. Until you apply pressure to the Publix Manager, he is not going to change and the people of Country Club Estates (509 homes) will continue to suffer. I request that Publix be made to post a sign behind the store, like they use to have, telling they receive NO DELIVERIES until after 7 A.M. and that the manager be addressed that there are consequences to ignoring the laws that the City of Venice has on the books. Possibly you could park the old squad car I have seen parked at times across from the hospital on Tamiami Trail, behind Publix in their loading dock for a few nights and remove it after 7 A.M. This would not take officers from their duty and would stop Publix from defying the ordinance. Otherwise, please let me know when I can meet with you to find out what I need to do, on the behalf of the people of Country Club Estates, to file a grievance against Publix.

It is Sunday 12/17. Publix began unloading trucks to wake us up around 5:40 this morning!

12/18 I so hated to have to call this morning, but after the 2nd truck by 5:28 A.M. I felt I needed to do it. I would like to thank both of the nice officers that so quickly responded, but hated to take them from their other duties. I believe they were quickly able to hear that the people at Country Club Estates have a legitimate complaint about the truck unloading noise by Publix. Hopefully this will cause Publix to abide by the Venice Ordinance.

Publix has done a much better job of keeping the noise down. They have not woke us up at 3 A.M. for some time. However, they did have 2 semis backing into there loading dock, using loud air brakes and a smaller truck with a trailer, before 7 A.M. this morning. Still this is a great improvement from before. We all appreciate the chance to sleep and thank you for you help.

You may have to remind Publix that not all residents are snow birds directly behind them. Many people live here full time. When Publix trucks arrive behind their store at 6:30 a.m. using their air brakes backing into the loading dock, it is still very disturbing when people are trying to sleep.

Resident of CCE, has this matter been resolved or are you still experiencing issues?
Thank you

It is much better than it was back when I first wrote in November when the people of Country Club Estates were complaining. Back then Publix had deliveries all hours including 3:30 a.m.! After the police came in December and parked in the parking lot, hearing all the noise and went and explained the ordinance to them, it has been much better. During April several of the trucks had been pulling into the area behind Publix using air breaks trying to get a jump on unloading I guess. It seems to be better now. I will be away from Country Club Estates now until the Fall. When I get back in the Fall, I will be glad to let you know, if you leave this open on Click Fix. Otherwise, if you leave contact information I will be glad to contact you directly, if the issue reoccurs for the Park residents upon my return. Thank you all for your help. You know it was bad, when many of the senior people with hearing aids were even complaining about the noise during the nights at Publix waking them up!

Resident of CCE, thank you for providing us with an update and I am happy to hear that things have improved. I am going to close this ticket as a result of your response and upon your return in the fall, if you feel the situation has come back, please do not hesitate to contact me at 941-882-7439. Thank you for being patient and for using seeclickfix.

Thanks for fixing this request!