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ORDINANCE NO. 2008- 4131
AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING
ORDINANCE NO. 3350 AS PREVIOUSLY AMENDED; REPEALING
AND REENACTING CHAPTER III: NOISE; PROVIDING FOR REPEAL
OF SECTION 38-61: MAXIMUM NOISE lEVELS ESTABLISHED;
PROVIDING FOR THE REENACTMENT OF SECTION 38-61:
DEFINITIONS; PROVIDING FOR REPEAL OF SECTION 38-62:
EXCEEDING MAXIMUM NOISE lEVELS; PROVIDING FOR
REENACTMENT OF SECTION 38-62: TITLE; PROVIDING FOR
REPEAL OF SECTION 38-63: UNNECESSARY OR DISTURBING
NOISE PROHIBITED AND SPECIFIC PROHIBITIONS; PROVIDING
FOR REENACTMENT OF SECTION 38-63: STATEMENT OF PUBLIC
POLICY; PROVIDING FOR REPEAL OF SECTION 38-64:
EXEMPTIONS; PROVIDING FOR REENACTMENT OF SECTION 38-64:
PURPOSE; PROVIDING FOR REPEAL OF SECTION 38-65: USE OF
MECHANICAL lOUDSPEAKERS OR AMPLIFIERS; PROVIDING FOR
REENACTMENT SECTION 38-65: SCOPE; PROVIDING FOR REPEAL
OF SECTION 38-66: METHOD OF NOISE MEASUREMENT;
PROVIDING FOR REENACTMENT OF SECTION 38-66: EXCEPTIONS
TO ARTICLE; PROVIDING FOR THE INCLUSION OF SECTION 38-67:
NOISE DISTURBANCE PROHIBITED; PROVIDING FOR THE
INCLUSION OF SECTION 38-68: MAXIMUM NOISE lEVELS
ESTABLISHED; PROVIDING FOR THE INCLUSION OF SECTION 38-
69: EMERGENCY SIGNALING DEVICES; PROVIDING FOR THE
INCLUSION OF SECTION 38-70: SPECIFIC ACTIVITIES PROHIBITED;
PROVIDING FOR THE INCLUSION OF SECTION 38-71: MUSICAL
INSTRUMENTS AND SIMILAR DEVIDES; PROVIDING FOR THE
INCLUSION OF SECTION 38-72: SOUND EQUIPMENT AND SOUND
AMPLIFYING EQUIPMENT; PROVIDING FOR THE INCLUSION OF
SECTION 38-73: MOTORIZED VEHICLES; PROVIDING FOR THE
INCLUSION OF SECTION 38-74: CONSTRUCTION; PROVIDING FOR
THE INCLUSION OF SECTION 38-75: STATIONARY
NON EMERGENCY SIGNALING DEVICES; PROVIDING FOR THE
INCLUSION OF SECTION 38-76: ANIMALS AND BIRDS; PROVIDING
FOR THE INCLUSION OF SECTION 38-77: ENFORCEMENT;
PROVIDING FOR THE INCLUSION OF SECTION 38-78:
DEPARTMENTAL ACTIONS; PROVIDING FOR THE INCLUSION OF
SECTION 38-79: APPLICATION FOR SOUND VARIANCES;
PROVIDING FOR THE INCLUSION OF SECTION 38-80: SCHEDULING
OF HEARING ON SOUND VARIANCES; PROVIDING FOR THE
INCLUSION OF SECTION 38-81: CONDUCT OF HEARING ON SOUND
VARIANCES; PROVIDING FOR THE INCLUSION OF SECTION 38-82:
RIGHT OF APPEAL OF HEARING OFFICER'S DECISION; PROVIDING
FOR THE INCLUSION OF SECTION 38-83: APPEAL PROCESS;
PROVIDING FOR THE INCLUSION OF SECTION 38-84: PENALTY;
PROVIDING FOR THE INCLUSION OF SECTION 38-85: CREATION OF
CERTAIN NOISES UPON PUBLIC RIGHT-OF-WAY PROHIBITED;
PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS;
PROVIDING FOR CODIFICATION; PROVIDING FOR AN EFFECTIVE
DATE.
BE IT ENACTED BY THE PEOPLE OF THE CITY OF SANFORD, FLORIDA:
SECTION 1. Repeal of Section 38-61: Maximum Noise levels Established.
Section 38-61 of Chapter III of the Code of Ordinances of the City of Sanford, Florida is
hereby repealed.
SECTION 2. Reenacbnent of Section 38-61: Definitions. The new Section
38-61 of Chapter III of the Code of Ordinances of the City of Sanford, Florida is hereby
enacted and the said Section 38-61 of this Ordinance is hereby incorporated into the
text of this Ordinance as if fully set forth herein verbatim.
SECTION 3. Repeal of Section 38-62: Exceeding Maximum Noise levels.
Section 38-62 of Chapter III of the Code of Ordinances of the City of Sanford, Florida is
hereby repealed.
SECTION 4. Reenacbnent of Section 38-62: Title. The new Section 38-62 of
Chapter III of the Code of Ordinances of the City of Sanford, Florida is hereby enacted
and the said Section 38-62 of this Ordinance is hereby incorporated into the text of this
Ordinance as if fully set forth herein verbatim.
SECTION 5. Repeal of Section 38-63: Unnecessary Or Disturbing Noise
Prohibited: Specific Prohibitions. Section 38-63 of Chapter III of the Code of
Ordinances of the City of Sanford, Florida is hereby repealed.
SECTION 6. Reenacbnent of Section 38-63: Statement of Public Policy.
The new Section 38-63 of Chapter III of the Code of Ordinances of the City of Sanford,
Florida is hereby enacted and the said Section 38-63 of this Ordinance is hereby
incorporated into the text of this Ordinance as if fully set forth herein verbatim.
SECTION 7. Repeal of Section 38-64: Exemptions. Section 38-64 of Chapter
III of the Code of Ordinances of the City of Sanford, Florida is hereby repealed.
SECTION 8. Reenacbnent of Section 38-64: Purpose. The new Section 38-
64 of Chapter III of the Code of Ordinances of the City of Sanford, Florida is hereby
enacted and the said Section 38-64 of this Ordinance is hereby incorporated into the
text of this Ordinance as if fully set forth herein verbatim.
Ordinance No. 2008-
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SECTION 9. Repeal of Section 38-65: Use of Mechanical loudspeakers or
Amplifiers. Section 38-65 of Chapter III of the Code of Ordinances of the City of
Sanford, Florida is hereby repealed.
SECTION 10. Reenacbnent of Section 38-65: Scope. The new Section 38-65
of Chapter III of the Code of Ordinances of the City of Sanford, Florida is hereby
enacted and the said Section 38-65 of this Ordinance is hereby incorporated into the
text of this Ordinance as if fully set forth herein verbatim.
SECTION 11. Repeal of Section 38-66: Method of Noise Measurement
Section 38-66 of Chapter III of the Code of Ordinances of the City of Sanford, Florida is
hereby repealed.
SECTION 12. Reenacbnent of Section 38-66: Exceptions to Article. The
new Section 38-66 of Chapter III of the Code of Ordinances of the City of Sanford,
Florida is hereby enacted and the said Section 38-66 of this Ordinance is hereby
incorporated into the text of this Ordinance as if fully set forth herein verbatim.
SECTION 13. Enacbnent of Section 38-67: Noise Disturbance Prohibited.
Section 38-67 of Chapter III of the Code of Ordinances of the City of Sanford, Florida is
hereby enacted as the said Section 38-67 of this Ordinance and is hereby incorporated
into the text of this Ordinance as if fully set forth herein verbatim.
SECTION 14. Enacbnent of Section 38-68: Maximum Noise levels
Established. Section 38-68 of Chapter III of the Code of Ordinances of the City of
Sanford, Florida as hereby enacted of the said Section 38-68 of this Ordinance and is
hereby incorporated into the text of this Ordinance as if fully set forth herein verbatim.
SECTION 15. Enacbnent of Section 38-69: Emergency Signaling Devices.
Section 38-69 of Chapter III of the Code of Ordinances of the City of Sanford, Florida is
hereby enacted as the said Section 38-69 of this Ordinance and is hereby incorporated
into the text of this Ordinance as if fully set forth herein verbatim.
SECTION 16. Enacbnent of Section 38-70: Specific Activities Prohibited.
Section 38-70 of Chapter III of the Code of Ordinances of the City of Sanford, Florida is
hereby enacted as the said Section 38-70 of this Ordinance and is hereby incorporated
into the text of this Ordinance as if fully set forth herein verbatim.
SECTION 17. Enacbnent of Section 38-71: Musical Instruments and Similar
Devices. Section 38-71 of Chapter III of the Code of Ordinances of the City of Sanford,
Florida is hereby enacted as the said Section 38-71 of this Ordinance and is hereby
incorporated into the text of this Ordinance as if fully set forth herein verbatim.
SECTION 18. Enacbnent of Section 38-72: Sound Equipment and Sound
Amplifyino Equipment Section 38-72 of Chapter III of the Code of Ordinances of the
City of Sanford, Florida is hereby enacted as the said Section 38-72 of this Ordinance
Ordinance No. 2008-
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and is hereby incorporated into the text of this Ordinance as if fully set forth herein
verbatim.
SECTION 19. Enacbnent of Section 38-73: Motorized Vehicles. Section 38-
73 of Chapter III of the Code of Ordinances of the City of Sanford, Florida is hereby
enacted as the said Section 38-73 of this Ordinance and is hereby incorporated into the
text of this Ordinance as if fully set forth herein verbatim.
SECTION 20. Enacbnent of Section 38-74: Construction. Section 38-74 of
Chapter III of the Code of Ordinances of the City of Sanford, Florida is hereby enacted
as the said Section 38-74 of this Ordinance and is hereby incorporated into the text of
this Ordinance as if fully set forth herein verbatim.
SECTION 21. Enacbnent of Section 38-75: Stationary Nonemergency
Signaling Devices. Section 38-75 of Chapter III of the Code of Ordinances of the City
of Sanford, Florida is hereby enacted as the said Section 38-75 of this Ordinance and is
hereby incorporated into the text of this Ordinance as if fully set forth herein verbatim.
SECTION 22. Enactment of Section 38-76: Animals and Birds. Section 38-76
of Chapter III of the Code of Ordinances of the City of Sanford, Florida is hereby
enacted as the said Section 38-76 of this Ordinance and is hereby incorporated into the
text of this Ordinance as if fully set forth herein verbatim.
SECTION 23. Enacbnent of Section 38-77: Enforcement Section 38-77 of
Chapter III of the Code of Ordinances of the City of Sanford, Florida is hereby enacted
as the said Section 38-77 of this Ordinance and is hereby incorporated into the text of
this Ordinance as if fully set forth herein verbatim.
SECTION 24. Enacbnent of Section 38-78: Deparbnental Actions. Section
38-78 of Chapter III of the Code of Ordinances of the City of Sanford, Florida is hereby
enacted as the said Section 38-78 of this Ordinance and is hereby incorporated into the
text of this Ordinance as if fully set forth herein verbatim.
SECTION 25. Enacbnent of Section 38-79: Application for Sound Variances.
Section 38-79 of Chapter III of the Code of Ordinances of the City of Sanford, Florida is
hereby enacted as the said Section 38-79 of this Ordinance and is hereby incorporated
into the text of this Ordinance as if fully set forth herein verbatim.
SECTION 26. Enacbnent of Section 38-80: Scheduling of Hearing on Sound
Variances. Section 38-80 of Chapter III of the Code of Ordinances of the City of
Sanford, Florida is hereby enacted as the said Section 38-80 of this Ordinance and is
hereby incorporated into the text of this Ordinance as if fully set forth herein verbatim.
SECTION 27. Enacbnent of Section 38-81: Conduct of HearinG on Sound
Variances. Section 38-81 of Chapter III of the Code of Ordinances of the City of
Ordinance No. 2008-
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Sanford, Florida is hereby enacted as the said Section 38-81 of this Ordinance and is
hereby incorporated into the text of this Ordinance as if fully set forth herein verbatim.
SECTION 28. Enacbnent of Section 38-82: Right of Appeal of Hearing
Officer's Decision. Section 38-82 of Chapter III of the Code of Ordinances of the City
of Sanford, Florida is hereby enacted as the said Section 38-82 of this Ordinance and is
hereby incorporated into the text of this Ordinance as if fully set forth herein verbatim.
SECTION 29. Enacbnent of Section 38-83: Appeal Process. Section 38-83 of
Chapter III of the Code of Ordinances of the City of Sanford, Florida is hereby enacted
as the said Section 38-83 of this Ordinance and is hereby incorporated into the text of
this Ordinance as if fully set forth herein verbatim.
SECTION 30. Enacbnent of Section 38-84: Penalty. Section 38-84 of Chapter
III of the Code of Ordinances of the City of Sanford, Florida is hereby enacted as the
said Section 38-84 of this Ordinance and is hereby incorporated into the text of this
Ordinance as if fully set forth herein verbatim.
SECTION 31. Enacbnent of Section 38-85: Creation of Certain Noises Upon
Public Right-of-Way Prohibited. Section 38-85 of Chapter III of the Code of
Ordinances of the City of Sanford, Florida is hereby enacted as the said Section 38-85
of this Ordinance and is hereby incorporated into the text of this Ordinance as if fully set
forth herein verbatim.
SECTION 32. Severability. If any section or portion of a section of this
Ordinance proves to be invalid, unlawful, or unconstitutional, it shall not be held to
impair the validity, force, or effect or any other section or part of this Ordinance.
SECTION 33. Conflicts. That all ordinances or parts of ordinances in conflict
herewith be and the same are hereby revoked.
SECTION 34. Codification. It is the intention of the City Commission of the City
of Sanford, Florida, and it is hereby ordained that the provisions of this Ordinance and
all incorporations therein shall become and be made a part of the Code of Ordinances
of the City of Sanford, Florida, and that the sections of this Ordinance containing
references to Chapters of the Code of Ordinances of the City Sanford may be
renumbered or re-Iettered to accomplish such intention; that the word "Ordinance" may
be changed to "Section," "Article," "Chapter," or other appropriate word; provided,
however, that Sections 32, 33, 34 and 35 shall not be codified.
SECTION 35. Effective Date. Except as otherwise provided herein, this
Ordinance shall become effective immediately upon its passage and adoption.
PASSED and ADOPTED this 25th day of August, 2008.
Ordinance No. 2008-
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ATTEST:
CITY COMMISSION OF THE CITY OF
SANFORD, FLORIDA
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}
CERTIFICATE
I, Janet R. Dougherty, City Clerk of the City of Sanford, Florida, do hereby certify
that a true and correct copy of the foregoing Ordinance No. 2008-4131, PASSED AND
ADOPTED by the City Commission of the City of Sanford, Florida on the 25th day of
August, 2008, was posted at the front door of the City Hall in the City of Sanford, Florida
on the 2yth day of August, 2008.
Ordinance No. 2008-4131
Page 6 of6
ARTICLE III. NOISE
Section 38-61. Definitions.
Definitions of technical terms used in this article which are not defined in this
section shall be obtained from publications of acoustical terminology issued by the
American National Standards Institute (ANSI) or its successor body. The following
words, terms, and phrases, when used in this article, shall have the meanings ascribed
to them in this section, except where the context clearly indicates a different meaning:
Ambient sound level means the noise associated with a given environment,
exclusive of a particular noise being tested, being usually a composite of sounds from
many sources near and far, exclusive of intruding noises from isolated identifiable
sources.
A-weighted sound level means the sound pressure level in decibels as measured
on a sound level meter using the A-weighting network. The level is designated dB(a) or
dBA.
Construction means any site preparation, assembly, erection, substantial repair,
alteration, or similar action for or of public or private rights-of-way, structures, utilities, or
similar property.
City/enforcement officer shall include all City Code Enforcement, Police, and
Community Service Officers of the City.
Decibel (dB) means a logarithmic and dimensionless unit of measure often used
in describing the amplitude of sound, equal to 20 times the logarithm to the base 10 of
the ratio of the pressure of the sound measured to the reference pressure, which is 20
miscropascals (20 micronewtons per square meter).
Demolition means any dismantling, intentional destruction or removal of
structures, utilities, public or private right-of-way surfaces, or similar property.
Emergency means any occurrence or set of circumstances involving actual or
imminent physical or psychological trauma or property damage which demands
immediate action.
Entertainment district is defined as the district within the Special Commercial
zoning district (SC-3) bordered by the north side of 2nd Street, east side of Oak Avenue,
south side of Commercial Avenue, and west side of Sanford Avenue extending to
properties fronting Sanford Avenue from 1 st Street to 6th Street excluding % of the
easterly tax parcel number 30-19-31-515-0500-0040 between 3rd Street and 4th Street.
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Equivalent A-weighted sound level (L eq.) means the constant sound level that,
in a given situation and time period, conveys the same sound energy as the actual time-
varying A-weighted sound. For the purpose of this article, a time period of one hour
shall be used, unless the likely duration or intensity of the sound being measured makes
a shorter time period reasonable.
Impulsive sound means sound of short duration, usually less than one second,
with an abrupt onset and rapid decay. Examples of sources of impulsive sound include
explosions, drop force impacts, and the discharge of firearms.
Motorboat means any vessel which operates on water and which is propelled by
a motor, including, but not limited to boats, barges, amphibious craft, water ski towing
devices, and hovercraft.
Motorcycle means any motor vehicle having a saddle or seat for the use of the
rider and designed to travel on not more than three wheels in contact with the ground.
The term includes motorized bicycles and motor scooters.
Motor vehicle means any motor -operated vehicle licensed for use on the public
highways, but not including a motorcycle.
Noise means any sound which disturbs humans or which causes or lends to
cause an adverse psychological or physiological effect on humans.
Noise disturbance means
(1) Any sound which unreasonably endangers or injures the health or safety
or welfare of a human being; or
(2) Any sound which unreasonably disturbs a person of normal sensitivities;
or
(3) Any sound which unreasonably devalues or injures personal or real
property; or
(4) The factors which may be considered in determining whether a noise
disturbance exists may include, but are not limited to:
(a) The level of the noise;
(b) The level and intensity of any background noise;
(c) Whether the nature of the noise is usual or unusual;
(d) Whether the origin of the noise is usual or unnatural;
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(e) The proximity of the source of the noise to sleeping facilities;
(f) The land use, nature, and zoning of the area from which the noise
emanates and of the area where the noise is received;
(g) The time of day or night when the noise occurs;
(h) The duration of the noise;
(i) Whether the noise is recurrent, intermittent, or constant.
Noise sensitive activities means activities which should be conducted under
conditions of exceptional quiet, including but not limited to operation of schools, libraries
open to the public, churches, hospitals, and nursing homes.
Noise sensitive area means any area designated pursuant to Section 38.77 of
this article for the purpose of ensuring exceptional quiet and clearly posted with noise
sensitive area signs, because of the noise sensitive activities conducted herein.
Person shall mean and include any officer, employee, department, agency or
instrumentally of the state or any political subdivision of the state.
Powered model vehicle means any self-propelled airborne, waterbome, or
landborne model plan, vessel, or vehicle, which is not designed to carry persons,
including but not limited to any model airplane, boat, car or rocket.
Public right-of-way means any street, avenue, boulevard, highway, sidewalk, or
alley or similar place which is owned or controlled by a governmental entity.
Public space means any real property, including any structure thereon, which is
owned or controlled by a governmental entity.
Pure tone means any sound which can be distinctly heard as a single pitch or as
set of single pitches.
Real property boundary means an imaginary line along the ground surface, and
its vertical extension, which separates the real property owned by one person from that
owned by another person, but not including intrabuilding real property divisions.
Receiving land use means the use or occupancy of the property which receives
the transmission of sound as defined in this section.
Recreational vehicle means any race car, motorcycle, or any other motorized
vehicle equipped for use in racing or other recreational events or uses off of public
rights-of-way on public or private property. For purposes of this article, a motor vehicle
or motorized vehicle which is taking part in an organized racing, endurance, or other
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coordinated sporting event shall be deemed a recreational vehicle and shall be
governed by the terms of Section 38.73(4) of this article.
RMS sound pressure means the square root of the time averaged square of the
sound pressure, denoted P rms.
Sound means an osciliation in pressure, particle displacement, particle velocity or
other physical parameter, in a medium with internal forces that cause compression and
rarefaction of that medium. The description of sound may include any characteristic of
such sound, including duration, intensity and frequency.
Sound equipment means any radio, record player, stereo, television, tape deck
or player, loudspeaker, amplifier, sound truck or other device for producing,
reproducing, or amplifying sounds.
Sound level means the weighted sound pressure level obtained by the use of a
sound level meter and frequency weighting network, such as A, B, or C as specified in
American National Standards Institute specifICations for sound level meters (ANSI S1.4-
1971 or the latest approved revision thereof). If the frequency weighting employed is
not indicated, the A-weighting shall apply.
Sound level meter means an instrument which includes a microphone, amplifier,
RMS detector, integrator or time averager, output or display meter, and weighting
networks used to measure sound pressure levels, which complies with American
National Standards Institute 1.4-1971 as amended from time to time.
Sound pressure means the instantaneous difference between the actual
pressure and the average or barometric pressure at a given point in space, as produced
by sound energy.
Sound pressure level means 20 times the logarithm to the base 10 of the ratio of
the RMS sound pressure to the reference pressure of 20 micronewtons per square
meter (20 x 10 -6 N/m 2). The sound pressure level is denoted L p or SPL and is
expressed in decibels.
Section 38-62. Title.
This article may be cited as the "Noise Control Ordinance of the City of Sanford."
Section 38-63. Statement of public policy.
The City Commission finds and declares that
(1) Excessive noise is a serious hazard to the public health and welfare and
the quality of life in a close urban society.
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(2) A substantial body of science and technology exists by which excessive
noise can be substantially abated without serious inconvenience to the
public.
(3) Certain of the noise-producing equipment in this community is essential to
the quality of life in the community and should be allowed to continue at
reasonable levels with moderate regulation.
(4) Each person has a right to an environment reasonably free from noise
which jeopardizes health, welfare, or unnecessarily degrades the quality of
life.
(5) It is the policy of this City to promote an environment free from excessive
noise, otherwise properly called noise pollution, which unnecessarily
jeopardizes the health and welfare and degrades the quality of the lives of
the residents of this community, without unduly prohibiting, limiting or
otherwise regulating the function of certain noise-producing equipment
which is not amenable to such controls and yet is essential to the
economy and quality of life of the community.
Section 38-64. Purpose.
The purpose of this article is to establish standards for the control of noise
pollution in the City by setting maximum permissible sound levels for various activities to
protect the public health, safety, and general welfare.
Section 38-65. Scope.
This article shall apply to the control of all noise originating within the City limits
or originating from properties lying outside the City limits owned or controlled by the
City, except where either:
(1) A state or federal agency has adopted a different standard or rule than
that prescribed within this article and has so preempted the regulation of
noise from a particular source as to render this article inapplicable thereto;
or
(2) The City Commission has determined that, because of public acceptance
of the activity producing a particular noise, such noise is deemed
acceptable to the City residents.
Section 38-66. Exceptions to article.
This article shall not apply to the following:
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(1) The emission of sound for the purpose of alerting persons to the existence
of an emergency.
(2) The emission of sound in the performance of emergency work.
(3) Noncommercial public speaking and public assembly activities conducted
on any private property, public space, or public right-of-way, except those
activities controlled by Section 38.72 of this article.
(4) The unamplified human voice, except those activities controlled by Section
38-70(1) of this article.
(5) Agricultural activities, exclusive of those involving the ownership of/or
possession of animals or birds.
(6) Rail and air transportation and public mass transportation vehicles.
(7) Special events approved by the City.
(8) The emission of sound in the performance of military operations, exclusive
of travel by individuals to or from military duty.
(9) The emission of sound in the legal discharge of weapons or in fireworks
displays licensed by the City.
(10) Parades or procedures for which a parade permit has been issued by the
City.
(11) Landscape maintenance equipment with stock sound arrestor from 8 a.m.
through 8 p.m. Monday through Friday, and 9 a.m. through 8 p.m. on
Saturdays and Sundays.
Section 38-67. Noise disturbance prohibited.
(1) No person shall make or continue or cause to be made or continue any
noise disturbance as defined in this article.
(2) This Section 38-67, prohibiting noise disturbances shall be separate from
and in addition to any other section of this article, and enforcement actions
may be brought pursuant to the prohibition of noise disturbances, or to the
prohibition of specific noises at or above certain decibel levels, or to both,
except that no noise shall be deemed a noise disturbance where the
decibel level of such noise is within the limits prescribed by another
applicable section of this article and where there is compliance with all
other requirements of law with respect to such noise.
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Section 38-68. Maximum noise levels established.
(1) The requirements of Chart I shall apply to all noises including continuous
and intermittent noise, tones, impact noise, and emitted by speaker boxes,
pickup and delivery trucks and any other commercial or industrial activities
which are under the control of the occupancy of a building site.
(2) The noise levels listed in Chart I shall be those levels which may not be
exceeded for a cumulative period of more than five minutes in any 60-
minute period. Alternatively, these levels may not be exceeded for longer
than 8.3 percent of any measurement period, which measurement period
shall not be less than 30 minutes.
(3) Where the ambient noise level exceeds the allowable noise levels given in
Chart I, then the ambient level becomes the allowable exterior noise level.
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CHART I. MAXIMUM NOISE LEVELS IN A-WEIGHTED DECIBELS
This chart will be used to determine the maximum noise level, measured in A-
weighted decibels, which may be generated in the following categories as measured at
the property line of the recipient of such noise:
TABLE INSET:
Generating
Category
Residential (SR-1 ,
SR-1A, SR-1AA,
SR-2, MR-1, MR-2,
MR-3, RMOI, SC-3,
AG)
Commercial (RC-1,
GC-2)
Industrial (RI-1, MI-
2, PD)
Maximum Allowable Noise limits
Class A Standard
7:00 a.m. through
10:00 p.m.
60 dbA measured
50 feet from the
exterior building wall
of sound source, or
directly from the
sound source if
outdoors.
70 dbA measured
50 feet from the
exterior building wall
of sound source, or
directly from the
sound source if
outdoors.
75 dbA measured
50 feet from the
exterior building wall
of sound source, or
directly from the
sound source if
outdoors.
Class A Standard
10:00 p.m. through
7:00 a.m.
55 dbA measured
50 feet from the
exterior building wall
of sound source, or
directly from the
sound source if
outdoors.
65 dbA measured
50 feet from the
exterior building wall
of sound source, or
directly from the
sound source if
outdoors.
75 dbA measured
50 feet from the
exterior building wall
of sound source, or
directly from the
sound source if
outdoors.
Class B Standard
65 dbA measured
50 feet from the
exterior building wall
of sound source, or
directly from the
sound source if
outdoors.
75 dbA measured
50 feet from the
exterior building wall
of sound source, or
directly from the
sound source if
outdoors.
85 dbA measured
50 feet from the
exterior building wall
of sound source, or
directly from the
sound source if
outdoors.
9:00a.m. through 11 :00 9:00 a.m. through 12:00 a.m.
p.m. if the following days if the following days are
are Monday through Saturday and Sunday (Friday
Friday and Saturday evenings).
Entertainment 85 dbA measured 10 feet 85 dbA measured 10 feet
District from exterior building wall from exterior building wall of
of sound source, and sound source, and
75 dbA measured 50 feet 75 dbA measured 50 feet
from the exterior building from the exterior building wall
wall of sound source. of sound source.
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6:00 p.m. through 10:00 6:00 p.m. through 12:00 a.m.
p.m. Sunday through Friday and Saturday.
Thursday
Outdoor Live 100 dbA measured 50 100 dbA measured 50 feet
Entertainment feet from the sound from the sound source.
source.
All exterior doors of structures in the entertainment district shall be closed when music
is being played therein, excepting regular pedestrian traffic.
Class B standards apply to noises originating from heavy manufacturing uses.
(4) Immediate threat.
(a) The City/Enforcement Officer shall order an immediate halt to any
sound which exposes any person, except those excluded under
section 38-69 (emergency signaling devices), section 38-72
(amplified sound), section 38-73 (motorized vehicles), section 38-
74 (construction), section 38-75 (stationary nonemergency
signaling devices), section 38-79 (noise covered by sound
variance) to continuous sound levels in excess of those shown in
Chart I. If the sound has not abated within a reasonable length of
time following issuance of such an order, the City/Enforcement
Officer may treat the violation in the manner of other Code
violations.
(b) No order under subsection (4)(a) of this section shall be issued if
the only persons exposed to the sound levels in excess of those
listed in Chart 1 are exposed as a result of:
(1) Trespass;
(2) Invitation upon private property by the person causing or
permitting the sound; or
(3) Employment by the person or contractor of the person
causing or permitting the sound.
(c) Any person subject to an order issued pursuant to subjection (4)(a)
of this section shall comply with such order until:
(1) The sound is brought into compliance with the order as
determined by the city/enforcement officer; or
(2) A judicial order has superseded such order.
0""'"'0 a nf ")")
(d) If the ambient noise level measurement exceeds the maximum
permitted sound level, the maximum permitted sound level shall be
increased to equal the ambient noise level.
(e) Correction for character of sound. For any source of sound which
emits a pure tone, the maximum sound level limits set forth in Chart
1 shall be reduced by five dBA.
(f) Varying sound level. Where the sound level (dBA) varies over the
measuring period, the equivalent A-weighted (average) sound level
(Leq ) shall be determined by figuring the time and intensity levels
for time periods set out in Chart 1.
Section 38-69. Emergency signaling devices.
(1) No person shall operate or permit the intentional sounding outdoors of any
fire, burglar, or civil defense alarm, siren, whistle or similar stationary
emergency signaling device, except for emergency purposes or for
testing, as provided in subsection (2) of this section.
(2) Testing of a stationary emergency signaling device shall occur at the
same time of day each time the test is performed, but not before 9:00 a.m.
or after 4:00 p.m. Any such testing shall use only the minimum cycle test
time. In no case shall test times exceed 60 seconds.
Section 38-70. Specific activities prohibited.
(1) Sales by hawking or barking. No person shall offer for sale or sell
anything by shouting or raised voice within any residential or commercial
area in the City.
(2) Loading and unloading. No person shall so load, unload, open, close, or
handle boxes, crates, containers, building materials, garbage cans, or
similar objects between the hours of 7:00 p.m. and 7:00 a.m. the following
morning as to create a noise disturbance across a residential real property
boundary or within a noise sensitive area. This section shall not apply to
activities covered by Section 38-73 of this article.
(3) Vehicle or motorboat repairs and testing. No person shall repair, rebuild,
modify, or test any motor vehicle, motorcycle, or motorboat in such a
manner as to cause a noise disturbance across a residential real property
boundary or outdoors within a noise sensitive area.
(4) Powered model vehicles. No person shall operate or permit the operation
of powered model vehicles in a public or private space out-of-<ioors or
0""'"'0 1 n nf ")")
within a noise sensitive area between the hours of 10:00 p.m. and 7:00
a.m. the following day.
(5) No person, while occupying any public right of way in the City, shall
operate any noise-creating device for the purpose of drawing attention to
the source of the noise. The prohibitions of this section shall include:
(1) Rapid throttle advance (revving) of an internal combustion engine
resulting in increased noise from the engine.
Section 38-71. Muscial instruments and similar devices.
No person shall operate, play, or permit the operation or playing of any drum,
musical instrument or similar device which produces sound in such a manner as to
create a noise disturbance across a residential real property boundary as defined in
Section 38-68 of this article or outdoors within a noise sensitive area.
Section 38-72. Sound equipment and sound amplifying equipment
(1) Creation of noise disturbance. Except for activities open to the public and
for which a permit has been issued and not otherwise invalidated or
revoked by the City under this section, no person shall so operate, play, or
permit the operation or playing of any sound equipment as to create a
noise disturbance.
(a) Across a residential real property boundary or outdoors within a
noise sensitive area.
(b) Fifty feet from the device, when operated in or on a motor vehicle
on a public right-of-way or public space or in a boat on public
waters.
(2) Permit required. No person shall use, operate, or cause to be used or
operated any sound equipment upon the public streets or in any building
or upon any premises, public or private, if the sound therefrom is plainly
audible from any public place within the city, unless such person.
(a) First obtains a permit in accordance with this section;
(b) Complies with the conditions imposed by the permit, including the
maximum permitted sound level shown therein;
(c) Complies with the provisions of the applicable requirements of this
Code, as it regulates street closings; and
(d) Complies with all other applicable subsections of this section.
0""'"'0 11 nf ")")
(3) Delineation of sound equipment. For purposes of subsection (2) of this
section, "sound equipment" shall not include:
(a) Equipment used for public health and safety purposes.
(b) Church or clock carillons, bells, or chimes.
(c) Automobile or boat radios, tape decks, or players, or other standard
equipment used and intended for the use and enjoyment of the
vehicle occupants, provided the sound emitting therefrom is not
audible for more than 50 feet from the vehicle while being operated
on a public right-of-way or public space or in a boat on public
waters.
(d) Unamplified live music provided, sponsored, or funded, in whole or
in part, by a governmental entity.
(e) Mobile radio or telephone signaling devices.
(4) Permit fees. A separate permit shall be required for each type of activity
described in subsection (6) of this section, and permits shall be
nontransferable. The permit shall be conspicuously displayed on or
immediately adjacent to the sound equipment. A nonrefundable fee for
sound equipment permits shall be paid as follows.
(a) Permits for one day or less: $ 10.00
(b) Permits for over one day through one week: $ 20.00
(c) Permits for over one week through one year: $100.00
No fee shall be required for any sound equipment permit issued to the
City, the State, or the Federal Government or a governmental subdivision
or agency.
(5) Information required on permit application. Application for the permit
required in this section shall be made in writing to the City Enforcement
Officer, accompanied by the required permit fee and the following
information:
(a) The type of permit requested.
(b) The name and address of the applicant.
(c) The purpose for which the sound equipment will be used.
0""'"'0 1") nf ")")
(d) The location where the sound equipment will be used.
(e) The number of days of use and proposed hours of operation of the
sound equipment.
(f) A general description of the sound equipment, including the license
number of any motor vehicle upon which it is to be operated.
(g) The proposed sound pressure level output of the sound equipment,
including:
(1) Type 8 permits. The approximate decibel output measured
in dbA at a distance of 100 feet from the sound equipment.
(2) Type A, C, 0, and E permits. The address of the residence
nearest the sound equipment, the approximate decibel
output measured in dbA at the real property boundary of the
private residence nearest the sound equipment, and the
decibel output measured in dbA at a distance of 50 feet from
the sound equipment.
(h) The name(s) and phone number(s) of the person(s) responsible for
the use of the permit.
If the application contains the required information and is accompanied by the
required fee, and the proposed use of the sound equipment complies with the
standards and other requirements of this section and all other applicable laws
and ordinances, the City/Enforcement Officer shall issue the appropriate permit.
(6) Application standards. The following are general standards for the type of
permit:
(a) Type A permit - Commercial establishments. A Type A permit may
be issued for sound equipment emitting music or human speech.
(b) Type 8 permit - Sound Trucks. Sound trucks may be operated
only under a Type 8 permit. A Type 8 permit may be issued for
sound equipment mounted upon a motor vehicle and intended for
use upon city streets, provided that the sound equipment emits only
music or human speech registering not more than 80 dbA when
measured at a distance of 100 feet from the sound equipment.
Sound equipment permitted under a Type 8 permit may be used
only in nonresidential areas from 9:00 a.m. to 9:00 p.m.
0""'"'0 1'::t nf ")")
(c) Type C permit - Parks. A Type C permit may be used for sound
equipment emitting music or human speech registering not more
than 60 dbA when measured at the real property boundary of the
private residence alleging a noise disturbance when known or at
the real property boundary of the private residence nearest the
sound equipment, and registering not more than 100 dbA when
measured at a distance of 50 feet from the sound equipment.
Sound equipment permitted under a Type C permit may be used
only in public parks owned and operated by the city or public
grounds and operated by another governmental body from 10:00
a.m. to 11 :00 p.m. for event authorized and approved by the Public
Works Department or other department having jurisdiction over the
park or public grounds.
(d) Type D permit - School Grounds. A Type D permit may be issued
for sound equipment emitting music or human speech registering
not more than 60 dbA when measured at the real property
boundary of the private residence alleging a noise disturbance
when known or at the real property boundary of the private
residence nearest the sound equipment, and registering not more
than 100 dbA when measured at a distance of 50 feet from the
sound equipment. Sound equipment permitted under a Type D
permit may be used only on school grounds, or in conjunction with
a school sponsored activity, from 10:00 a.m. to 11 :00 p.m. for
events authorized and approved by the school authorities having
jurisdiction of the grounds.
(e) Type E permit - Residential Events. A Type E permit may be
issued for sound equipment emitting music or human speech
registering not more than 60 dbA when measured at the real
property boundary of the private residence alleging a noise
disturbance when known or at the real property boundary of the
private residence nearest the sound equipment, and registering not
more than 100 dbA when measured at a distance of 50 feet from
the sound equipment. Sound equipment permitted under a Type E
permit may be used only pursuant to a permitted street closing
under Chapter 90, Sanford City Code and related policy, from 10:00
a.m. to 11 :00 p.m.
(7) Commercial advertising. No sound equipment shall be permitted to be
used on public street or public places or in any building or upon any
premises if the sound therefrom may be plainly audible from any public
street or public place within the City except pursuant to specific permit
granted for the permitted advertising endeavor.
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(8) Sound equipment impounded. The sound equipment or any component
thereof may be impounded pending the resolution of any violations
charged under this article.
(9) Responsible person required to be present. A permit is not valid unless at
least one of the persons listed as a responsible person on the application
is present on the premises at the time during which the permit is issued.
(10) Ineligibility or revocation.
(a) Ineligibility-convictions. No permit shall be issued if applicant, any
of the applicant's agents, or employees, has been convicted of
three or more violations of this article in the previous twelve (12)
month period.
(b) Revocation-convictions. The City Manager or designee shall
revoke a permit issued pursuant to this article upon the third
conviction of the applicant, applicant's agents, or employees, within
a twelve (12) month period, whether the total convictions are a
result of one individual or a combination of the convictions of the
applicant, applicant's agents, or employees.
(c) Revocation hearing-adverse impact. If the City Manager or
designee receives written statements or a petition from thirty three
percent (33%) or more of the property owners or residents who
claim to be adversely affected by the operation of sound
amplification equipment under a valid sound permit and who live
within 200 feet measured from property line to property line of the
property where such sound permit is valid, the director shall forward
the information to the City Clerk to schedule a hearing for
consideration of revocation of the sound permit.
(12) Revocation hearing for adverse impact.
(a) Notice. Upon receipt from the City Manager or designee that thirty
three percent (33%) or more of the property owners or residents in
the designated 200 foot radius have stated an adverse impact due
to the issuance of a sound permit, the City Manager or his I her
designee shall schedule a hearing and shall send by regular U.S.
Mail, a notice of the time, date, and location of the hearing to the
permit holder and all property owners and residents within the
designated 200 foot radius.
(b) Conduct of hearing. The revocation hearing shall be conducted
before the hearing officer designated by the City Manager not less
than twenty (20) business days, excluding Saturdays, Sundays,
0""'"'0 11:;. nf ")")
and City holidays, from the proposed date for the hearing. The sole
issue before the hearing officer shall be whether the continuance of
the sound permit creates an adverse impact on the health, safety,
and welfare of persons or property affected. The petitioners shall
have the burden of establishing the adverse impact. In the event
the hearing officer determines there is an adverse impact, then the
sound permit shall be either revoked, or the limitations of the permit
reduced so as to eliminate the adverse impact. The findings and
decisions of the hearing officer shall be reported in writing and
delivered to the permit holder and filed with the City Clerk. The
proceedings at the revocation hearing shall be recorded by the
hearing officer. Such tape recording shall serve as the official
record of the hearing for appeal purposes. The hearing officer shall
retain the tape-recorded record of the hearing until the appeal has
been acted upon by the City Commission.
(c) Adverse impact and appeal. For the purpose of the revocation
hearing the definition of "adverse impact" is the same as set forth in
this chapter in Section 38-81. The right to appeal and the appeal
process shall be set forth in this chapter in Sections 38-82 and 38-
83.
Section 38-73. Motorized vehicles.
(1) Every motor vehicle shall at all times be equipped with a muffler in good
working order and in constant operation to prevent excessive or unusual
noise. No person shall use a muffler cutout, bypass, or similar device
upon a motor vehicle on a highway.
(2) No person shall modify the exhaust system of a motor vehicle or
motorcycle by installation of a muffler cutout or bypass, and no person
shall operate a motor vehicle or motorcycle which has been so modified.
A motor vehicle so operated shall be deemed equipped with a muffler
which emits excessive and unusual noise and which is not in good
working order.
(3) No person shall operate a recreational vehicle or permit the operation of
one or more recreational vehicles individually or in a group or in an
organized racing event on public or private property in such a manner that
the sound level resulting from such operation exceeds 73 dbA for any total
of three minutes in any continuous one-hour period or exceeds 90 dbA for
any period of time during such operation. Sound levels which exceed the
limits described in this subsection at the real property boundary of thevreceiving land use shall be deemed a noise disturbance.
0""'"'0 1 ~ nf ")")
(4) Notwithstanding Section 38-66 of this article, no person shall permit the
conducting of any part of an organized racing event which involves a
contest between or among recreational vehicles on public or private
property between the hours of 10:30 p.m. and 10:00 a.m. the following
morning.
Section 38-74. Construction.
(1) No person shall operate or permit the operation of any tools or equipment
in construction, drilling, or demolition work or in preventive maintenance
work for public service utilities during the following times:
(a) Between the hours of 10:00 p.m. and 7:00 a.m. in any manner
which creates a noise disturbance, as defined in Section 38-68 of
this article, across a residential real property boundary or within a
noise sensitive area.
(b) At any other time in any manner which creates a noise disturbance
across a residential real property boundary or within a noise
sensitive area. For purposes of this subsection, a sound level at or
across a residential real property boundary in excess of an L eq of
85 dBA shall be deemed a noise disturbance.
(1) The terms of this section shall not apply to the following:
(a) Emergency work or repair work preformed by or for governmental
entities or public service utilities.
(b) The use of domestic power tools or equipment subject to Section
38-68 of this article.
Section 38-75. Stationary nonemergency signaling devices.
(1) No person shall operate or permit the sounding of any stationary bell,
chime, siren, whistle, or similar device, intended primarily for
nonemergency purposes, from any place for more than one minute in any
hourly period.
(2) Devices used in conjunction with places of religious worship shall be
exempt from the operation of this section.
(3) Exemptions for sound sources covered by this section but not exempted
under subsection (2) of this section, may be granted under the procedure
set forth in Section 38-79 of this article.
Section 38-76. Animals and birds.
0-:''"'0 17 nf ")")
The keeping of any animal or bird which by causing frequent or long-continued
noise shall disturb the comfort or repose of any persons in the vicinity.
Section 38-77. Enforcement.
(1) The noise control program established by this article shall be
implemented, administered by the police department, and enforced by the
city enforcement officer as defined herein.
(2) The sections of this article which prohibit the making, continuing, or
causing the making or continuing of a noise disturbance across a real
property boundary or within a noise sensitive area shall be enforced upon
receipt of complaint made or filed with city officials by a person disturbed
by such noise disturbance or by direction of the chief of police or his or her
designee. Certification by an official charged with enforcement of this
article that such complaint was made shall be sufficient to establish the
fact of such complaint.
(3) To implement and enforce this article, the City/Enforcement Officer shall
have the additional power to:
(a) Conduct research, monitoring, and other studies related to sound.
(b) Conduct programs of public education regarding the causes,
effects, and general methods of abatement and control of noise, as
well as the actions prohibited by this article and the procedures for
reporting violations.
(c) Coordinate the noise control activities of all city departments.
(d) Review public and private projects, including those subject to
mandatory review or approval by other departments, for compliance
with this article, if these projects are likely to cause sound in
violation of this article.
(e) Upon presentation of proper credentials, enter and inspect any
private property or place and inspect any report or records at any
reasonable time when granted permission by the owner or by some
other person with apparent authority to act for the owner.
(f) Issue sound variances pursuant to Section 38-79 of this article.
(g) Prepare recommendations for consideration by the City
Commission, after publication of notice and public hearing, for
establishing the boundaries of noise sensitive areas.
0""'"'0 1 R nf ")")
(4) The measurement of sound or noise shall be made with a sound level
meter meeting the standards prescribed by the American National
Standards Institute or its successor body. The instrument shall be
maintained in calibration and good working order. Octave band
corrections may be employed in meeting the response specification. A
calibration check shall be made of the meter before and after any
measurement used for enforcement purposes. If multiple meters are used
by a city department, the meters used by that department shall be
validated to a common calibration device for the department to reduce
potential variability. Measurements recorded shall be taken so as to
provide a proper representation of the noise source. The microphone
during measurement shall be positioned so as not to create any unnatural
enhancement or diminution of the measured noise. A windscreen for the
microphone shall be used when required. Traffic, aircraft, and other
transportation noise sources and other background noises shall not be
considered in taking measurements except where such background noise
interferes with the primary noise being measured.
Section 38-78. Deparbnental actions.
All city departments and agencies shall carry out their programs in furtherance of
the policy of this article.
Section 38-79. Application for sound variances.
(1) Any person desiring to exceed the permitted sound levels set out in this
article may apply to the City Manager or designee for a variance from
such regulations.
(2) All applicants for such variances shall apply in writing to the City Manager
or designee. Such application shall be submitted at least sixty (60) days
prior to the proposed date for the need of the variance.
(3) All variance applications shall contain the following information:
(a) The name and address of the applicant;
(b) If the application is made on behalf of an organization, the name
and address of that organization;
(c) The name and phone number of a contact person;
(d) The proposed date of the event and its potential cause for
excessive noise;
0""'"'0 1Q nf ")")
(e) The times the event will generate excessive noise; and
(f) Information which would demonstrate that bringing the source of
sound or activity for which the sound variance is sought into
compliance would constitute an unreasonable hardship on the
applicant, on the community, or on other persons.
(4) An application for a variance shall be submitted to the City Manager's
Officer accompanied by a nonrefundable fee of one hundred dollars
($100.00) to cover the cost of processing the application.
(5) Upon receipt of an application for a sound variance, the City Manager or
his / her designee shall determine what property interests may be affected
by the grant of a variance, including, but not limited to:
(a) The occupants of surrounding single-family or duplex residences
located in an area that includes the next two homes in any direction
or those within one hundred (100) feet of the noise source,
whichever is less; or
(b) The owner or manager of multiple-residence structures, including
hotels, within such areas.
(6) The City Manager or designee shall notify such property owners or
occupants as identified in subsection (c) of this section in writing and
delivered by the U.S. Postal Service, ordinary mail, of the application for a
sound variance and shall give ten (10) days to the affected property
owners or occupants to give written cause why the variance should not be
granted. Additionally, the City Manager or designee shall cause a notice
of variance application to be published in a local publication as designated
by the city clerk.
(7) If the City Manager or designee receives written statements from thirty-
three percent (33%) or more occupants who claim to be adversely
affected by allowance of the sound variance, the director shall forward the
information to the city clerk to schedule a hearing to consider the
application for a variance.
Section 38-80. Scheduling of hearing on sound variances.
Upon receipt from the director of the City/Enforcement Officer that thirty-three
percent (33%) or more property owners or occupants have given cause why the sound
variance should not be granted, the city clerk shall schedule a hearing and shall send by
the regular U.S. Postal Service a notice of the time, date, and location of the hearing to
the applicant and all property owners or occupants previously notified.
0""'"'0 ")n nf ")")
Section 38-81. Conduct of hearing on sound variances.
(1) The sound variance hearing shall be conducted before the hearing officer
designated by the City Manager not less than twenty (20) business days,
excluding Saturdays, Sundays, and city holidays, from the proposed date
for the variance. The sole issue before the hearing officer shall be
whether the grant of the variance shall create an adverse impact on the
health, safety, and welfare of persons or property affected. The applicant
for a variance shall carry the burden of establishing that an adverse
impact shall not be created by the grant of a variance. If the hearing
officer determines there will be an adverse impact, the variance shall not
be granted, and the reasons therefore shall be in writing and delivered to
the applicant and filed with the city clerk. If the hearing officer determines
that an adverse impact will not be created, the variance shall be granted
subject to those limitations set out by the director of the CitylEnforcement
Officer. The proceedings of the administrative hearing shall be tape
recorded by the hearing officer. Such tape recording shall serve as the
official record of the administrative hearing for appeal purposes. The
hearing officer shall retain all such tape recordings until the time for filing a
notice of appeal has expired. If a notice of appeal is timely filed, the
hearing officer shall retain the recorded record of the administrative
hearing until the appeal has been acted upon by the City Commission.
(2) As used in this section, the term "adverse impact" shall mean such a state
of facts as would lead a person of ordinary care and prudence to conclude
that the economic, entertainment and philanthropic benefits to the
community do not reasonably outweigh the quiet use and enjoyment of the
affected property.
Section 38-82. Right of appeal of hearing officer's decision.
The decision of the hearing officer made pursuant to Section 38.81, may be
appealed to the City Commission by the City/Enforcement Officer, the applicant for a
sound variance, or any impacted resident, provided that such entity or person files a
written notice of appeal with the city clerk's office within seven (7) days of the hearing
officer's decision. Failure to file a written notice of appeal within such period shall be
deemed a waiver of the right to appeal the decision of the hearing officer to the City
Commission.
Section 38-83. Appeal process.
The appeal of the decision of the hearing officer for a sound variance shall be
considered and a decision rendered by the City Commission within fourteen (14) days
of the filing of the written notice of appeal. The time for considering the appeal may be
extended for good cause. The appeal process shall consist of a review by the City
Commission of the transcript of the tape recorded record of the earlier administrative
0""'"'0 ") 1 nf ")")
hearing. No additional evidence may be presented as a part of the appeal. The sole
issue before the Commission shall be whether the decision of the hearing officer was
sufficient evidence. The decision of the City Commission is final.
Section 38-84. Penalty.
Any person who fails to perfonn an act required by the provision of this article, or
who commits an act prohibited by the provisions of this article, shall be guilty of a non-
criminal infraction punishable by a civil penalty as provided by Section 1-7, General
Provisions, Sanford City Code.
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