4685 Amendment to the Noise OrdinanceOrdinance No. 2022-4685
An Ordinance of the City of Sanford, Florida relating to noise
regulation and amending Subsection 38-68 (2) and Subsection 38-76
(2), Chapter 38, Article III, of the Code of Ordinances of the City of
Sanford, Florida; 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; providing for codification and scrivener's errors
and providing for an effective date.
Whereas, the City Commission of the City of Sanford hereby adopts, ratified
and affirms the legislative findings and intent of Ordinance Number 4582 enacted on
January 25, 2021; 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 Vill, 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 strike threug
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
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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
Subsection 38-68 (2), and Subsection 38-76 (2), Chapter 38, Article III, Code of
Ordinances of the City of Sanford, Florida, are amended to read as follows:
Sec. 38-68. - Maximum noise levels established.
(1). *****
(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 (5) (d) of this section, exceeds:
Lam* imm tho axcEnrhnr- hi-drUnn woll a -niingi ant -ran nr imm th
(d). 70 60 dBA or -7-5 70 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.
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(e). 80 75 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). *****
Sec. 38-76. - Noise violations based on plainly audible standard.
(1). *****
(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
Section 3. 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 4. Conflicts.
All ordinances or part of ordinances in conflict with this Ordinance are hereby
repealed.
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Section 5. 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 6. 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 7. Codification; Scrivener's Errors.
(a). Section 2 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 8. Effective Date.
This Ordinance shall become effective immediately upon enactment.
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Passed and adopted this 25th day of April, 2022.
Attest:
Traci Houchin, MMC, FCRM
City Clerk
Approved as to form
and legal sufficiency.
City Attorney
City Commission
Sanford
of the
City
MJI
51 F-I --,i g e
�yFORD,
FLORIDA
CITY COMMISSION MEMORANDUM 22-118
APRIL 25,2022 AGENDA
To: Honorable Mayor and Members of the City Commission
PREPARED BY: Anthony Raimondo, Development Services Di
SUBMITTED BY: Norton N. Bonaparte, Jr., lCMA-CM, City�
SUBJECT: Amendments to City Code Relating to Noise C
STRATEGIC PRIORITIES: I'll
Z Unify Downtown & the Waterfront
Z Promote the City's Distinct Culture
Z Update Regulatory Framework
❑ Redevelop and Revitalize Disadvantaged Communities
SYNOPSIS:
WS RM X
Item No. 7. C.
No. 4685.
Approve to adopt Ordinance No. 4685 on modifying the provisions of the City Code relating to the
regulation of noise is requested.
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 City Code revisions relating to noise regulation.
BACKGROUND:
Noise is a pervasive concern in many communities and the City is no exception in that regard. 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. The regulation of outdoor noise is a matter of ongoing discussion among City officials,
City staff and, most importantly, the citizens of the City. Sound administrative practice is to continually
review regulations and consider revisions as public concerns and enforcement issues develop.
The City Commission last took legislative action relative to noise regulation by enacting Ordinance No.
4582 on January 25, 2021 when the City Commission substantially revised the City Code provisions
pertaining to noise regulation. Experience since that time resulted in discussions as to various issues
which culminated in a number of proposed amendments to the City Code.
The items which were the subject of significant discussion and the discussions which resulted in the
amendments proposed in Ordinance No. 4685 are summarized as follows:
(1). Special event noise levels were not reduced. They remain the same.
(2). Acts which are prohibited are unchanged.
(3). Decibel levels were lowered to conform with the County Code and times were not
extended to 11:00 p.m. This change is effectuated in Ordinance No. 4685.
(4). The plainly audible standard was retained and is now applicable to all properties.
This change is effectuated in Ordinance No. 4685.
(5). Sound permits will not be eliminated and the Police Department will continue to
be the permitting authority.
LEGAL RF—viFw:
Assistance has been provided by, and this matter has been reviewed by, the Assistant City Attorney who
prepared Ordinance No. 4685. Legal analysis resulted in recommending that sound permits be treated as
a development permit and not be issued by the Police Department which recommendation was rejected.
The City Commission approved Ordinance No. 4685, on the first reading on March 28, 2022.
The City Clerk published notice of the 2nd Public Hearing in the Sanford Herald on April 3, 2022.
The City Commission moved to continue the 2 d Public Hearing of Ordinance No. 4685 on April 11,
2022.
RECOMMENDATION:
City staff recommends the City Commission adopt Ordinance No. 4685.
SUGGESTED MOTION:
"I move to adopt Ordinance No. 4685."
Attachment: Ordinance No. 4685
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