HomeMy WebLinkAbout3350 ORDINANCE NO. 3350
AN ORDINANCE OF TF/E CITY OF SANFORD, FLORIDA,
DELETING SECTION 18-18 OF CHAPTER 18, ARTICLE I,
OF ~ SANFORD CITY CODE, AND CREATING ARTICLE
VII OF CHAPTER 18 OF THE CITY CODE ENTITLED
"NOISE REQUIREMENTS, REGULATIONS &
MEASUREMENTS," PROVIDING GENERAL
REQUIREMENTS REGARDING NOISE; NOISES TO WHICH
THE STANDARDS APPLY; PROHIBITED ACTS; EXEMPT
NOISES; MECHANICAL LOUD SPEAKERS OR
AMPLI~]ERS; METHOD OF NOISE MEASUREMENT;
PROVIDING FOR CONFLICTS, SEVERABILITY AND
EFFECTIVE DATE.
NOW, THEREFORE, BE IT ENACTED BY THE PEOPLE OF THE CITY OF SANFORD,
FLORIDA:
SECTION 1 - Deletion of Section 18-18
Section 18-18 of Chapter 18 of the City Code entitled "Loud and Unnecessary Noises
Prohibited; Enumerated; Exception," located in Article 1 of Chapter 18, is hereby deleted in its
entirety.
SECTION 2 - Article VH of Chapter 18
Article VII of Chapter 18 of the Sanford City Code entitled "Noise Requirements, Regulations
and Measurements" is hereby created as follows:
SECTION A - General Requirements
(1) The requirements of Chart 1 shall apply to all noises (except those specifically
exempted in Section D), including continuous and intermittent noise, tones, impact noise, and noise
emitted by speaker boxes, pick-up and delivery trucks and any other commercial or industrial
activities which are under the control of the occupant of a building site.
(2) The noise levels listed in Chart 1 shall be those levels which may not be
exceeded for a cumulative period of more than five (5) minutes in any sixty (60) minute period.
Alternatively, these levels may not be exceeded for longer than eight and three-tenths percent (8.3%)
of any measurement period, which measurement period shall not be less than thirty (30) minutes.
(3) Where the ambient noise level exceeds the allowable noise levels given in Chart
1, then the ambient level becomes the allowable exterior noise level.
CHART 1: 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:
Generating Class A Standard Class A Standard Class B
Category_ 7 AM thru 10 PM 10 PM thin 7 AM Standard
Residential 60dBA 55dBA 65dBA
Office 70dBA 65dBA 75dBA
Commercial 70dBA 65dBA 75dBA
Industrial 75dBA 75dBA 85dBA
Class B Standards apply to noises originating from heavy manufacturing uses.
SECTION B - Prohibited Acts
(1) No person shall produce, cause to be produced, or allow to be produced, by
any means, any sound within any property which, when measured inside or at the property line of the
property receiving said noise, exceeds the applicable sound level limits set forth in Chart 1 and as
measured as set forth in Section A.
(2) No person shall produce, cause to be produced, or allow to be produced, by
any means, any sound on any street adjacent to any school, chumh, institution of learning, court while
in session, or hospital, which when measured inside or at the property line of said school, church,
in~stitution ofleaming, court while in session, or hospital receiving said noise, exceeds the applicable
sound level limits set forth in Chart 1 and as measured as set forth in Section A; provided, however,
that streets adjacent to those properties shall be dearly marked by conspicuous signs identifying those
areas.
SECTION C - Additional Prohibited Acts
(1) It shall be unlawful for any person to make, continue or cause to be made or
continued any unnecessary or unusual noise or any noise which either annoys, disturbs, injures or
endangers the comfort, repose, health, peace or safety of others within the corporate limits of the
City.
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(2) Except as otherwise provided in this section, the following acts among others
are declared to be loud, disturbing and unnecessary noises in violation of this section, but such
enumeration shall not be deemed to be all inclusive:
(a) Radios, phono_~aphs, televisions, etc. Using, operating or permitting
to be played, used or operated any radio receiving set, television set, musical instrument, phonograph
or other machine or device for the producing or reproducing of sound in such a manner as to disturb
the peace, quiet and comfort of the neighboring inhabitants, or at any time with louder volume than
is necessary for convenient heating for the person who is in the room, vehicle or chamber in which
such machine or device is operated and who is a voluntary listener thereto. The operation of any such
set, instrument, phonograph, machine or device between the hours of 10:00 p.m. and 7:00 a.m. in
such a manner as to be plainly audible at a distance of fifty (50) feet from the building or structure
in which it is located shall be ptima fade evidence of a violation of this section. It is unlawful for any
person operating or controlling a motor vehicle in either a public or private place within the City to
operate any sound amplifier which is part of, or connected to, any radio, stereo receiver, compact disc
player, cassette tape player, or other similar device in the motor vehicle, in such a manner that, when
operated, it is audible at a distance of thirty (30) feet or, when operated, causes a person to be aware
of the vibration accompanying the sound at a distance of thirty (30) feet from the source.
(b) Sound trucks. No sound truck or other device or medium for
amplifying sound shall be operated or permitted to operate within the City for advertising purposes
or to attract the attention of the public, where the sound therefrom is transmitted from, to, in or over
any public thoroughfare, park or other public place.
This section shall not prohibit the use of such sound amplification for
disseminating religious or political messages, or information concerning civic, recreational and other
matters of general public interest; provided permission for same is obtained from the Chief of Police,
who is hereby authorized, directed and empowered to make and enforce reasonable rules as to such
use with reference to time, place, volume, etc.
(c) Yellin. g, shouting. etc. Yelling, shouting, hooting, whistling or singing
on the public streets, particularly between the hours of 10:00 p.m. and 7:00 a.m., or at any time or
place so as to exceed the maximum noise levels set forth in Chart 1.
(d) Animals and birds. The keeping of any animal or bird which by cansing
frequent or long continued noise shall disturb the comfort or repose of any persons in the vicinity.
Cross reference - Barking and howling dogs prohibited, § 4-41 (5).
(e) Defect in vehicle or load. The use of any automobile, motorcycle or
vehicle so out of repair, so loaded or in such manner as to create loud and unnecessary grating,
grinding, rattling or other noise.
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(f) Hawkers, peddlers, etc. The shouting and crying of peddlers, hawkers
and vendors which disturb the peace and quiet of the neighborhood.
(g) Noises to attract attention, The use of any drum or other instrument
or device for the purpose of attracting attention by creation of noise to any performance, show or
sale.
(h) Transportation of metal rails, etc. The transportation of rails, pillars
or columns of iron, steel or other material over and along streets and other public places upon carts,
drays, cars, tracks or in any manner so loaded as to cause loud noises or as to disturb the peace and
quiet of such streets or other public places.
(i) Pile drivers, hammers, etc. The operation between the hours of 10:00
p.m. and 7:00 a.m. of any pile driver, steam shovel, pneumatic hammer, derrick, steam or electric
hoist or other appliance, the use of which is attended by loud or unusual noise.
(j) Blowers. The operation of any noise-creating blower or power fan or
any internal-combustion engine, the operation of which causes noise due to the explosion of operating
gases or fluids, unless the noise from such blower or fan is muffled and such engine is equipped with
a muffler device sufficient to deaden such noise.
(k) Recreational ramps. The use of any recreational ramps by a person
upon a skateboard, roller skates, bicycle, coaster, toy vehicle or similar device in such a manner as
to disturb the peace, quiet and comfort at any time of persons in any office, dwelling, hotel or type
of residence. (Ord. No. 2094, § 1,3-12-90)
(1) Defects in equipment. The use of any mechanical equipment so out
of repair or so defective that it creates unnecessary grating, grinding, rattling or other noise
The provisions of this section shall not be construed to prohibit music being
made upon streets or sidewalks by brass bands or other bands, nor to prohibit religious organizations
from beating drums in their religious worship. (Code 1954,§§ 18-28, 18-29; Ord. No. 1758, § 1, 6-
10-85; Ord. No. 2094, § 1, 3-12-90)
SECTION D - Exempt Noises
The following types of noises shall be exempt from the provisions of this Chapter:
(1) Noises from temporary construction and maintenance activities between 7:00 a.m. and
9:00 p.m. except Sundays and federal holidays.
(2) Noises from safety signals, emergency equipment and vehicles, warning devices and
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emergency pressure release valves and law enforcement activities, including training.
(3) Noises from motor vehicles such as automobiles, tracks, airplanes and railroads which
are not under the control of the user.
(4) Ordinary domestic noises provided such noises comply with the requirements of Chart
1.
(5) Noises such as those from show and ride attractions, fireworks, show pyrotechnics,
aerial displays, sound effects, theatrical sound systems, music and human voices associated with
Special Events, with case by case conditions as approved by the City Commission or authorized
designee.
(6) Reasonable or ordinary noises attendant upon athletic contests or lawful public or
semi-public meetings, parades or celebrations, or in connection with a Special Event approved by the
City Commission or authorized designee, in which case conditions and limitations of the specific
Special Event shall apply.
SECTION E - Mechanical Loud Speakers or Amplifiers: Permit for Use
(1) It shall be unlawful to use any mechanical loud speaker or other sound-amplifying
device on a track or other moving vehicle or out of doors on a public, semi-public or private property
except under a permit issued by the Chief of Police or City Manager.
(2) No person shall use a loud speaker or other sound-amplifying device between the
hours of 10:00 p.m. and 7:00 a.m.
(3) No person shall use a loud speaker or other sound-amplifying device within 1,000 feet,
as measured by direct line from the noise source to the property line, of any school, church, hospital,
court of law, or public transportation facility without the permission of that adjacent property owner.
(4) Each permit application will include the name, address, and telephone number of the
permit applicant, the time, date, and location, the loudspeaker or sound-amplif2cing device to be used,
and a description of the loudspeaker or sound-amplifying device including its decibel level. The
application must be submitted to the City Manager at least 72 hours in advance to insure sufficient
processing time and must be accompanied by a $5.00 processing fee. Any application received less
than 72 hours in advance may be subject to non-approval for lack of processing time.
(5) Upon receipt of the permit application and processing fee, the City Manager will
review the application, and forward it to the Chief of Police for action if it deals with mobile sound
sources. The Chief of Police or City Manager may issue a permit good for no more than a twenty-
four (24) hour period, provided the proposed activity:
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a) complies with subsections (B) through and including (D) of this section;
b) will not interfere with any governmental function or with any event previously
permitted pursuant to the City Code;
c) is not for a fixed location within 1,000 feet of the sound source, as measured
by direct line distance, of an activity previously permitted under this section
for the same date and time; and
d) is not an activity and/or location which has previously received noise
complaints for similar type events.
SECTION F - Method of Noise Measurement
All measurements shall be made with a sound level meter which satisfies the requirements
pertinent for Type 2 Sound Level Meters in the American National Specification for Sound Level
Meters, S1.4-1983. The sound level meter shall preferably have an AC output port to permit the use
of headphones. The sound level meter shall be calibrated following the meter manufacturer's
recommendations within an acoustical calibrator or a piston phone calibrator. A windscreen shall be
utilized with the sound level meter. The measurements shall in general be made in accordance with
American Society for Testing and Materials ASTM EI014-84, emitled "Standard Guide for
Measurement of Outdoor A-Weighted Sound Levels". The A-weighting scale of the sound level
meter shall be utilized.
SECTION 3 - Conflicts
All Ordinances or parts of Ordinances in conflict with any of the provisions of this Ordinance
are hereby repealed.
SECTION 4 - 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 invalidate or impair the validity, force or effect of any other
Section or part of this Ordinance.
SECTION 5 - Effective Date
This Ordinance shall become effective immediately upon its passage and adoption.
Passed and Adopted thi~;,-Oc~"~day of ~ ,1997.
Ordinance No. 3350
Page 6
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