4582 Amend Noise OrdinanceOrdinance No. 2021-4582
An Ordinance of the City of Sanford, Florida relating to noise regulation
and substantially revising, amending and supplementing the provisions
of Chapter 38, Article III of the Code of Ordinances of the City of Sanford,
Florida; modifying, revising and establishing a wide array of processes,
procedures and requirements as well as matters relating to penalties,
code enforcement remedies and powers, evidence and contraband,
special magistrate proceedings, noise disturbances, hearings and
orders, and liability; amending Section 90-4 and Section 90-5, Chapter
90 of the Code of Ordinances of the City of Sanford, Florida relating to
special events; providing for legislative findings and intent; providing
for the taking of implementing administrative actions; providing for
conflicts; providing for severability; providing for a savings provision
and ; providing for codification and scrivener's errors and an effective
date.
Whereas, the making and creation of excessive and unnecessarily loud noises
within the City of Sanford, is a condition which has existed for some time and which has
required a significant amount of enforcement efforts by multiple City departments and array
of City personnel; and
Whereas, the residents of the City of Sanford have a right to an environment free
from excessive noise including the vibration and disturbances from low frequency noise;
and
Whereas, the making and creation of these noises may be prolonged, unusual and
unnatural in their time, place and effect upon individuals, and are a detriment to the public
health, comfort, convenience, safety, welfare and prosperity of the residents of the City of
Sanford; and
Whereas, as a matter of legislative determination and public policy, the City
Commission of the City of Sanford finds it in the public interest for the provisions,
prohibitions and penalties hereinafter contained and enacted; and
Whereas, Chapter 162, Florida Statutes, provides a process for counties and
municipalities to enforce code and ordinance violations; and
Whereas, the City Commission of the City of Sanford desires for the City to
implement an array of flexible legal remedies to address violations of this Ordinance; and
Whereas, it is further declared that the provisions, prohibitions and penalties set
forth herein are in pursuance of and for the purpose of securing and promoting the public
health, comfort, safety, and welfare of the inhabitants of the City of Sanford; and
Whereas, it is the intent of this Ordinance that it shall work harmoniously with
existing ordinances and state statutes regulating noise emissions and shall serve as an
additional regulation to those pre-existing ordinances and statutes; and
Whereas, it is not the intent of this Ordinance to interfere with the individual rights
to freedom of speech or religion; and
Whereas, the City Commission of the City of Sanford finds that the provisions of
this Ordinance are in the best interests of the City of Sanford's residents, businesses and
visitors; and
Whereas, from time -to -time noise is made in residential areas of the City that is
unreasonably loud for the area; and
Whereas, although an appropriate means of enforcement, the use of the sound
measuring device by police officers is a cumbersome process that is both inefficient and
requires too much time to be dedicated to training and maintenance of sound measuring
devices; and
Whereas, citizens oftentimes do not wish to fill out a sworn complaint against a
neighbor, often for fear of reprisal, and these citizens simply want the City's law
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enforcement and other code enforcement personnel to have noise issues addressed in
an appropriate, but expeditious, manner; and
Whereas, while law enforcement officers and other code enforcement officers are
oftentimes able to obtain compliance with their requests to reduce noise, there are
situations in which the officers do not obtain voluntary compliance and they have no other
mechanism to obtain enforcement using other than technical measurements; and
Whereas, the provisions of this Ordinance provide law enforcement officers and
code enforcement personnel with an opportunity to enforce an easy to understand noise
regulations by prohibiting noises that are "plainly audible" at designated distances from
the noise emitting property; and
Whereas, the "plainly audible" standard has been held by the Courts of Florida to
be a constitutional method of measuring noise; and
Whereas, the provisions of this Ordinance also provide law enforcement officers
and code enforcement personnel with technical methodologies and standards that can
be implemented to protect citizens from noise emitting property; and
Whereas, the Constitution of the State of Florida states, in Article 11, Section 7, that
"[i]t shall be the policy of the state to conserve and protect its natural resources and scenic
beauty. Adequate provisions shall be made by law for the abatement of air and water
pollution and excessive and unnecessary noise." and providing for the quietude of
residential neighborhoods within the City of Sanford is an important governmental interest
in support of that constitutional provision; and
Whereas, the City Commission determines that the provisions of this Ordinance
serve that important interest in a fair and constitutional manner and that the adoption of
this Ordinance is otherwise in the best interests of the health, safety and welfare of the
citizens of the City of Sanford; and
Whereas, the provisions of this Ordinance balance the interests of commercial
enterprises within the City and the protection of citizens from noise emitting property; and
Whereas, the City Commission of the City of Sanford has the power and
authority to enact this Ordinance under the controlling provisions of State law such as, by
way of example only, the provisions of Article VIII, Section 2 of the Constitution of the
State of Florida and the provisions of Chapter 162 and Chapter 166, Florida Statutes, and
the controlling case law of the State of Florida; and
Whereas, the City Commission of the City of Sanford is enacting this
Ordinance in order to protect the public health, safety and welfare; and
Whereas, underlined words in this Ordinance shall constitute additions to the
current text of the City Code, *** shall constitute ellipses (spaces where current City Code
provisions are omitted for the sake of the ease of reference), and stFike throug-4s shall
constitute deletions to current text of the City Code.
Now, Therefore, be it Enacted By the People of the City Of Sanford, Florida:
Section 1. Legislative Findings and Intent.
(a). The City Commission of the City of Sanford hereby adopts and incorporates
into this Ordinance the recitals (whereas clauses) to this Ordinance, the City staff report
and City Commission agenda memorandum relating to the regulations and matters as
set forth herein.
(b). The City of Sanford has complied with all requirements and procedures of
Florida law in processing and advertising this Ordinance.
Section 2. Revisions To Chapter 38, Article III, City Code. The provisions of
Chapter 38, Article III of the Code of Ordinances of the City of Sanford, Florida are
amended to read as follows:
ARTICLE III. - NOISE
Sec. 38-61. - Definitions.
(a). Definitions of technical terms used in this Ordinance AFfide which are not
defined in this Section shall be obtained from publications of acoustical terminology
issued by the American National Standards Institute (ANSI) or the American Society for
Testing and Materials (ASTM) or their its successor bodies 1—chi.
(b). The following words, terms, and phrases, when used in this Ordinance
AFtiGle, shall have the meanings ascribed to them in this Section, except where the context
clearly indicates a different meaning:
(1). Agricultural means any area that is being lawfully used for an
agricultural use pursuant to the City's Land Development Regulations.
21 Ambient sound level means the surrounding or steady background
sound noise associated with a given environment, exclusive of a particular
sound noise being tested, being usually a composite of sounds from many
sources near and far, exclusive of intruding sounds RGises from isolated
identifiable sources.
(3). A -weighted sound level means the sound pressure level in decibels
as measured on a sound level meter using the A -weighting network on a
sound level meter that meets the standards set forth in ANSI Standard
S.1.4-1983 (or more recent version). The level is designated dB(a) e dBA.
(4). Ad a
Loining property means property which shares a contiguous
boundary with another property.
(5). ASTM means the American Society for Testing and Materials
Institute or its successor boy or bodies.
(6). Amplified sound means any sound or noise, including the human
voice, that is increased in volume or intensity by means of electrical power.
(7). ANSI means the American National Standards Institute or its
successor boy or bodies.
(8). C -weighted sound level means the sound pressure level in decibels
measured using the C- weighting network on a sound level meter that meets
the standards set forth in ANSI Standard S1.4-1983 (or more recent
version). The level so read is designated "dBC."
(9). Commercial use means any area that is being lawfully used for a
commercial use pursuant to the Cit 's Land Development Regulations.
(10). Continuous sound means a sound which remains essentially
constant in level during a period of observation,
(11). Construction activity means any site preparation, assembly, erection,
substantial repair, alteration, improvement or similar action on real propeLty,
whether publicly or privately owned, and whether above ground or below
(12).
City/enforcement officer shall include all City code enforcement,
police, and community service officers of the City.
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(13). 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 micropascals (20 micronewtons per
square meter).
(14). Demolition means any dismantling, intentional destruction or
removal of structures, utilities, public or private right-of-way surfaces, or
similar property.
fL51 Emergency means any occurrence or set of circumstances involving
actual or imminent physical or psychological trauma or property damage
which demands immediate action.
(16). Emergency work means any work performed for the purpose o
preventing or alleviating the physical trauma or property damage threatened
or caused by an emergency, including work necessary to restore property
to a safe condition following an emergency.
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(17). Equivalent A -weighted sound level (Leq.) means the constant sound
level that, in a given situation and time period, conveys the same sound
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energy as the actual time -varying A -weighted sound. For the purpose of this
Ordinance Agile, 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.
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1. Impulsive sound means non -repetitive sound of short duration,
usually less than one second, with an abrupt onset and rapid decay.
Examples of sources of impulsive sound include explosions and drop force
impacts.
(19). Industrial use means any area that is being lawfully used for an
industrial use pursuant to the City's Land Development Regulations.
(20). Leg means the average sound level.
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(21). Motor vehicle means a self-propelled vehicle not operated upon rails
or guideway and including, but not limited, to automobiles, motorcycles,
trucks, trailers, semitrailers, truck tractor and semitrailer combinations,
passenger cars, truck trailers, semitrailers, campers, go-carts, amphibious
craft on land, dune buggies, and racing vehicles, or any other vehicle
operated on the roads used to transport persons or property any motor
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(22). Muffler means any apparatus consisting of baffles, chambers, o
acoustical absorbing material whose primary purpose is to transmit liquids
or gases while causing a reduction In sound emission at one end.
(23). Necessary activity means any activity analyzed and determined by
the City to be an activity that cannot be avoided for the purpose of
construction, public safely, constitutionality, or any other activity otherwise
prohibited which the City considers acceptable to be permitted for a limited
period of time.
(24). Necessary business equipment means equipment physically affixed,
joined, or connected to the outside of a building, and without which a
business located inside the building would not be able to operate.
Examples include but are not limited to heating and air conditioning units,
electrical generators, water pumps, ventilation systems, and air/water
chillers.
(25). Neighboring Property means property which does not share a
contiguous bounds rV with another property, but which is close enough in
proximity to be affected by sound produced on the other property.
(26). Noise is a type of sound means any sound which disturbs humans a
reasonable person of ordinary sensibilities or which causes or tends to
cause an adverse psychological or physiological effect on disturbs humans
a reasonable person of ordinary sensibilities. "Noise" includes, but is not
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limited to, low frequency sounds caused by amplified bass music that can
induce vibration in building structures or human beings.
(27). Noise disturbance means any sound or vibration or combination of
sounds or vibrations which:
(A). May disturb, annoy, or be harmful or injurious to the health
or welfare of a reasonable person of ordinary sensibilities: or
(B). Which, because of its volume or quality or time of day,
tends to annoy, disturb, frighten, or otherwise cause an adverse
Psychological or physiological effect upon a reasonable person of
normal sensitivity, or unreasonably prevents such person from being
able to enjoy her or his activities of daily living: or
(C). Exceeds the maximum allowable limits set forth in this
Ordinance.,
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(28). 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.
(29). Noise sensitive area means any area designated pursuant to Section
38-77 Gf this ArtiGle for the purpose of ensuring exceptional quiet and clearly
posted with noise sensitive area signs, because of the noise sensitive
activities conducted herein.
(30) Person shall mean and include any officer, employee, department,
agency or instrumentally of the state or any political subdivision of the State
and shall include a natural person and any corporation, firm, association,
joint venture, partnership, or any other entity whatsoever or any combination
of such, iointly and severally.
(31). Plainly audible means any noise, sound or component of sound
produced by any source, or reproduced by a radio, audio or visual
equipment, sound equipment, sound amplification device, exterior
loudspeaker, musical instrument and similar devices, sound amplifier or
other mechanical or electronic sound making device for which any of the
content of that sound is unambiguous, verifiable, and discernible above
ambient levels by a person using his or her unaided hearing faculties,
including, but not limited to, comprehensible musical rhythms,
understandable speech, or rhythmic bass or that can be clearly heard by a
person using his or her normal hearing faculties, at a distance from the
Property line or right-of-way line of the source of the noise as follows:
Time of Day P Distance
7:00 a.m.-10:00 p.m. 300 feet or more
10:01 p.m. -6:59 a.m. 150 feet or more
Without in any way limiting the foregoing, the detection of a rhythmic bass
reverberating type of noise is sufficient to be plainly audible.
Powered model vehicle means any self-propelled airborne,
waterborne, or landborne model plane, vessel, or vehicle, which is not
designed to carry persons, including but not limited to any model airplane,
boat, car or rocket.
(33). 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 and includes all property interests as defined in the
definition of the term set forth at Section 334.03 Florida Statutes or its
successor provisions .
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(34). Public space means any real property, including any structure
thereon, which is owned or controlled by a governmental entity.
L351 Pure tone means any sound which can be distinctly heard as a single
pitch or as set of single pitches.
(36). 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 or, as otherwise defined as the
imaginary line along the ground surface, including its vertical extension that
separates one parcel of real property from another; or the vertical and
horizontal boundaries of a dwelling unit that is one unit in a multi- dwelling -
unit building.
(37). Receiving land u -se means the property which receives the
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(38), Residential use means any area that is being lawfully used for a
residential use pursuant to the City's Land Development Regulations.
(39). RMS sound pressure means the square root of the time averaged
square of the sound pressure, denoted P rms.
(40). Short duration and non -repetitive means any sound with a duration
of less than thirty seconds.
(41). Sound means an oscillation, including temporal and spatial
oscillation, 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.
(42). Sound anal y_ the octave band level
Zer means a device for measuring
of a sound as a function of frequencV.
(43). 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.
(44). Sound level means the conversion of sound pressure to a logarithmic
measure called the decibel. The criteria required to properly define the
sound level limits include the following:
(A). The actual sound level limit with the frequency weighting to
be used, such as A- weighting or C -weighting (i.e. 55 dBA, 60 dBC,
etc. or 60 dBC, 65 dBC, etc.)
(B). The acoustical metric to be used, such as real time
measurement using fast/slow time constant, an average sound level
(Leg), a maximum sound level (Lmax), etc. or a combination of
multiple metrics.
(C). The time duration of the measurement (i.e. instantaneous,
time average, percentage of time sound level is not to be exceeded,
etc.)
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(45). Sound level meter means an instrument which includes a
microphone, amplifier, RMS detector, integrator or time average, output or
display meter, and weighting networks used to measure sound pressure
levels, whiGh GGFnPlies The output meter reads sound pressure level when
properly calibrated, and the instrument is of type 2 or better, as specified in
with American National Standards Institute 1.4-1971 as amended from time
to time.
(46). 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.
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(47). 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.
(48).Vessel means a watercraft used or capable of being used as a
means of transportation on water.
Vibration means a temporal and spatial oscillation of displacement,
velocity and acceleration in a solid material.
(c). To the extent pertinent in the context of applying the provisions of this
Ordinance the words, terms, and phrases, when defined in the Florida Statutes, and the
City Code may be used, except where the context clearly indicates a different meaning.
(d). The definitions herein may be used in developing and implementing
administrative policies and the promulgation of rules by the City Manager.
Sec. 38-62. - Title.
This Ordinance AFtiGle may be cited as the "Sound and Noise Control Ordinance of the
City of Sanford."
Sec. 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.
(2). A substantial body of science and technology exists by which excessive
noise can be substantially abated without serious inconvenience to the public.
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(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.
(6). Noise exceedinq certain levels or durations and durinq specific times of day
can be detrimental to the health, safety, and welfare of the citizenry, and may infringe
upon an individual's right to peaceful and quiet enjoyment of their activities of daily living.
It is the policy of the City to prohibit noise disturbances or unreasonably loud noise from
all sound sources, subiect to its police power, in order to secure and promote the public
health, comfort, convenience, safety, welfare, and prosperity of the citizens of Sanford.
(7). Nothing in this Ordinance is intended to deter individuals from lawfully
exercising the individual right of freedom of speech and commerce, or any other freedom
guaranteed under the Constitutions of the United States of America or of the State of
Florida, and nothing in this Ordinance is intended to unreasonably limit or restrain
commercial or industrial enterprises.
Sec. 38-64. — Purpose and Application.
(a). The purpose of this Artirle 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, comfort, convenience, safety, prosperity and general welfare.
(b). It is the general and specific intent of this Ordinance to implementas-49
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the public policy of the City Commission relative to the protection of the public health,
safety and welfare of the citizens, residents and businesses of the City with regard to
sound and noise regulation.
(c). This Article shall apply to the control of all noise originating within the City
Gity,- except where a eitheF-.
(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; ef
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(d). Except as allowed in this Ordinance, it is prohibited and unlawful for a person
to willfully engage in any activity on any premises or public area in the Ci!y, which activity
produces or constitutes a noise disturbance on adjoining or neighboring
. properties or public
areas or otherwise violates the provisions of this Ordinance.
Sec. 38-66. — Exempt Activities Or Actions Exreptions to ArtiGlee.
This Ordinance Article shall not apply to the following:
(1). The reasonable emission of sound for the purpose of alerting persons to the
existence of an emergency when such emergency exists or is reasonabIV believed to exist
such as, but not limited to the sound or noise of safety signals, warning devices, fire alarms,
burglar alarms, civil defense alarms, sirens, whistles and emergency pressure relief valves.
Testing of a stationary emergency signalin
-q device may 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; provided, however that test times exceed 60 seconds.
(2). The reasonable emission of sound in the performance of governmental or
governmentally authorized emergency work including, but not limited to, emergency
vehicles in the course of performing in conjunction with the official duties of emergency
personnel.
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(4. The unamplified human voice, except those activities prohibited GentFelled by
Section 38-70(44 ef this Ar-tiGle which relates to reasonable actions and activities.
(4). (&)-. Sounds reasonably emanating from bona fide farm operations on land
classified as agricultural land by the Seminole County Property Appraiser and which are
exempt from local government regulation pursuant to Section 823.14, Florida Statutes, as
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(5). {66Rail and air transportation and public mass transportation vehicles,
operations and rail equipment and airplanes relating thereto operating in conformity with, o
pursuant to, controlling Federal or State law which are preempted from regulation by the
Com.
(6).(7)-. Special events approved by the City subiect to any conditions placed upon
noise in the permit not to exceed 95dBA or 100 dBC which may refer to the provisions and
reguirements of this Ordinance.
The emission of sound in the performance of military operations, exclusive
of travel by individuals to or from military duty when preempted from regulation by the Ci .
(8). W. The emission of sound in the legal discharge of weapons or in fireworks
displays permitted liGensed by the City which permit may refer to the provisions and
requirements of this Ordinance or on such dates that fireworks are otherwise authorized b
controlling State la . 2
(9). 4%.- Parades or procedures for which a parade permit has been issued by the
City which permit may refer to the provisions and requirements of this Ordinance.
' Section 791 A8, Florida Statutes, provides as follows:
791.08. Use during designated holidays; exemption
(1) As used in this section, the term "designated holiday" means:
(a) New Year's Day, January 1;
(b) Independence Day, July 4; or
(c) New Year's Eve, December 31.
(2) This chapter does not prohibit the use of fireworks solely and exclusively during a designated
holiday. This section is not intended to provide for the comprehensive regulation of fireworks as
described in s. 10(5), chapter 2007-67, Laws of Florida, or to supersede any local governmental
regulation relating to the use of fireworks as provided in s. 10(5), chapter 2007-67, Laws of Florida.
(3) The Legislature does not intend for the application of this section to supersede any prohibition
against the use of fireworks contained within a legally executed and properly recorded declaration of
covenants or covenant running with the land of any homeowners' association pursuant to chapter 720.
However, a homeowners' association, through a board of directors, may not promulgate rules that
attempt to abrogate a homeowner's right to use fireworks during a designated holiday or under general
law.
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(10).(44)-. Landscape maintenance equipment with stock sound arrestor from 8:00
a.m. through 8:00 p.m. Monday through Friday, and 9:00 a.m. through 8:00 p.m. on
Saturdays and Sundays provided that all equipment is reasonably operated in accordance
with manufacturer's specifications and is equipped with all noise -reducing equipment in
proper condition.
(11). Motor vehicles operating on the a public right-of-way in compliance with
Chapter 316 and Section 403.415, Florida Statutes, and as amended: provided, however,
that this exception shall not apply to amplified sound produced by a radio, tape player,
compact disc player, or other mechanical sound making device or instrument from within
the motor vehicle so that the sound is plainly audible from 25 feet from the source vehicle
and; provided, further, however, that, in determining whether a sound is plainly audible:
(a). The primary means of detection shall be by means of the law
enforcement or code enforcement officer's ordina!y audita !y senses, so long
as the officer's hearing is not enhanced by any mechanical device, such as a
microphone or hearing aid; and
(b). The officer must have a direct line of sight and hearing to the motor
vehicle producing the sound so that he/she can readilV identifV the offending
motor vehicle and the distance involved; and
(c). The officer need not determine the particular words or phrases being
produced or the name of any song or artist producing the sound.
(12). Any residential unit with air-conditioning or pool pump equipment when in
reasonable mechanical condition operating with the standard sound and vibration control
systems typically provided by the manufacturer in a sound level not to exceed 60 dBA or 65
dBC. Air conditioning units are presumed to be in reasonable mechanical condition if the
unit meets the sound specifications contained in the Air Conditioning, Heating, and
Refrigeration Institute's ("AHRI") Applied Directory of Certified Product Performance
Variable Air Volume terminals.
(13). Impulsive sound which are emanating in a manner consistent with the
provisions of this Ordinance.
(14). Sports shooting ranges in compliance with Sections 790.33 and 823.16,
Florida Statutes, as amended, and operating in a manner that is preempted from regulation
by the City.
(15). The usual sounds or noises associated with reasonable marina operations
and port operations; provided, however, that all equipment must be operated in accordance
with manufacturer's specifications and be eguipped with all appropriate noise -reducing
equipment in proper condition.
(16). Sound or noise emanating from City and school scheduled outdoor athletic
events held at Sanford Memorial Stadium, at any City park, or at any school athletic facility
between the hours of 7:00 a.m. and Midnight.
(17). Sound or noise emanating from City permitted concerts, street fairs, festivals,
or other public celebrations produced, sponsored, or approved by the City and other similar
City events held at between the hours of 7:00 a.m. and 11:00 p.m. and in accordance with
an associated noise permit. Permits may refer to the provisions and requirements of this
Ordinance.
(18). Construction activity performed by or for an a-gency of government, provided
that all equipment is operated in accordance with manufacturer's specifications and is
equipped with all noise -reducing equipment in proper condition.
(19). Sound from permanently installed church bells, clock carillons, other bells, or
221Page
chimes provided that bells may not sound for more than 5 minutes in any hour and may only
mark the hour between the hours of Midnight and 7:00 a.m.
(20). Sound or noise emanating from film and video production activities for which
film permits have been issued by the City, provided that all equipment is operated in
accordance with manufacturer's specifications and is equipped with all standard noise
reducing equipment in proper condition which permits may refer to the provisions and
requirements of this Ordinance.
(21). The reasonable use of necessary business equipment, provided that such
equipment is operated in accordance with manufacturer's specifications, is in good working
order, and is equipped with appropriate noise -reducing equipment and any reasonable
screening; provided, however, that business equipment shall not include equipment that
broadcasts sound or noise from a business conducting entertainment activities.
(22). The collection of garbage, recVclables, or yard waste between the hours of
7:00 a.m. and 7:00 p.m, or as set forth in a solid waste franchise agreement with the City
which franchise may refer to the provisions and requirements of this Ordinance.
(23). Any other sound authorized by City permit or City contract, but only to the
extent allowed by such permit or contract which permits or contracts may refer to the
provisions and requirements of this Ordinance.
Sec. 38-67. - Specific activities prohibited.
(1). The following actions and activities are prohibited and unlawful:
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OF sell anything by shouting or raised voice within any residential or commercial area in the
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City including, but not limited to, shouting, crVin_q out by peddlers, hawkers or vendors along
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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 SeGtiOR
(3). Motor vehicle or vessel VehiGle or materbea repairs, rebuilding, modifying
er meterb in such a manner as to cause a noise disturbance across a residential real
property boundary or outdoors within a noise sensitive area.
permit the operation of powered model vehicles in a public or private space out-of-doors or
within a noise sensitive area between the hours of 10:00 p.m. and 7:00 a.m. the following
day.
(5). Operating No peFsen, while occupying any public right of way On the Gi y, shah
operate any noise -creating device for the purpose of drawing attention to the source of the
noise. The prohibitions of this Section shall include, but not be limited to, rapid :-(a) Rapid
throttle advance (revving) of an internal combustion engine resulting in increased noise from
the engine.
(6). The sounding of any horn or signal device on any motor vehicle for an
unnecessary or unreasonable period of time, or when directed to another person without a
legitimate purpose and for the purposes of harassment.
24 1 P a g e
(7). The use of any siren upon any vehicle other than police, fire, ambulance, o
other emergency vehicles.
(8). The intentional projection, creating, making, or maintaining any noise from any
drum, cymbals, music, loudspeaker, or other instrument or device onto adjoining or
neighboring properties for the purpose of attracting attention by creation of noise to any
business, location, performance, show, event, sale, or display of merchandise, or place of
business except for activities permitted during a special event.
(9). Keeping any animal or bird which frequently or for long periods of time makes
noises that would tend to disturb or annoy a reasonable person of normal sensitivity in the
vicinity.
(10). Operating any internal combustion engine including, but not limited to, an
enaine associated with a vessel or motor vehicle. without a muffler or other device at least
as effective as that installed as original equipment by the manufacturer, which will effectively
prevent loud or explosive noises therefrom.
(11). Creating noise on any street adjacent to any school, church, or health care
facility, which unreasonably interferes with the workings of such institution, or which disturbs
or unduly annoys patients in a health care facility.
(12). Yelling, shouting, hooting, whistling, singing
or the making of similar noises,
and loud, boisterous conduct other than normal conversation at reasonable levels, inside of
or on the -grounds of any public or private property between the hours of 10:00 p.m. to 7:00
a.m., so as to annoV or disturb the quiet, comfort, or repose of other persons or create a
disturbance.
25 1 P a g e
(13). Usinq any skateboard ramp or similar configuration for skateboarding o
rollerblading between 10:00 p.m. and 7:00 a.m. in a property assigned a residential land
use designation in such a manner that results in noise across a real property line.
(14). Allowing an animal to habitually bark, whine, howl, squawk, screech, or cause
any other noise which is objectionable due to pitch, frequency, duration, or timing.
(15). A noise disturbance.
(16), Any other violation of this Ordinance.
Sec. 38-68. - Maximum noise levels established.
(1). Sound level limits pursuant to this Section shall be measured with a sound
level meter as a Leg (average sound level) for a minimum period of time of 30 seconds.
(2). Sound Level Limits. No person shall generate or cause to be generated from
any source, sound which, when measured in accordance with the requirements of
subsection (d) of this section, exceeds:
(a). 60 dBA or 65 dBC if the generating land is a residential property during
the hours between 7:00 a.m. and 10:00 p.m. measured 50 feet from the
exterior building wall of sound source, or from the sound source if outdoors.
(b). 55 dBA or 60 dBC if the generating land is a residential property during
the hours between 10:00 p.m. and 7:00 a.m. measured 50 feet from the
exterior building wall of sound source, or from the sound source if outdoors.
(c). 75 dBA or 80 dBC if the generating land is a commercial area use
during the hours between 7:00 a.m. and 10:00 p.m. Sunday through Thursday
and 7:00 a.m. and 11:00 p.m. Friday and Saturday. measured 50 feet from
the exterior building wall of sound source, or from the sound source if
outdoors.
26 1 P a g e
(d). 70 dBA or 75 dBC if the generating land is a commercial use during the
hours between 10:00 p.m. and 7:00 a.m. Sunday through Thursday and 11:00
p.m. and 7:00 a.m. Friday and Saturday measured 50 feet from the exterior
building wall of sound source, or from the sound source if outdoors.
(e). 80 dBA or 85 dBC if the generating land is an industrial use during
the hours between 7:00 a.m. and 10:00 p.m. measured 50 feet from the
exterior building wall of sound source, or from the sound source if outdoor.
(f). 75 dBA or 80 dBC if the generating land is an industrial use during the
hours between 10:00 p.m. and 7:00 a.m. measured 50 feet from the exterior
building wall of sound source, or from the sound source if outdoors.
(3). Correction for character of sound. For any source of sound which emits a
continuous tone sound, the maximum sound level limits set forth in subsection (2)(b) shall
be reduced by 5 dBA or 5 dBC. For any source of sound which is of short duration and is
nonrepetitive, the maximum sound level limits set forth in subsection (2)(b) shall be
increased by 5 dBA or 5 dBC from 7:00 a.m. to 10:00 p.m.
(4). Correction for ambient noise sound. Corrections for ambient noise sound
should be made in accordance with applicable ASTM standards.
(5). Methods of measurements.
(a). The measurement of sound shall be made with a decibel or a sound
level meter operating on the "A" or "C" -weighted scale of any standard design
and quality meeting the standards prescribed by the American National
Standards Association. The instruments shall be maintained in calibration and
good working order. Measurements recorded shall be taken so as to provide
a proper representation of the sound source. The microphone used during
27 1 P g e
measurement shall be positioned so as to not to create any unnatural
enhancement or diminution of the measured sound. A wind -screen for the
microphone should be used when required. Traffic, aircraft, and other
background ambient sounds shall not be considered in taking measurements
except where such ambient sound interferes with the primary noise being
measured.
(b). If measuring at a receiving properly and if the receiving property is an
agricultural area the measurement shall be made within 30 feet of a receiving
occupied structure or facility approximately 5 feet above ground.
(c). If measuring at a receiving property and for all other properties, the
measurement shall be made within the boundary of the receiving propertV as
appropriate approximately 5 feet above ground.
(d). Acoustical measurements should be made in general conformance
with ASTM Standard El 503-06 (or most recent) Standard Test Method for
Conducting Outdoor Sound Measurements Using a Digital Statistical Sound
Analysis System or ANSI Standard S1.13, Measurement of Sound Pressure
Levels in Air, with regard to addressing issues such as measurement
equipment, equipment interferences, calibration of the equipment, and
measurement procedures..
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321 PC. g
See. 38-67. - Noise disturbance prohibited.
(1). It is prohibited and unlawful to No peFSGR make or continue or cause to
be made or continue any noise disturbance as defiRed OR this AFtiGle.
(2). The standards to be considered in determining whether a violation of
Subsection (1) of this Section exists must include, but shall not be limited to, consideration
of one or more of the following factors:
(a). The volume of the noise.
(b). The intensity of the noise.
(c). Whether the nature of the noise is usual or unusual with regard to
the use.
(d). The volume and intensity of the ambient noise sound, if any.
(e). The proximity of the noise to residential uses where people are
sleeping during the hours of 9:00 p.m. through 8:00 a.m.
(f). The nature and zoning district(s) assigned to the area from which the
noise emanates.
(g). The nature and zoning of the receiving land.
(h). The time of the day or night the noise occurs.
(i). The duration of the noise.
(3). The occurrence of the conditions, acts or omissions as described as
prohibited in this Section shall constitute a violation and the reguirements in any one of
said conditions may stand alone to support a finding of quilt or that a violation exists or
331 P a g e
has occurred. Measurements described in subsection (2) shall constitute prima facie
evidence of a violation of this Ordinance. However, neither sound measurements
exceeding maximum permissible sound levels as provided herein nor any other type of
sound measurement are necessary to prove a violation this Section if evidence exists
sufficient to establish that the sound constitutes a noise disturbance pursuant to the
applicable standard of proof.
(4). Persons affected include residents, passersby, or code enforcement
officials, law enforcement officials, or others who may be reasonably disturbed by
excessive noise in the general conduct of their affairs.
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Noise Violation Based on Sound Level Meters.
(1). Enforcement of this Ordinance does not require the use of a sound level
meter to determine compliance. However, when a sound level meter is used to determine
sound levels pursuant to this Ordinance, the standards, instrumentation, personnel,
measurement procedures, and reporting procedures shall be asspecified in this section,
and all terminology not defined in this section shall be in conformance with the ANSI.
341 P a g e
(2). Sound level measurement shall be made with a sound level meter using the
A -weighted or C -weighted scale which shall be set on slow response as technically
appropriate.
(3). Sound level meters shall be serviced, calibrated, and operated as
recommended by the manufacturer and in accordance with regulations prescribed by the
Police Department. Persons using the sound level meter shall be trained in sound level
measurement and the operation of sound level measuring equipment.
(4). Sound level measurements shall be made 50 feet from the exterior building
wall of sound source, or from the sound source if outdoors. fFoFn within the boundap,,
(5) Except with regard to traffic noise and noise from other sources not
connected with the sound being measured which shall not be considered in taking sound
level measurements, the sound level measurement shall be averaged over a period of at
least 30 seconds for purposes of determining the sound level. Sound levels may not
exceed the prescribed level by more than 3 decibels or equivalent measurement at any
time during the measurement period.
(6). During sound level measurement, the microphone shall not be positioned
so as to create any unnatural enhancement of the measured sound. A windscreen shall
be used when technically appropriate.
351 Page
(7). In the case of noise that is impulsive or not continuous, the sound level
measurement shall be taken over a period of time of at least 1 minute. Any such sound
or noise that exceeds the prescribed level more than 2 times in a minute shall be deemed
to exceed the prescribed sound levels.
(8). If an officer does not have possession of a sound level meter at the time of
responding to a noise complaint, sound level measurements for the purpose of
determining violations of this Ordinance may not be taken using any other device,
including, but not limited to, applications on cellular devices or any hand-held personal
sound level meters obtained from any other source. The officer shall instead proceed
under the other sections of this Ordinance in order to determine whether a noise
disturbance is occurring.
Noise Violations Based On Plainly Audible Standard.
(1). It is prohibited and unlawful to cause a noise disturbance.
(2). Noise determined to be a noise disturbance may be confirmed by a law
enforcement officer or code enforcement officer when the noise disturbance is plainly
audible without using a sound level meter when the officer actually witnesses the sound
or noise personally; provided, however, that the plainly audible standard may be used
only when the generating property and the receiving property are used for residential
purposes.
(3). Citations may be issued based upon statements and evidence obtained
from complaining witnesses when the officer determines that such evidence is reliable,
appropriate, and sufficient.
36 1 P a g e-
(4). Although it is preferable for officer's to use a sound level meter as
their primary means of detection, when in the field in many circumstances, the
officer's normal hearing faculties will need to be the means of detection, provided
the officer's hearing is not enhanced by any mechanical or medical device, such
as a hearing aid, and in such circumstances, the following Subsections shall be
applicable and the law enforcement officer or code enforcement officer shall
assess the noise by measuring the distance from the Property line or right-of-way
line of the source of the noise according to the following standards, factors and
considerations:
(a). The investigating officer shall have a direct line of sight and hearing
to the real property that is the source of the noise in order that the officer
can identify the offending source of such noise and the distance involved.
(b). The volume of the noise.
(c). The intensity of the noise.
(d). Whether the nature of the noise is usual or unusual.
(e). Whether the origin of the noise is natural or unnatural.
The volume and intensity of the background noise, if any.
(q). The proximily of the noise to residential sleeping facilities.
(h). The nature and zoning of the area from which the noise emanates.
(i).The density of the inhabitation of the area from which the noise
emanates.
(i). The time of the day or night the noise occurs.
W. The duration of the noise.
371 P a g e
(1). Statements of any complaining witnesses, including any pictures or
audio/video documentation produced by complaining witnesses.
(m). Whether the noise is recurrent, impulsive, intermittent, or constant.
Warnings Issued.
(1). When a law enforcement officer or code enforcement officer determines that
there is a violation of the noise level limits contained therein, the officer shall issue a
warning to the person or persons responsible for the noise. The warning shall advise the
person or persons of the violation of the allowable noise limits, and of the possible penalty
if they fail to reduce or eliminate the noise to such allowable limits. The officer shall
document the warning in writing, recording the date, time, property address, and name or
identity of the person given the warning.
(2). After the person or persons responsible for the noise are given such
warning, a reasonable time to comply with the warning shall be given. A reasonable time
shall generally be deemed immediately or so long as it would take a reasonably diligent
person to reduce the noise level, but shall not exceed 5 minutes.
(3). If the noise level is not reduced or eliminated to allowable limits within the
reasonable time after the warning was given, or if the person or persons so warned
comply with the warning, but violate this Section again within 30 minutes of the first
warning, the person or persons so warned and not complying shall be subject to the
penalties and legal remedies as set forth in this Ordinances.
I T le I�Idlrel
381 Pa g e
Sec. 38-72. - Sound Permits equipment and sound amplify" - . . . DRt.
(1). A sound permit must be obtained in advance for any activity where the
sound level proposed to be produced exceeds or should be reasonably expected to
exceed the sound level limits or time limits set out in this Ordinance on any other property.
(2). Any application for a permit under this Section shall be submitted, together
with the application fee established by resolution adopted by the City Commission, to the
Police Department at least 5 City business days in advance of the planned use, except
for a necessary activity.
(3). The application shall designate a responsible person who shall be in control
of the sound producing or sound amplification equipment or the contact person for the
event, and who will ensure that the equipment or event complies with the terms of the
permit.
(4). The Chief of Police or his/her designee shall have the ability to alter the
times allowable under the permit and the acceptable sound levels allowed upon issuance
of a permit. Except in the case of necessary activities, the Chief of Police shall not extend
the allowable time limit fora prohibited or excepted activity by more than 1 hour, or
increase the allowable sound level for any activity by more than 10 decibels over the
sound level limits otherwise allowed in this Ordinance.
(5). In the City Manager's discretion and after a requested consultation by the
Chief of Police or his/her designee, the City Manager may alter the allowable time limit
for a prohibited or excepted activity by no more than 1 hour, or increase the allowable
sound level for any activity by no more than 10 decibels over the sound level limits
otherwise allowed in this Ordinance.
(6). No more than thirty 30 days of events, consecutive or otherwise, may be
applied for using any single permit.
(7). If multiple events are applied for using the same permit, in no case shall the
time allowed between the first event on the permit and the last event on the permit be
more than 1 calendar year.
(8). The following criteria shall be considered in the determination of whether to
grant or deny an application for a noise permit:
(a). The use and activities Permitted by the zoning district/classification
assigned to the Property and the abutting and proximate properties:
(b) The intensity of sound levels regularly produced by activities and
devices in such areas;
(c). The time at which the sound amplification will occur;
(d). The duration of the requested amplification;
(e). The proximity of the reguested activity to commercial buildings and
residential dwellings, and the density of the surrounding commercial and
residential areas;
(f). The history of verified complaints generated by previous activities
similar in nature and context;
(g). The history of noise complaints against the applicant from adjoining
or neighboring properties;
40 1 P a g e
(h). Whether the sounds produced by such devices and activities are
plainly audible, recurrent, intermittent, impulsive, or constant;
Failure to complete the application properly; and
(i). The necessity of the requested amplification.
(2). If an applicant is denied a permit under this Section, the reasons for denial
shall be set forth in a denial development order consistent with the provisions of Section
166.033, Florida Statutes.
(3). If an applicant believes the denial is improper for any reason, the applicant
may appeal the denial to a special magistrate by submitting the appeal fee established
by resolution of the City Commission together with a complete statement of the reasons
asserted for entitlement to a permit, which appeal shall be filed with the City Clerk.
(4). The special magistrate shall hold a hearing on the appeal within 30 days of
the perfection of the appeal and shall render a written decision within 15 days of the
hearing. The decision shall be final and appealable to the Circuit Court in accordance with
appellate time requirements and other controlling law.
(5). A violation of any provision of this Ordinance may be the basis for
revocation of any permit, which decision shall be appealable in accordance with the
procedures of this Section relating to denials.
411 P a g e
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471 P age
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OffiGer shall retain the tape reGGrded FeGGFd of the heaFiRg URtil the appeal
has beeR aGted UPOR by the City GommissioR,
(G). A d I I ,t and appeah FeF the purpose of the reVC)Gat*eR heaFing
the defiRitiGR of "adverse impaGV is the same as set fE)Fth iR this GhapteF iR
SeGtiOR 39 81. The Fight te appeal and the appeal PFGGes-_ shall be set forth
iR this Ghapter iR SeGtiOnS 38 82 and 38 83.
Sec. 38-73. - Motor Vehicle Racing MotoF*-ed veh*Gles.
(1). Every Fneter vehiGle shall at all times be equipped with a muffieF iR good
woFking order and iR GGnstant apeFation to prevent e uRu6wal noise. NE) peFs
shall use a muffleF GUtGut, bypass, eF similar deviGe urp-GR a rnotE)F vehiGle C)R a highway.
(2). No per-soR shall Modify the exhaust system of a motoF vehiGle OF FnGtGFGY
by iRstallation of a FnuffleF GUtOUt or bypass, and RE) person shall opeFate a rnotGr vehiGle
OF MGtGFGYG!e whiGh has been 69 modified. A mc)tGF vehiGle se operated shall be deemed
I . I 1 1 with a muffleF whiGh emits eXGess;ve and URusual neise and WhiGh is not in
geed wGrking erdeF.
(3)-. It is prohibited and unlawful for a N-9 person to shag operate a motor
FeGFeatiE) vehicle or permit the operation of one or more motor reGFeatiE)nal 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 or 78
dBC for any total of three minutes in any continuous one-hour period or exceeds 90 dBA
or 95 dBC for any period of time during such operation. Sound levels which exceed the
limits described in this Subsection at the real property boundary of the receiving land use
shall be deemed a noise disturbance.
491 P a g e
(2). k4. Notwithstanding Section 38-66 of #is -Article, no person shall permit
the conducting of any part of an organized racing event which involves a contest between
or among motor FeGreational vehicles on public or private property between the hours of
10:30 p.m. and 10:00 a.m. the following morning.
Sec. 38-74. — Construction; hours of operation; exception; permit.
(1). It is prohibited and unlawful for a No person to shaft operate or permit the
operation of any tools or equipment in construction, drilling, or demolition work of any type
or nature, except emergency work, between — ii., ,, — entive rAainteRanGe work for pub!iG-
(a). BetweeR the hours of 10:00 p.m. and 7:00 a.m. except as set forth in
MW An' VfWkV'.M
(2). Upon application to the Administrative Official, a contractor may be approved
to exceed the time limitations set forth in this Section which approval shall be in
the form of a permit that shall set forth the days which the time limits may be
exceeded, the time frame in which the time limits ma V be exceeded and the
duration of the permit. The approval shall be based upon the applicant
50
1e age
demonstrating by clear and convincing evidence that the public health, safety and
welfare will not be materially harmed, there are bona fide construction
requirements which support the time limits being exceeded and the economic
benefit to the City that would result from the time limits being exceeded. Such
permit shall provide for immediate revocation and a consent to an immediate code
enforcement fine upon continuation of work outside of the required time limits after
the revocation of a permit.
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Sec. 38-77. - Enforcement.
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Sec. 38-84. — Penalty; Code Enforcement Remedies And Powers; Evidence And
Contraband; Special Magistrate Proceedings; Noise Disturbances; Hearings and
Orders; Liability.3
(1). It is prohibited and unlawful to violate any provision of this Ordinance. The
law enforcement and code enforcement personnel of the City shall enforce the provisions
of this Ordinance and may use any and all lawful powers, authoritiesprocesses and
procedures in taking actions to implement and enforce the provisions of this Ordinance.
(2). The sound equipment or any component thereof that is being utilized in the
course of a violation of this Ordinance may be impounded by the City as contraband and
evidence pending the resolution of any violation charged.
3 The City, of course, is vested with home rule powers as set forth in Article VIII, Section (2)(b) of the
Constitution of the State of Florida and Section 166.021, Florida Statutes. Those home rule powers are typically
implemented by means of the enactment of an ordinance by the local governing body, which, in the case of the City,
is the City Council. The home rule powers of the City are broad, but are not unlimited.
In Thomas v. State, 614 So. 2d 468, 470 (Fla. 1993), the Florida Supreme Court clearly noted that
"[m]unicipal ordinances are inferior to laws of the state and must not conflict with any controlling provision of a
statute." Thus, the City may not prohibit what the State has permitted, permit what the State has prohibited, criminalize
that conduct which the State has decriminalized, enact ordinances in areas preempted by the State, or impose a penalty
in excess of a penalty imposed or permitted by State law. A City ordinance may prohibit the same conduct prohibited
by State law and, indeed, in the case of Jaramillo v. City of Homestead, 322 So. 2d 496 (Fla. 1975), the Florida
Supreme Court determined that a local government may adopt criminal or penal statutes by reference in the enactment
of an ordinance. That being said, however, the penalties associated with a City ordinance are as prescribed by State
law.
In Section 775.08, Florida Statutes, the Florida Legislature has specifically classified and defined the various
types of offenses. That Section, in essence, defines four (4) terms which are:
M. felony;
(2). misdemeanor;
(3). noncriminal violation; and
(4). crime.
Subsection (4) of Section 775.08, Florida Statutes, provides that "[t]he term `crime' shall mean a felony or
misdemeanor." Subsection (1) defines "felony" and Subsection (2) defines the term "misdemeanor". It is clear that
violation of City ordinances are not felonies and Subsection (2) states specifically that "[t]he term `misdemeanor' shall
not mean a conviction for ... any municipal or county ordinance." Subsection (3) defines the term "noncriminal
violation" and also provides that a noncriminal violation "... shall not mean any conviction for any conviction for any
violation of any municipal or county ordinance." Thus, in sum, the violation of a City ordinance is neither a crime
nor a noncriminal violation.
Violation of a City ordinance is, thus, best classified as precisely what it is - "violation of a City ordinance."
The maximum penalty for violation of a City ordinance (outside of the code enforcement board/special
magistrate or hearing officer process or a State law) is confinement for sixty (60) days and a fine of $500.00.
58(Pc
(3). Any person who fails to perform an act required by the provision of this
AFtiGle, or who commits an act prohibited by the provisions of this AFtiGle, shall be gWty
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provided, however, if the matter is brought before a hearing officer or presented to the
Warning notices may be given to violators when such warnings are determined by law
enforcement or code enforcement personnel to be effectual.
(4). The City shall order an immediate halt to any sound which exposes any
person to an immediate threat of a continuous sound level in violation of this Ordinance.
It is prohibited and unlawful to fail to abate the sound within a reasonable length of time
following issuance of such an order. No order under this Subsection may be issued if the
only person or persons exposed to the violative sound levels as a result of trespass,
invitation upon private property by the person causing or permitting the sound, or
employment by the emitter of the sound. Any person subject to an shall comply with such
order until the sound is brought into compliance with the order as determined by the City
or a iudicial order has superseded such order.
(5). In addition to the specific remedies set forth in this Ordinance, the City may
pursue any and all remedies available to the City under controlling law in any forum or
process available to the City.
(6). Notwithstanding the generality of the provisions of Section 26-36 (b) relating
to code enforcement matters being presented to the City's Special Magistrate; the Special
Magistrate shall have authority to hear cases relative to noise disturbances as set forth in
this Ordinance. In accordance with the provisions of Section 26-36 the City may bring
591 Patr g e
cases before the City's Special Magistrate alleging that a noise disturbance, as defined
in Section 38-61 and prohibited in Section 38-63, is occurring on a parcel of property. All
provisions of Section 26-36 shall be applicable to Special Magistrate proceedings relating
to noise disturbance; provided, however, that the effect of any order of the Special
Magistrate finding a noise disturbance to have occurred on a parcel of property shall
include provisions which provide that:
(a). The property shall not be deemed in compliance until it has been free
of any noise violations for a period of 30 days.
(b). No development permits or development orders will be issued, and
no applications therefor accepted, while a property is in a state of violation.
(7). Penalties for violations of this Ordinance may be assessed against persons
responsible for either the premises or the sound source. All persons responsible for either
the premises or the sound source who are actively or constructively present at the time
of the violation shall be listed on the same citation, and shall be iointly and severally
responsible for any such violation. An absentee owner shall be responsible for any actions
by tenants, guests, or other licensees that constitute third or subsequent violations of this
Ordinance. No absentee owner shall be liable unless such owner has already been
notified of first or previous violations of the Ordinance, and further provided that such first
or previous violations shall have occurred within the previous 12 -month period. Notice of
any first or previous violations pursuant to this Subsection shall be affected by registered
or certified mail. The person responsible for any premises shall be responsible and liable
for any violations of this Ordinance by tenants, quests, or licensees on the premises if the
person responsible is actively or constructively present at the time of the violation. Any
person responsible for causing a violation of this Ordinance on or at any commercial
establishment shall be liable for any remedy which may be imposed by this Ordinance.
Any person in charge of, and physically present, at any commercial establishment shall
also be liable for any remedy which may be imposed by this Ordinance. It is no defense
to liability of the person in charge of a commercial establishment that a violation of this
Ordinance was caused by a tenant, quest, invitee, permittee, or licensee.
Section 3. Revisions To Chapter 90, City Code; Special Events. The
provisions of Section 90-4 and Section 90-5, Chapter 90 of the Code of Ordinances of
the City of Sanford, Florida are amended to read as follows:
Sec. 90-4. - Limitations on issuance of permit.
The issuance of special event permits shall be subject to the following limited as fellows:
(1) Persons actively engaged in a licensed business and maintaining a physical
business location within the City may be issued permits for special events located on the
premises of the business or entity or off -premises. Evidence of a permanent physical
business location must be provided to the City at the time of application. Notwithstanding
the foregoing, businesses which have a bona fide post office address for a City -assigned
zip code may be granted special event permits if the event requiring such permit relates
to an area at which the special event will occur located at a regional shopping mall that
has been approved as a development of regional impact.
(2) Bona fide charitable, fraternal, educational, governmental, civic, cultural and
religious organizations with offices or houses of worship located within the City may be
issued permits for special events located on the premises of the organization or off -
premises. Evidence of a permanent physical office or location must be provided to the
City at the time of application.
611 Page
(3) No special event permit will be issued for the temporary sale, promotion, display or
show of any merchandise, including but not limited to automobiles, boats, recreational
vehicles, furniture or flowers or seasonal sales, to a business or person with a permanent
business address which is not located within the City. The provisions of this chapter shall
not be construed to deter or interfere with any business or entity from engaging in
commerce within the City or from obtaining special event permits once so located.
(4) In order for a business or organization to be granted a special event permit at an
off -premises location, it must prove to the City with an appropriate binding document
executed by the owner of the off -premises real property that the permit applicant has
authority to use the subject real property for the entire duration of the special event permit.
(5) A noise permit, as required by this Ordinance, may be issued in association with
an application for a special event permit.
Sec. 90-6. - Application for permit.
Applicants for a special event permit shall file a written application for a permit with the
director of parks and recreation for review no less than 60 days in advance of the planned
event on application forms provided by the City. Applicants must submit a list of all
subcontractors, vendors, and food and beverage dispensers that will be associated with
the event to the City licensing official. Insurance is required, with the City named as co-
insured as approved by the City's risk management office, for all special events and
rentals of City facilities in accordance with the requirements of the City's risk management
officer. Also, applicants who request a noise permit in association with an application shall
provide all information and data necessary to consider the issuance of such permit.
621 P a g e
Section 4. Implementing Administrative Actions.
Without in any way limiting any provision of this Ordinance, the City Manager, or
designee, is hereby authorized to take all necessary actions relative to implementing the
provisions of this Ordinance.
Section 5. Conflicts.
All ordinances or part of ordinances in conflict with this Ordinance are hereby
repealed.
Section 6. Severability.
If any section, sentence, phrase, word, or portion of this Ordinance is determined
to be invalid, unlawful or unconstitutional, said determination shall not be held to invalidate
or impair the validity, force or effect of any other section, sentence, phrase, word, or
portion of this Ordinance not otherwise determined to be invalid, unlawful, or
unconstitutional.
Section 7. Savings.
The prior actions of the City of Sanford in terms of the matters relating to any and
all actions and activities of the City pertaining to the regulation of noise and code
enforcement activities relating to prohibited noise, or any related or associated matters,
are hereby ratified and affirmed.
Section 8. Codification; Scrivener's Errors.
(a). Section 2 and Section 3 of this Ordinance shall be codified and all other
sections shall not be codified.
(b). The sections, divisions and provisions of this Ordinance may be
renumbered or re -lettered as deemed appropriate by the Code codifier.
(c). Typographical errors and other matters of a similar nature that do not affect
the intent of this Ordinance, as determined by the City Clerk and City Attorney, may be
corrected with the endorsement of the City Manager, or designee, without the need for a
public hearing.
Section 9. Effective Date.
This Ordinance shall become effective immediately upon enactment.
Passed and adopted this 25th day of January, 2021.
Attest:
Traci Houchin, City Clerk, MMC, F
Approved as to form and legal s
liam L. Colbert City Attorney
City Commksslon o the City of
Sanford, FlorjdA, 11
641 Page
Ir-
CITY COMMISSION MEMORANDUM 21.021
JANUARY 11, 2021 AGENDA
To: Honorable Mayor and Members of the City Commission
WS RM X
Item No.
PREPARED BY: Anthony Raimondo, Deputy Chief of Police
Darrel Presley, Executive Director 10 , nt Services
SUBMITTED BY: Norton N. Bonaparte, Jr., City anager
SUBJECT: Ordinance Modifications To CityCo elating To Noise.
STRATEGIC PRIORITIES: 7
Unify Downtown & the Waterfront
Promote the City's Distinct Culture
Z Update Regulatory Framework
F] Redevelop and Revitalize Disadvantaged Communities
SYNOPSIS:
The City Commission is requested to approve an ordinance modifying the provisions of the City Code
relating to the regulation of noise.
FISCAL/STAFFING STATEMENT:
The City will continue to enforce the City Code using available remedies and there is no substantial fiscal
impact that should arise from revisions relating to noise regulation.
Outdoor noise is becoming a main concern in many communities and the City of Sanford is no exception
in that regard. Areas zoned for industrial, commercial and residential use are moving closer and closer
to one another particularly in areas such as Seminole County where much development is either infill
development or redevelopment. This close proximity of uses results in noise complaints between
neighbors.
Good, reasonable and legally enforceable noise regulations and clear community expectations protect
the health and quality of life of citizens. Poorly designed, unenforceable, or unenforced noise regulations
lead to conflicts between neighboring uses and frustrate those charged with code enforcement or law
enforcement.
As a result of these challenged, many local governments are developing or revising their noise
ordinances. Noise ordinances are laws which limit the allowable noise levels at different times of day
for different zoned areas (i.e. residential, commercial, industrial). The maximum allowable noise levels
are typically higher during daytime hours and lower during nighttime hours. Some noise ordinances can
be vague and open for interpretation without specific sound levels noted while others are very specific
and call out specific sound levels and daytimes.
When there is a violation of a noise ordinance, it is typically reported to the police enforcement agency.
This will be followed by a site visit, recording of sound levels and based on the findings, charges or
violations may be asserted and result in fines and or corrective action by the owner or occupant of the
property from which the noise has generated.
City staff has worked diligently with Mayor Woodruff, members of the Sanford community and the City
Attorney's office to evaluate the City's current City Code provisions in order to determine what changes
should be made to make the City's noise regulations more enforceable, understandable and
accommodating to the diverse interests of the City's residents and business owners. Many ordinances
and codes from many other jurisdictions were evaluated. The City was not alone in such an effort. For
example, the Noise Pollution Clearinghouse of Montpelier, Vermont, published in June, 2016 a study
entitled "Preliminary Results of an Analysis of 491 Community Noise Ordinances" written by Leslie D.
Blomberg. The regulatory tools and techniques analyzed included decibel -based standards, plainly
audible standards, nuisance standards, quiet zones and restrictions based on zoning, setbacks, time -of -
day regulations, and bans (prohibitions).
The primary features of the ordinance modifications follow:
(1). Sound measurements made on A and C weighted filters are expressed in not only
dBA (the sound level meter applies to the mid-range frequencies), but, also, dBC (the
sound level meter that measures low and high frequencies). The A -weighted sound level
discriminates against low frequencies, in a manner similar to the response of the ear. In
this setting, the meter primarily measures in the 500 to 10,000 Hz range. The C -weighted
sound level does not discriminate against low frequencies and measures uniformly over
the frequency range of 30 to 10,000 Hz. This weighting scale is useful for monitoring
sources such as engines, explosions, and machinery. The sound levels measured with
these two weightings have units of "dBA" and "dBC", respectively.
(2). A "plainly audible" standard is added which relates only to cases when both the
generating property and the receiving property of the noise are in a residential use.
(3). There are no longer higher levels for entertainment district or for outdoor
entertainment.
(4). The measurement standard for commercial uses is 50 feet from the source which
is the speaker if outside or the exterior wall if the speaker is inside.
(5). The rule that all exterior doors of structures located within the entertainment
district must be closed when music is being played therein except for regular pedestrian
traffic is eliminated.
(6). The ordinance provides, as is current practice, that noise permits will be issued in
conjunction with special event permits.
21 'P ..
LEGAL„ REviEw:
Assistance has been provided by, and this matter has been reviewed by, the office of the City Attorney.
The City Commission approved the first reading of Ordinance No. 4582 on January 11, 2021.
The City Clerk published notice of the 2nd Public Hearing in the Sanford Herald on January 24, 2021.
RECOMMENDATION:
City staff recommends that the City Commission adopt Ordinance No. 2021-4582.
SUGGESTED MOTION:
"I move to adopt Ordinance No. 2021-4582."
Attachment: Ordinance 2021-4582
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