|
|
Town of Ocean Ridge |
|
|
Town Hall: 561-732-2635 561-737-8359 (fax) |
Town Hall Hours: |
Police Dept.: |
|
|
Town Hall
Building & Zoning Police Department
Local Weather
Privacy and Usage Policy
|
ORDINANCE NO.
553 AN
ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF OCEAN RIDGE, FLORIDA, AMENDING
THE CODE OF ORDINANCES AT CHAPTER 1, SECTION 1-3, DEFINITIONS, ADDING AND
AMENDING VARIOUS DEFINITIONS REGARDING NOISE REGULATION, AMENDING CHAPTER 34,
ARTICLE II, OF THE CODE OF ORDINANCES, CONCERNING NOISE; PROVIDING FOR
CODIFICATION; PROVIDING FOR REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Town of Ocean Ridge has an interest in the
prevention and prohibition of excessive and unnecessary noise which may injure
the health or welfare or degrade the quality of life of the citizens and
residents of the Town; WHEREAS, it is found and declared that the making, creation
or maintenance of loud and raucous noises or sounds which are unnecessary,
unnatural and unusual in their time, volume, character, duration, place and use
are a detriment to public health, comfort, safety, welfare and prosperity of the
residents of the Town; NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COMMISSION OF
THE TOWN OF Section 1.
Amendment. Chapter
1, Section 1-3, of the Town’s Code of Ordinances is hereby amended to include
the following definitions:
Audible
means
the quality or characteristic denoting that the information content of sound is
clearly and unambiguously transferred to the listener, including, but not
limited to, the understanding of spoken speech and the comprehension of musical
compositions.
Construction activities means any and all activity incidental to the erection, demolition,
assembling, altering, installing or equipping of buildings, structures, roads or
appurtenances thereof, including the loading and unloading of materials and land
clearing, grading, excavating and filling.
*
*
* Device means any equipment or mechanism which is intended to produce or
which actually produces sound when installed, used or operated.
*
*
*
Emergency Response Vehicles means vehicles of all police and fire
departments, emergency vehicles of any public service corporation, all
ambulances and rescue vehicles.
*
*
* Loud and raucous noise means any sound which is unnecessary, unnatural or which is unusual
in its time, place and use, and which, because of its volume level, duration and
character disturbs, injures or endangers the comfort, sleep, health, peace,
safety or otherwise interferes materially with the rights of a reasonable person
of ordinary sensibilities.
*
*
* Noise
Sensitive Zone means existing quiet
zones, until designated otherwise by the administrative
official. Noise sensitive activities
include, but are not limited to, operations of schools, libraries open to
public, churches, hospitals and nursing homes or other designated area provided
that conspicuous signs are displayed
indicating the presence of the zone.
*
*
*
Sound producing device means any equipment or machine for the
production or reproduction of speech, music or other sound, including, but not
limited to, radios, televisions, phonographs, tape players, compact disk
players, DVD players, musical instruments, walkie-talkie, CB radios or
synthesizers.
*
*
* Warning device means any sound emitting device used to alert or warn people.
*
*
* Water craft means any machine upon which any person or property is or may be
transported or drawn upon or over any watercourse or body of water, including
swamplands; this term shall include hovercraft and airboats. Section 2. Amendment.
Chapter
34, Article II of the Code of Ordinances is hereby amended as follows:
*
*
* Sec. 34-51.
Administrative officer. The noise
control program established by this article shall be administered by the town
manager, or the town manager’s designee, as the noise
control officer of the town. Sec.
34-52. Powers of noise control
officer. In order
to implement and enforce this article and for the general purpose of noise
abatement and control, the noise control
officer shall have, in addition to any other authority vested
by the Town Ordinances, the power to: (1) Conduct
or cause to be conducted studies, research and monitoring related to noise. (2) Provide
for public education as follows: a.
Conduct programs of public education regarding: 1.
The cause and effects of noise
and general methods of abatement and
control of noise. 2.
The actions prohibited by this article and the procedures for reporting
violations. b.
Encourage the participation of public interest groups in related public
information efforts. (3) Provide
for coordination and cooperation between agencies as follows: a.
Coordinate the noise control
activities of all municipal departments. b.
Cooperate, where practicable, with all appropriate county,
state and federal
agencies. c.
Cooperate or combine, where practicable, with appropriate county and
municipal agencies. d.
Enter into contracts, with the approval of the town
commission, for the
provision of technical and enforcement services. (4) Request
any other department or agency responsible for a proposed or final standard,
regulation or similar action to consult on the advisability of revising the
action, if there is reason to believe that the action is not consistent with
this article. (5) On
all public and private projects which are likely to cause sound
in violation of this article and which are subject to mandatory review or
approval by other departments: a.
Review such projects for compliance with the intent and provisions of
this
article. b.
Require sound analyses which identify existing and projected noise sources and
associated sound levels. c.
Require usage of adequate measures to avoid violation of any provision of
this
article. (6) Upon
presentation of proper credentials, enter or inspect any private property,
place, report or records at any time when granted permission by the owner or by some other person
with apparent authority to act for the owner.
When permission is refused or cannot be obtained, a search warrant may be
obtained from a court of competent jurisdiction upon showing of probable cause
to believe that a violation of this article may exist. Such inspection may
include administration of any necessary tests. (7) Develop
and recommend to the town commission
provisions regulating the use and
operation of any product, including the description of maximum sound
emission levels of such product, but not in such a manner as to conflict with
federal or state new product regulations. (8) Prepare
recommendations, to be approved by the
town commission, for the designation
of noise sensitive zones which contain
noise sensitive activities. (9) Prior
to the approval of any zoning change or special
exception: a.
Review the noise impact of the
zoning change or special exception by
identifying existing and projected noise
sources and the associated sound
levels. b.
Require usage of adequate
measures on noise sources identified
in subsection (9)(a) of this section which will be in violation of any provision
of this article. * * * Sec. 34-56.
Enforcement procedure. (a)
Generally. In all cases other than as provided in subsection (b) of this
section the procedure for enforcing the provisions of this article shall be as
follows: (1) The
noise control officer, or designated
persons in the department of public safety,
shall investigate and determine if the level is loud
or raucos or is in excess of that stated in section 34-95 or other section
of this article where applicable. (2) If
the noise level is found to be in
violation of this article, the noise
control officer or designated person
in the department of public safety
shall give a written warning to the person
responsible for the unnecessary, excessive or offensive noise. (3) If
the loud
or raucous noise is not abated within a reasonable time after warning, a
notice of violation by the department of
public safety shall be issued, or the person
in possession or control of the cause of the
loud or raucous noise
may be arrested by the town and charged with violating this article. For
purposes of this section, a reasonable time means such length of time as may
fairly, properly and reasonably be allowed or required having regard to the
nature of the offending, loud
or raucous noise and the attending
circumstances. (b)
Motor vehicle noise
standards. The procedure for enforcing operating motor
vehicle noise standards shall be
as established in F.S. ch. 316 and
applicable rules and regulations of the state department of pollution control,
with the cooperation of the state department of highway safety and motor
vehicles. DIVISION 3.
NOISE CONTROL STANDARDS
Sec. 34-76. Noise
disturbances generally.
It shall be unlawful for any person or persons to make, continue or
cause to be made or continued any loud and
raucous noise. The term “loud
and raucous noise” includes, but not in way of limitation, the kinds of
noise generated by the activities enumerated in this Article, except as provided
in section 34-33. The term shall be
limited to loud and raucous noise
audible upon the public streets, in any public park, in any school or public
building or upon the grounds thereof while in use, upon any parking lot open to
members of the public as invitees or licensees, or in any occupied residential
unit which is not the source of the noise or upon the grounds thereof, or in any
event at a location of not less than fifty (50) feet from the noise source.
*
*
* Sec. 34-78. Radios,
phonographs and other entertainment devices.
(a) It
shall be unlawful for any person to
play, use, operate or permit to be played, used or operated any radio, musical
instrument, phonograph or other machine or device for the producing or
reproducing of sound if such sound is for the purpose of entertainment or is used for that
purpose in such a manner as to cause loud
and raucous noise by any person present and in control of such device or by
any person present and in control of the premises wherein such device is located
particularly during the hours between 10:00 p.m. and 7:00 a.m. the following day
as to annoy or disturb the quiet, comfort or repose of persons in any dwelling,
hotel or residence. (b)
Violation will occur as follows: (1) If
the noise source is located within an
automobile, in or upon a public street,
highway, building, sidewalk, park, thoroughfare or other public area, or in or
upon a public access area such as a
shopping mall, parking lot, etc., or
on any private property, and the sound
can be heard more than 50 feet from its source; or (2) If
the noise source is in a building or
other structure and the sound can be heard more than 100 feet away from the building or structure
or at the boundaries of the property surrounding such building or structure,
whichever is greater. (c)
It shall be prima facie evidence of a violation of this section if the sound
can be heard outside the limits described in subsection (b) of this section or
creates loud and raucous noise within noise
sensitive zones, or if the sound violates any vibration or decibel levels
set forth in this article, except for activities open to the public and for
which a permit has been issued by the town according to the criteria set forth
in this article. (d)
Where the noise source is located in a building or other structure, the owner, occupant,
resident, manager or other person
in charge of the premises shall, if
present, be presumed to have permitted the noise,
in the absence of evidence to the contrary. (e)
This section shall not apply to noncommercial spoken language. Sec. 34-79.
Loudspeakers.
It is unlawful for any person
to use or operate for any purpose any loudspeaker, loudspeaker system or similar
device between the hours of 10:00 p.m. and 7:00 a.m. the following day, such
that the sound therefrom creates a loud
and raucous noise across a residential real
property line or at any time violates the provisions of section 34-95 or
34-92, except for any noncommercial public speaking, public assembly or other
activity for which a variance has been
issued pursuant to this article. Sec. 34-80. Street
sales.
It is unlawful for any person
to offer for sale or sell any thing or advertise by shouting or outcry or
otherwise causing loud and raucous noise
within any residential or commercial area or noise sensitive zone of the town, except by variance issued pursuant to this article. Sec. 34-81. Animals.
It is unlawful for any person
to own, possess or harbor any animal or bird which frequently, or for continued
duration, howls, barks, meows, squawks or makes other sounds which create a noise disturbance in violation of the
provisions of section 34-95 or which create a loud and raucous noise across a real
property line or within a noise
sensitive zone. Sec. 34-82. Loading
and unloading.
It is unlawful for any person
to load, unload, open, close or otherwise handle bales, boxes, crates,
containers, building materials, garbage
cans or similar objects between the hours of 6:00 p.m. and 8:00 a.m. the
following day in such a manner as to cause a loud and raucous noise across a real
property line or at any time to violate the provisions of section 34-95 or
34-92. Sec. 34-83. Construction
during certain hours, Sundays, and federal holidays; penalties.
It is unlawful for any person
to operate or cause the operation of any tools or equipment used in construction,
drilling, repair, alteration or
demolition work between the hours of 6:00 p.m. and 8:00 a.m. the following day
on weekdays, or at any time on Sundays or certain federal holidays (New
Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and
Christmas Day), such that the sound
therefrom creates a loud and raucous noise
across a real property line or at any
time violates the provisions of section 34-95 or 34-92, except
in case of urgent necessity in the interest of public health and safety
and then only with a permit from the noise control officer or his designee,
which permit may be granted for a period not to exceed three (e) working days or
less while the emergency or urgent necessity continues and which permit may be
renewed for successive periods of three (e) days or less while the emergency or
urgent necessity continues or by variance issued pursuant to this article. This
section shall not apply to the use of domestic power tools as specified in
section 34-90. In addition to the general penalty provisions of this Code
of Ordinance violators of this section shall be subject to the following civil
fines. Once a notice of violation
has been given to a violator, a new
and separate offense shall occur, each and every time the equipment is operated
following the issuance of the notice of violation
It is unlawful for any person
to repair, rebuild, modify or test any motor
vehicle, motorboat or aircraft in
such a manner as to create a loud and
raucous noise across a real property
line or at any time to violate the provisions of section 34-95 or 34-92.
Nothing in this section shall be construed to prohibit, restrict, penalize,
enjoin or in any manner regulate the movement of aircraft which is in all
respects conducted in accordance with or pursuant to applicable federal laws or
regulations. Sec. 34-85. Explosives,
firearms and similar devices.
It is unlawful for any person
to use or fire explosives, firearms or similar devices such that the sound
therefrom creates a loud and raucous noise
across a real property line, or
within a noise sensitive zone, public
space or public right-of-way, without first obtaining a variance pursuant to this article. Nothing in this section shall be
construed to prohibit, restrict or regulate in any manner the use or firing of
explosives, firearms or similar devices when the action is performed by, at the
direction of or under the supervision of the town manager or the director
of public safety of the town. Sec. 34-86. Powered
model vehicles.
It is
unlawful for any person to operate or
permit the operation of powered model vehicles: (1) Between
the hours of 6:00 p.m. and 8:00 a.m. the following day so as to create a
loud and raucous noise across a
residential or commercial real property line or at any time to violate the provisions of
section 34-95 or 34-92. (2)
In such a manner as to exceed the levels set forth for public space land use in
section 34-95 measured at a distance not less than 100 feet (30 meters) from any
point on the path of a vehicle
operating on public space or a public
right of way.
*
*
* Sec. 34-89.
Motorboats. It is unlawful for any person
to operate or permit the operation of
any motorboat in any lake, river,
stream or other waterway in such manner as to cause a loud and raucous noise across a residential or commercial real
property line or at any time to violate the provisions of section 34-95 or
34-92. Sec. 34-90. Domestic
power tools.
(a)
It is unlawful for any person
to: (1) Operate
or permit the operation of any mechanically powered saw, sander, drill, grinder
or other similar domestic power tool on Sundays and between 6:00 p.m. and 8:00
a.m. the following day on weekdays
(Monday through Saturday) so as to create loud
and raucous noise across a real
property line or to violate the
provisions of section 34-95 or section 34-92. (2) Operate
any mechanically powered lawn or garden tool between (3) Operate
any mechanically powered lawn or garden tool on Sundays prior to (b)
Any motor, machinery, pumps, etc., shall be properly muffled and
maintained in good working order so as not to create between the hours of 6:00
p.m. and 8:00 a.m. the following day on weekdays
and between the hours of 11:00 a.m. and 3:00 p.m. on Sundays a loud
and raucous noise or to violate the provisions of section 34-95 or section
34-92.
*
*
* Sec. 34-92. Noise
levels for noise sensitive zones.
It is
unlawful for any person to: (1) Create
or cause the creation of any loud or
raucous noise within any noise
sensitive zone, or any sound within any noise
sensitive zone so as to exceed the residential land use levels set forth in
section 34-95 when measured at a distance of at least 25 feet (7.5 meters) from
the sound source; or (2) Create
or cause the creation of any sound within or adjacent to any noise sensitive zone containing a hospital, nursing home, school,
court or other designated area so as to interfere with the functions of such
activity or annoy the patients in the activity; provided that conspicuous signs
are displayed indicating the presence of the zone. Sec. 34-93. Noise
levels for multifamily dwellings.
(1) It is unlawful for
any person to operate or permit the
operation within a multifamily dwelling
of any source of sound in such a
manner as to create loud and raucous noise
or to exceed 50 dBA from (2) The
maximum permissible sound level as a result of operating any sound source within
a multifamily dwelling, when measured in an adjacent intrabuilding dwelling
between
*
*
* Sec. 34-95.
Maximum sound levels by receiving land use. (a)
For the purpose of determining and classifying any noise as loud and
raucous, the test measurements, requirements and provisions in this
Article may be applied, provided, however, a violation of this Section may occur
as provided for herein without the occasion of
the measurements being made.
(b) No person shall make, continue, or cause to be made or continued
any loud and raucous noise
which term shall mean any sound which, because of its volume, level, duration
and character, annoys, disturbs, injures or endangers the comfort, sleep,
health, peace or safety of reasonable persons of ordinary sensibilities within
the limits of the Town. (c)
General sound level limits. No person
shall operate or cause to be operated any source of sound,
including air conditioning equipment, other than a motor vehicle being operated on a public right-of-way, in such a manner as to create loud
and raucous noise or to create an exterior or interior sound
level, of any origin, which exceeds the limits set forth for the receiving
land use category in table 2 of this
section for more than 50 percent of any measurement period, which shall not be
less than ten minutes, when measured at or within the boundary of a property or
within the confines of a building within the receiving land use,
as a result of a source of sound
located on some other property. TABLE 2. SOUND LEVELS BY
RECEIVING LAND USE
(d)
Maximum sound level limits. For
any source of sound, the maximum sound
level shall not exceed the sound level
limits in table 2 by: (1) Ten
dBA from (2) Five
dBA from (e)
Correction for character of sound.
For any source of sound which emits a pure
tone, or is of an impulsive nature, the sound
level limits set forth in subsection (a) of this section shall be reduced by
five dBA. (f)
Exemptions. (1) The
provisions of this section shall not apply to activities covered by the
following
sections: a.
Section 34-88, pertaining to emergency
signaling devices. b.
Section 34-90, pertaining to domestic power tools. c.
Section 34-91, pertaining to air conditioning and air handling equipment. d.
Section 34-96(a), pertaining to motor
vehicles operating on public
rights-of-way. e.
Section 34-96(b), pertaining to refuse collection vehicles. (2) The
provisions of this section shall not apply to the following activities: a.
The unamplified human voice. b.
Routine maintenance of public service utilities. Sec. 34-96. Motor
vehicle noises. (formerly Sec. 34-96.)
(a)
Vehicles operating on public
right-of-way. Motor vehicles on a public right-of-way are regulated as set forth in the state Motor
vehicle Noise Prevention and Control Act of 1974, F.S. §§ 316.293 and 403.415. (b)
Refuse collection vehicles. No person shall
collect refuse with a refuse collection vehicle
between the hours of (c)
Recreational vehicles operating off public
right-of-way. No person shall
operate or cause to be operated any recreational motorized vehicle off a public
right-of-way in such a manner as to create loud and raucous noise or that the sound levels emitted therefrom
violate the provisions of section 34-95 or section 34-92. This subsection shall
apply to all recreational motorized vehicles,
whether or not duly licensed and registered, including but not limited to
commercial or noncommercial racing vehicles,
motorcycles, go-carts, amphibious craft, campers and dune buggies, but not including motorboats. Section 3. Codification.
This
ordinance shall be codified in the Code of Ordinances of the Town of Ocean
Ridge, Florida. Section 4. Severability.
If any word, clause, sentence, paragraph, section or part thereof contained in
this Ordinance is declared to be unconstitutional, unenforceable, void or
inoperative by a court of competent jurisdiction, such declaration shall not
affect the validity of the remainder of the Ordinance. Section 5.
Repeal. All
Ordinances or parts of Ordinances in conflict herewith shall be and the same are
hereby repealed. Section 6. Effective Date. This Ordinance shall become
effective immediately upon adoption.
FIRST READING this 7TH day of February, 2005.
SECOND AND FINAL READING this 7th day of March, 2005. Commissioner Bingham offered the foregoing Ordinance and moved its adoption. The motion was seconded by Commissioner Pugh and upon being put to a vote, the vote was as follows:
KENNETH M. KALEEL, Mayor
YEA
GEOFFREY A. PUGH, Vice Mayor
YEA
LYNN ALLISON, Commissioner
YEA ELISABETH P. B. BINGHAM,
Commissioner YEA NANCY L. HOGAN, Commissioner YEA The Mayor thereupon declared this
Ordinance approved and adopted by the Town Commission of the Town of Ocean
Ridge, Florida, on second reading, this 7th day of March, 2005. |
