Noisy Airboats Can Be Nuisance Even When Rule-Abiding

Wednesday, October 03, 2018 7:34 am
October 2018 - Volume 46 Number 10

An appellate court in Florida reinstated a complaint against an airboat company because the trial court wrongly concluded that noise from the boats couldn’t be a nuisance where the boats’ activity was authorized by law.

Facts: Wayne L. Neidlinger, doing business asCaptain Fred’s Airboat Nature Tours (Captain Fred’s), operates commercial airboat tours on Lake Hamilton in Florida. These tours generate noise levels up to 100-110 decibels when the airboats come within 1,500 feet of the shoreline. People live along the shore of Lake Hamilton, and almost 400 of the residents signed a petition asking the Lake Hamilton Town Council to enact an ordinance to prohibit the airboat tours. Although the town council did not pursue an ordinance, the Lake Hamilton Lakeshore Owners Association, Inc. (HOA) filed a complaint aski[..]