Ord 27-12UE-D NANC E NU. V -12
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING
CHAPTER 99 "NOISE CONTROL" OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH,
FLORIDA, BY REPEALING CHAPTER 99 "NOISE
CONTROL" IN ITS ENTIRETY, ENACTING A NEW
CHAPTER 99, "NOISE CONTROL" PROVIDING FOR THE
CONTROL OF SOUND ORIGINATING WITHIN THE CITY
OF DELRAY BEACH IN ITS PLACE, AND PROVIDING A
SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND
AN EFFECTIVE DATE.
WHEREAS, excessive sotuld is a serious hazard to the public health and welfare, safety and
the quality of life; and,
WHEREAS, the people have a right to and should be ensured an environment free from
unreasonably excessive sound as would jeopardize the health safety and welfare or safety or degrade
the quality of life; and,
WHEREAS, the City Commission of the City of Delray Beach desires to prevent such
unreasonably excessive sound as would jeopardize the health safety and welfare or safety or degrade
the quality of life; and,
WHEREAS, the City Commission of the City of Delray Beach desires to amend current
Noise Control provisions of its Code of Ordinances to comport with recent changes to the law.
WHEREAS, the City of Delray Beach has the authority to prohibit sounds that are
unreasonably loud, excessive, or unnecessary or plainly audible at a certain distance. See DA
Mortgage, Inc v. City of Miami Beach, 486 F.3d 1254, 1272 (11th Cit. 2007).
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the recitations set forth above are incorporated herein.
Section 2. That Chapter 99 "Noise Control" shall be amended by repealing it in its
entirety, and enacting a new Chapter 99 "Noise Control" as follows:
Sec. 99.01. - SCOPE.
This Chapter shall apply to the control of all sound and vibration originating within
the limits of the City.
Sec. 99.02. - DEFINITIONS.
The following words, terms and Phrases, when used in this article, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a
different ineanin .
Amp4i�cation device. Any instrument, machine, or system, which by electronic means
augments sound by increasing the sound level or volume.
Amp ffized sound. Sound augmented by any electronic means that increases the sound
level or volume.
Commercial area. For purposes of this ordinance only, commercial area shall include all
nonresidential and nonindustrial zoning districts:
(1) Neighborhood Commercial (NCB;
(2) Planned Commercial (PC);
(3) General Commercial (GC-
(4) Automotive Commercial (ACI:
(51 Central Business District (CBD);
(6) Central Business District —Rail Corridor (CBD -RC);
C7) Residential Office (RO)-,
(8) Old School Square Historic Acts District (OSSHAD).
(9) Professional Office District (POD);
(10) Planned Office Center (POQ.;
(11) Special Activities District (SAD). and
(12) Resort /Tourism (RTC
(13) Mixed Residential, Office and Commercial District (MROQ
Industrial area. All that area located in the following zoning districts:
(1) Light Industrial U,
(2) Mixed Industrial and Commercial OBC):
(3) Industrial W, and
(4) Planned Commerce Center (PCC).
Offense. A notice of violation that has not been apyealed timely or a finding of
violation by a special master following the appeal of a violation.
One &L A 24 -hour period from noon to noon.
Premises. AM real or parcel of land, including the buildings,, structures or
ORD. NO. 27 -12
other improvements thereon.
Residential area. For purposes of this chapter only, residential area shall include the
following zoning districts:
(1) R -1 -AAA:
(2) R -1- AAA -B:
(3) R -1 -AA:
(4) R- 1 -AA -B:
(5) R -1 -A:
(6� R- 1 -A -B:
7 RM•
8
RR;
(9) A:
(10) PRD,
(11) MH:
12 RL-
(13) Community Facilities
(14 )012en Space (OS);
(15) Open Space & Recreation (OSR): and
(16) Conservation District (CDC
Violator. A person or entity determined or cited by a code inspector as being in
violation of the provisions of this article.
Sec. 99.03. - LOUD AND UNNECESSARY NOISES PROHIBITED.
It shall be unlawfiil for any person to make, continue or cause to be made or
continued any unreasonably loud, excessive, or unnecessary noise.
!A) Certain Acts Declared Unlau!�ul The following acts, and the causing thereof,
among others, are declared to be unreasonably loud, excessive, or unnecessary noises and in
violation of this Chapter:
(1) Radios, televisions, musical instruments, etc Using, operating, or permitting
to be played, used or operated any radio receiving set, television set, musical
instrument, sound amplifier or other machine or device for the producing or
reproducing of sound in such 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 hearing for the person or persons who are in the room, vehicle or
chamber in which such machine or device is operated and who are voluntary
listeners thereto.
(a) Violation will occur if the noise source is located within an
ORD. NO. 27 -12
sidewalk, T, thoroughfare or other public area, or is
located in or upon a public access area, such as a shoeing
mall, parking lot or the like, or on any private property_ and
the sound is plainly audible more than fifty (50) feet from its
source or, if the noise source is in a building or other
structure and the sound can be heard more than one hundred
(100) feet away from the building or structure or the
boundaries of the property surrounding such building or
structure, whichever is greater (except for activities open to
the public and for which a permit has been issued by the City
according to the criteria set forth in Section 99.05).
Where the noise source is located in a building or other
structure, the owner, occupant, resident manager or other
person in charge of the premises shall, if present, be
presumed to have permitted the noise in the absence of
evidence to the contrary.
(2) Loud4eakers or Public Address Systems. The unreasonably loud use or
operation of any loudspeaker, public address system, sound truck; or similar device
within a residential zone whether the source is located indoors or out -of -doors or
within all commercial zoning districts of the City when the source is located out -of-
doors only. This section does not include two -way communication systems at drive -
in facilities and /or activities for which a permit has been issued by the City Mangger
or his /her designees according to the critertia, set forth in Section 99.05.
(3) Animals and Birds. Owning, possessing or harboring any dog, animal
or bird which causes frequent, habitual or long continued noise which is plainly
audible at a distance of one hundred (1001 feet from the building, structure or yard in
which the dog, animal or bird is located. This provision shall not apply to public
ZOOS.
(4) Loading and Unloading. Loading, unloading, opening, closing or other
handling of boxes, crates, containers, building materials, garbage cans or similar
objects in a manner as to cause an unreasonably loud or excessive sound.
(5) Construction. Operating or permitting the operation of any tools or
eegWpment used in construction, drilling or demolition work in such a manner as to
create an unreasonably loud or excessive sound.
,(a) The provisions of subsection W(5) of this Section shall not
prohibit construction, drilling or demolition work between the
ORD. NO. 27-12
L.._. -- ..0 7. nn - -_a 7.nn .- .,... ___....1_a..__,.
the use of any temporar,Lpuinps or machinery which are
required to be operated twenty -four (24) hours a day in
conjunction with construction work. Subsection W(5) 9hall
also not apply to emergency work for public utilities or where
there is an exemption pursuant to Section 99.04 or where a
temporary permit has been issued pursuant to Section 99.05.
(b) The provisions of subsection sharply to the use
of domestic power tools subject to subsection (A)(13)of this
Section.
(6) Vehicle or Motorboat Repairs and Testing. Repairing, rebuilding, modifying
or testing any motor vehicle, motorcycle or motorboat in a manner as to cause an
unreasonably loud or excessive sound.
C7)&,tuse Collection Vehicles. No person shall collect refuse with a refuse
collection vehicle between the hours of 7:00 p.m. and 6:00 a.m.
(8) Stationary Mechanical Noise Source. Operating or permitting the
operation of stationary mechanical sources including but not limited to pT
(except for pumping done pursuant to division (A) (5) (a) of this Section, motors,
fans, compressors, powered tools or similar devices, air conditioning or air - handling
systems, and cooling towers in a manner as to exceed 60 decibels (dBW) when
measured at any point on neighboring property
(9) Vibration. Operating or permitting the operation of any device on a
property so as to produce vibration noticeable by a person of reasonable sensitivity
at the property line, including bass emanating from audio speakers.
(10) Stationary Nonemergene Signaling Devices Sound or permitting the
sounding of any signal from any stationary bell, chime, siren, whistle or similar device
intended primarily for nonemergency 12=oses, from any place, for more than ten
(10) seconds in any hourly period. Devices used in conjunction with places of
religious worship shall be exempt from the operation of this provision.
(11) EmerMenc Signaling Devices.
a) The intentional sounding or permitting the sounding outdoors
of any fire, burglar or civil defense alarm, siren, whistle or
similar stationary emergency signaling devices, except for
emergencypu poses or for testing, as provided in subsection
(A)(11)(b) of this Section.
(2)(1�) Testing of a stationary emergency signaling device shall not
ORD. NO. 27- I2
occur before 7:00 a.m. or after 7:00 p.m. Any testing shall use
only the minimum cycle test time. In no case shall the test
time exceed sixty l60) seconds.
(2) Testing_ of the complete emergencv signaling system,
including the functioning of the emergency signaling device
and the personnel response to the emergency signaling device
shall not occur more than once in each calendar month. This
testing shall not occur before 7:00 a.m. or after 7:00 p.m. The
time limit for the test time specified in subsection
(A)(11)U(1) shall not aptly to the complete system testing.
(c) The sounding or permitting the sounding of any exterior
burglar or fire alarm shall comply with the provisions of
Chapter 112.
(12) Motor Vehicles Operating on a Public ljgbt- ot- lYlay. Motor vehicles on a
Public Right -of -Way are regulated as set forth in F.S. Sections 316.272 and 316.293,
as currently exists or as may hereafter be amended.
(13) Domestic Power Tools. Operating or permitting the operation of any
mechanicall y powered saw, drill, sander, router, grinder, lawn or garden tool, or
similar device used in residential areas between the hours of 8 p.m and 7 a.m.
(14) Schools. Courts, Hospitals The creation of any excessive or
unreasonably loud noise on any street adjacent to any school, institution of learning,
house of warship or court while the same are in use, or adjacent to any hoitaL
which unreasonably interferes with the working of such institutions, or which
disturbs or unduly annoys the patients in the hospitaL provided conspicuous signs
are displayed in such streets indicating that it is a school, hospital or court street.
(15) Tampering. The removal or rendering inoperative by any person other
than for purposes of maintenance, repair or replacement of any noise control device
or element of design of any product having those devices.
Sec. 99.04. - EXEMPTIONS.
The provisions of this Chapter shall not apply to:
(A) Radios, sirens, horns and bells and other sounds created by police, fire and
other emergency response vehicles,
(Bl Parades, fireworks displays, and other activities for which a permit has been
obtained from the City Manager or his /her designee pursuant to Section 99.05, within such
hours and in accordance with such restrictions as may be imposed as conditions for the
ORD. NO. 27 -12
issuance of the permit: or
(C) The emission of sound in the performance of an activity for which pursuant
to this Chapter, the City Manager has expressly given a temporary, emergency exception
from this Chapter when time would not Permit the obtaining of a temporary permit
pursuant to Section 99.05.
(Dl Noises resulting from emergency work, including but not limited to the use
of generators or other equipment by communications and Public utility companies in
connection with a commercial power outage and /or restoration of service operations and
the use of emergency generators due to loss of power other than non - payment of utility
services. The testing of emergency_generators shall not occur before 7:00 a.m. or after 7:00
P.m. and shall not occur more than once in each week.
Sec. 99.05. - TEMPORARY PERMITS.
(A) Requirements and procedures. The City Manager or his or her designee is
authorized to issue a temporary_ permit to allow noise when produced by a temporary use or
activity as Provided in this section. The City Manager may prescribe any reasonable
conditions necessary to miriimi7e any adverse effect upon the community. A_pe� granted
under this article shall contain all conditions upon which the permit has been granted.
including the decibel limit and the period of time for which the permit has been granted.
Such relief may be granted in the following situations:
1 Code coff in -Progress. When an applicant is utilizing best efforts to
comply with the noise restrictions in this Chapter, but additional time is required for
the applicant to modify his actmU to cry and no reasonable alternative is
available to the applicant, such permits may be granted for a period of time not to
exceed ten (101 consecutive days.
(2) Construction. Whcn construction activities pursuant to a valid building
permit cannot be carried out in a manner which would comply with Section 99.03,
notwithstanding that all equipment is operated in accordance with manufacturer's
specifications, is in good repair and utilizes all noise baffling methods as specified by
the manufacturer.
Q The City Manager may authorize any necessary construction
activities to occur earlier and /or later than normally allowed
based upon a finding that:
1. There are no reasonable alternatives:
2. There are no prior code violation adjudications or
fines and no pending construction noise violation
cases against the property owner,, contractor, or the
ORD. NO. 27-12
construction site: and
3. There is a significant community need, public purpose
or benefit.
bbl The work authorized by the City Manager may be
conditioned upon reasonable notice to surrounding property
owners and tenants. Permits issued pursuant to such
authorization shall not exceed seven (7) consecutive days.
(c) Notwithstanding the provisions 2(a and b), temporary
permits shall be subject to authorization by the building
official under emergency circumstances or when the building
official determines that for reasons of technical necessity
work earlier or later than the time flames normally allowed or
on any day (including Sundays or national holidays) is
required. The work authorized by the building official
pursuant to this subsection shall be conditioned upon
reasonable notice to surrounding 1rot2erty owners and
tenants.
Violation of temtoram tvrmit, Failure to comply with anv condition of a
temp orary permit issued pursuant to this section shall constitute a violation and shall result
in enforcement procedures and penalties as set forth in Section 99.08.
('C) Revocation o tem�orar- permits. Any temporary permit may be immediately
revoked if the City Manager finds that an emergency condition exists involving serious
danger to the public health, safety, or welfare, if the permit holder failed to disclose or
misrepresented material information in the permit application or in the permit application
process: or that there was a failure to comply with any condition of a particular temporary
permit.
(D) The issuance of a temporary permit is a privilege and does not constitute a
right or expectation that said permit will remain in effect. Any permits issued pursuant to
this section shall not constitute or be deemed precedent for the granting of any fiiture
etraits.
(E) Appeals. Appeals of the decision of the City Manager or his/her designee
shall be made to the City Commission by submitting the appeal in writing to the City Clerk
within ten (1 Q) days of the denial. Decisions of the City Commission shall be final subject to
appeal of such decision within thirty (30) days to the Circuit Court of Palm Beach County.
Sec. 99.06. - NOTICE OF VIOLATION.
Except where a person is acting in good faith to comply with an abatement order
ORD. NO. 27 -12
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of violation to be issued by the
Sec. 99.07. - ABATEMENT ORDERS.
W Except as provided for in subsection (B) below, in lieu of issuing a notice of
violation as provided for in Section 99 06, the City official responsible for enforcement of
and provision of this Chapter may issue an order requiring abatement of any source of sound
or vibration alleged to be in violation of this Chapter within a reasonable time period.
Bl An abatement order shall not be issued:
(1) For any violation governed by Section 99.08(A(2); or
(2) When the City has reason to believe that there will not be compliance
with the abatement order.
Sec. 99.08. - PENALTY.
article:
A) The following civil fines and penalties shall be imposed for violations of this
(1) If the offense is the first offense, a maximum fine of $250.00 may be
imposed.
(2) If the offense is the second offense within the preceding 12 months,
a maximum fine of $500 may be imposed.
(B) Each violation shall constitute a separate offense for which a separate fine
may be imposed. A person may receive a separate notice of violation once every hour if a
violation has occurred at any time within that period. An offense shall be deemed to have
occurred on the date the violation occurred. An offense occurring 12 months after the last
offense shall be treated as a first offense for purposes of incurring new fines and penalties.
(C) This Chapter shall be enforced using�rocedures set forth in Section 37.45 or
Section 99.09 of the City's Code of Ordinances, or by any other means available to the Q4.
Sec. 99.09. - NUISANCE.
Any violation of this article shall constitute a rnlisance. The City attorney mU LL1ing
suit on behalf of the City, or any affected citizen may bring suit in his name, against the
person or persons causing or maintaining the violation, and against the owner /agent of the
building or property on which the violation exists.
ORD. NO. 27 -12
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ORD. NO. 27-12
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ORD. NO. 27-12
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ORD. NO. 27 -12
with the abaternent atde-f.
See. 99.33. APPEALS;
r c,
Appeals of an ad-vetse deeisieft of the Board of Adjus"ent sh*R be made
See. 99..34. CITIZEN SUIITS.
- - -=- =- -- - --- - -... -- =----- --- =--- ses of ftfly per-se,
for injury or damage arising from a" vielftfien of dt�4 C=hftptft at fiain athet 1xw.
Sees. 99.E 99.98. RESERVED.
See. 99.99. PENALTY.
'TY
(A) Any person, fii-m at earpoi!2ttieit who -vialfttes ft" pi-avision of this Ghaptl—er
> tip fmet±oft be subjeet
six� (60) days, at both. Eaeh day ftny violation shaH eantin— t- �hftu eailq "* te -9
(b)(1) Any person who violates afty pr&vi4toia of Seetiatis 99.03 di±auboft-
Seetie-iis 99.03 throtTh 99.05 sh—all be fined for eaeh off-eftse 2t stttft of not less tho
Section 3. That should any section or provision of this ordinance or any portion
thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be
invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof
other than the part declared to be invalid.
Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the
same are hereby repealed.
24
ORD. NO. 27 -12
Section 5. That this ordinance shall become effective immediately upon its passage on
second and final reading.
PASSED AND ADOPTED in regular session on second and final r lding on this the
day of , 2012.
ATTEST MAYO
City Clerk
First Reading-
Second Reading
25
ORD. NO. 27-12
Coversheet
MEMORANDUM
TO: Mayor and City Commissioners
FROM: Janice Rustin, Assistant City Attorney
THROUGH: R. Brian Shutt, City Attorney
DATE: August 29, 2012
Page 1 of 1
SUBJECT: AGENDA ITEM 10.D. - REGULAR COMMISSION MEETING OF SEPTEMBER 4.2012
ORDINANCE NO. 27-12
ITEM BEFORE COMMISSION
The attached Ordinance 27 -12 is a revision of the version brought before the Commission on August 21,
2012. Ordinance 27 -12 amends Chapter 99 "Noise Control" by repealing the entire Chapter and
enacting a new chapter in its place.
BACKGROUND
After the first reading, the City Commission directed the City Attorney to research alternative means of
enforcement pursuant to 99.08(c). In response, the City has added section 99.09 that identifies a noise
violation as a nuisance and allows the City to bring a civil suit against the violator. This provision is
based on a similar provision in the Noise code of the City of Miami Beach. Also, the City was contacted
by a representative of AT &T who requested an exemption be added for noise created by the use of
generators and other equipment to restore service in the event of a system or power outage. In response,
the City has added an exemption for this noise in subsection "D" under Section 99.04, "Exemptions ".
In addition, Section 99.03(A)(2) has been revised to clarify that unreasonably loud use of a loudspeaker
is a noise violation in a residential area regardless of whether the source is indoors or outdoors, and is a
violation in a commercial area only when the source is outdoors.
RECOMMENDATION
The City Attorney's office recommends City Commission approval.
http: // itwebapp /AgendalntranetBluesheet .aspx ?ItemID = 5964 &MeetingID =387 9/6/2012
ORDINANCE NO. 27-12
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING
CHAPTER 99 "NOISE CONTROL" OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH,
FLORIDA, BY REPEALING CHAPTER 99 "NOISE
CONTROL" IN ITS ENTIRETY, ENACTING A NEW
CHAPTER 99, "NOISE CONTROL" PROVIDING FOR THE
CONTROL OF SOUND ORIGINATING WITHIN THE CITY
OF DELRAY BEACH IN ITS PLACE, AND PROVIDING A
SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND
AN EFFECTIVE DATE.
WHEREAS, excessive sound is a serious hazard to the public health and welfare, safety and
the quality of life; and,
WHEREAS, the people have a right to and should be ensured an environment free from
unreasonably excessive sound as would jeopardize the health safety and welfare or safety or degrade
the quality of life; and,
WHEREAS, the City Commission of the City of Delray Beach desires to prevent such
unreasonably excessive sound as would jeopardize the health safety and welfare or safety or degrade
the quality of life; and,
WHEREAS, the City Commission of the City of Delray Beach desires to amend current
Noise Control provisions of its Code of Ordinances to comport with recent changes to the law.
WHEREAS, the City of Delray Beach has the authority to prohibit sounds that are
unreasonably loud, excessive, or unnecessary or plainly audible at a certain distance. See D14
Mortgage, Inc v. City of Miami Beach, 486 F.3d 1254, 1272 (11th Cir. 2007).
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the recitations set forth above are incorporated herein.
Section 2. That Chapter 99 "Noise Control" shall be amended by repealing it in its
entirety, and enacting a new Chapter 99 "Noise Control" as follows:
Sec. 99.01. - SCOPE.
This Chapter shall apply to the control of all sound and vibration originating within
the limits of the City.
Sec. 99.02. - DEFINITIONS.
The following words, terms and nhrases, when used in this article. shall have the
meanings ascribed to them in this section, except where the context clearly indicates a
different meaning:
Ami�lz)Ycation device. Any instrument, machine, or system, which by electronic means
augments sound by increasing the sound level or volume.
Am,�lzfzed sound. Sound augmented by any electronic means that increases the sound
level or volume.
Commercial area. For 121Qoses of this ordinance onl, commercial area shall include all
nonresidential and nonindustrial zoning districts:
(11) Neighborhood Commercial (NC);
X21 Planned Commercial (PCL
(3) General Commercial (,GQ,
Ul Automotive Commercial (AC);
(5) Central Business District (CBD;
() Central Business District —Rail Corridor (CBD -RC);
71 Residential Office (ROB;
(8) Old School Square Historic Acts District (,OSSHAD)-,
Professional Office District (POD);
(10) Planned Office Center (POC),
(11) Special Activities District (SAD): and
(12) Resort /Tourism (RTC
(1 31 Mixed Residential, Office and Commercial District (MRC)
Industrial area All that area located in the following zoning districts:
(1) Light Industrial (LI):
,(2) Mixed Industrial and Commercial IMIC�;
(3 Industrial (1), and
U Planned Commerce Center (PCC�.
Offense. A notice of violation that has not been appealed timely or a finding of
violation by a special master following the appeal of a violation.
One day. A 24 -hour Period from noon to noon.
Premises. Any real property or parcel of land, including the buildings, structures or
ORD. NO. 27 -12
other improvements thereon.
Residential area For purposes of this chapter only, residential area shall include the
following zoning districts:
(1) R 1 -AAA:
(21 R- 1- AAA -B;
(3) R -1 -AA:
(4) R-1-AA-B;
(5) R -1 -A;
R- 1 -A -B;
RM;
R:
(9) A.
(10) PRD;
(11) MH;
112)— L'
(13) Community Facilities (C9;
(14) Open Space (OS)-,
(15) Open Space &ainp, Recreation (OSR); and
(1 G) Conservation District (CD)-
Violator. A person or entity determined or cited by a code inspector as being in
violation of the provisions of this article.
Sec. 99.03. - LOUD AND UNNECESSARY NOISES PROHIBITED.
It shall be unlawful for any person to make, continue or cause to be made or
continued any unreasonably loud, excessive, or unnecessary noise.
(A) Certain Acts Declared Unlawfial. The following acts, and the causing thereof,
among others, are declared to be unreasonably loud, excessive, or unnecessary noises and in
violation of this Chapter:
(1) Radios, televisions, musical instruments, etc: Using, operating, or permitting
to be plaved, used or operated any radio receiving set, television set, musical
instrument, sound amplifier or other machine or device for the producing or
reproducing of sound in such 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 hearing for the person or persons who are in the room, vehicle or
chamber in which such machine or device is operated and who are voluntarL
listeners thereto.
(a) Violation will occur if the noise source is located within an
ORD. NO. 27 -12
automobile, in or upon a public street, highway. building,
sidewalk park, thoroughfare or other public area, or is
located in or upon a public access area, such as a shopping
mall, parking lot or the like, or on any private property, and
the sound is plainly audible more than fifty (50) feet from its
source or, if the noise source is in a building or other
structure and the sound can be heard more than one hundred
(100) feet away from the building or structure or the
boundaries of the property surrounding_ such building or
structure, whichever is neater (except for activities open to
the public and for which a permit has been issued by Citv
according to the criteria set forth in Section 99.05).
(b) Where the noise source is located in a building or other
structure, the owner, occupant, resident manager or other
person in charge of the premises shall, if present, be
presumed to have permitted the noise in the absence of
evidence to the contrary.
Lom "eakers or Public Address Systems. The unreasonably loud use or
operation of any loudspeaker, public address system, sound truck or similar device
within a residential zone whether the source is located indoors or out -of -doors or
within all commercial zoning districts of the City when the source is located out -of-
doors only. This section does not include two -way communication systems at drive -
in facilities and /or activities for which a permit has been issued by the City Manager
or his /her designees according to the criteria set forth in Section 99.05.
( 3 ) Animals and .Birds. Owning. possessing or harboring any dog, animal
or bird which causes frequent, habitual or long continued noise which is plainly
audible at a distance of one hundred (100) feet from the building, structure or yard in
which the dog, animal or bird is located. This provision shall not apply to pubhc
ZOOS.
() Loading and Unloading. Loading, unloading. opening, closing or other
handling of boxes, crates, containers, building materials, garbage cans or similar
objects in a manner as to cause an unreasonably loud or excessive sound.
(5) Construction. Operating or permitting the operation of any tools or
ecluipinent used in construction, drilling or demolition work in such a inanner as to
create an unreasonably loud or excessive sound.
(tea,) The provisions of subsection (A )(5) of this Section shall not
prohibit construction, drilling or demolition work between the
ORD. NO. 27-12
hours of 7:00 a.m. and 7:00 p.m. on weekdays, nor prohibit
the use of any temporary pumps or machinery which are
required to be operated twenty -four (24) hours a day in
conjunction with construction work. Subsection (A)(5) shall
also not apply to _emergency work for public utilities or where
there is an exemption pursuant to Section 99.04 or where a
temporary permit has been issued pursuant to Section 99.05.
(b) The provisions of subsection (A) (5) shall not 41211 to the use
of domestic power tools subject to subsection (A (13)of this
Section.
(6) Vehicle or Motorboat Uairs and Tesiina. Repairing, rebuilding, modifying
or testing any motor vehicle, motorcycle or motorboat in a manner as to cause an
unreasonably loud or excessive sound.
(7) R fuse Collection Vehicles. No person shall collect refuse with a refuse
collection vehicle between the hours of 7:00 p.m. and 6:00 a.m.
(8) Stationary Mechanical Noise Spruce. Operating or permitting the
operation of stationary mechanical sources including but not limited to pumps
(except for pumping done pursuant to division (A)(5)(a) of this Section), motors,
fans, compressors, powered tools or similar devices, air conditioning or air - handling
systems, and cooling towers in a manner as to exceed 60 decibels (dBW) when
measured at any point on neighboring property line.
(9) Vibration. Operating or permitting the operation of any device on a
property so as to produce vibration noticeable by a person of reasonable sensitivity
at the property line, including bass emanating from audio speakers.
10) Stationary Nonemergencv Signaling Devices. Sound or permitting the
sounding of any signal from any stationary bell, chime, siren, whistle or similar device
intended primarily for noncmergencypurposes, from anyplace, for more than ten
(10) seconds in any hourly period. Devices used in conjunction with places of
religious worship shall be exempt from the operation of this provision.
(11) EmeraenjUSianalina Devices.
a) The intentional sounding or permitting the sounding outdoors
of any fire, burglar or civil defense alarm, siren, whistle or
similar stationary emergency signaling devices, except for
emergency purposes or for testing, as provided in subsection
(A)(11)fb) of this Section.
(b)(1T )fig of a station , emergency signaling device shall not
ORD. NO. 27 -12
occur before 7:00 a.m. or after 7:00 12.m. Any testing shall use
only the minimum cycle test time. In no case shall the test
time exceed sixty 6g seconds.
(2) Testing of the complete emergency signaling system,
including the functioning of the emergency signaling device
and the personnel response to the emergency signaling device
shall not occur more than once in each calendar month. This
testing shall not occur before 7:00 a.m. or after 7:0012.m. The
time limit for the test tiine specified in subsection
1) (1) shall not apply to the complete system testing,
Q The sounding or permitting the sounding of any exterior
burglar or fire alarm shall comply with the provisions of
Chapter 112.
(12) Motor Vehicles Operating on a Public Right- of-TYlay. Motor vehicles on a
Public Right -of -Way are regulated as set forth in F.S. Sections 316.272 and 316.293,
as currently exists or as may hereafter be amended.
(1 3) Domestic Power Tools. Operating or permitting the operation of any
mechanically powered saw, drill, sander, router, grinder, lawn or garden tool, or
similar device used in residential areas between the hours of 812.m and 7 a.m.
(14) Sebools, Courts, Hooitafs. The creation of any excessive or
unreasonably loud noise on any street adjacent to any school, institution of learning,
house of worship or court while the same are in use, or adjacent to any hosl2ital,
which unreasonably interferes with the working of such institutions, or which
disturbs or unduly annoys the patients in the hospital, provided conspicuous signs
are displayed in such streets indicating that it is a school, hospital or court street.
(15) Tambering, The removal or rendering inoperative by any person other
than for purposes of maintenance, repair or replacement, of any noise control device
or element of design of anyl2roduct having those devices.
Sec. 99.04. - EXEMPTIONS.
The provisions of this Chapter shall not apply to:
W Radios, sirens, horns and bells and other sounds created by police, fire and
other emergency response vehicles,
a Parades, fireworks displays, and other activities for which a permit has been
obtained from the City Manager or his /her designee pursuant to Section 99.05, within such
hours and in accordance with such restrictions as may be imposed as conditions for the
ORD. NO. 27 -12
issuance of the permit: or
(C} The emission of sound in the performance of an activity for which, pursuant
to this Chapter, the City Manager has expressly given a temporary, emergency exception
from this Chapter when time would not permit the obtaining of a temporary permit
pursuant to Section 99.05.
(D) Noises resulting from emergency work, including but not limited to the use
of generators or other equipment by communications and public utili , companies in
connection with a commercial power outage and /or restoration of service operations and
the use of emergency generators due to loss of power other than non - payment of utility
services. The testing of emergency generators shall not occur before 7:00 a.m. or after 7:00
p.m. and shall not occur more than once in each week.
Sec. 99.05. - TEMPORARY PERMITS.
W Regmirements and procedures. The City Manager or his or her designee is
authorized to issue a temporary pennit to allow noise when produced by a temporary use or
activity as provided in this section. The City Manager may prescribe any reasonable
conditions necessary to minimize any adverse effect upon the community. A permit granted
under this article shall contain all conditions upon which the permit has been granted,
including the decibel limit and the period of time for which the permit has been granted.
Such relief may be granted in the following situations:
(1) Code compliance in -brogress. When an applicant is utilizing best efforts to
comply with the noise restrictions in this Chapter, but additional time is required for
the applicant to modify his activity to comply and no reasonable alternative is
available to the applicant, such permits may be granted for a period of time not to
exceed ten (10) consecutive days.
(21 Cmutruction. When construction activities pursuant to a valid building
permit cannot be carried out in a manner which would comely with Section 99.03,
notwithstanding that all equipment is operated in accordance with manufacturer's
specifications, is in good repair and utilizes all noise baffling methods as specified by
the manufacturer.
(a) The City Manager may authorize any necessary construction
activities to occur earlier and /or later than normally allowed
based upon a finding that:
1. There are no reasonable alternatives;
2. There are no prior code violation adjudications or
fines and no pending construction noise violation
property cases against the owner, contractor, or the
ORD. NO. 27-12
construction site: and
3. There is a significant community need, public purpose
or benefit.
(b) The work authorized by the City Manager may be
conditioned upon reasonable notice to surrounding prop2ty
owners and tenants. Permits issued pursuant to such
authorization shall not exceed seven (7) consecutive days.
,(c) Notwithstanding the provisions 2(a) and (b). temporary
permits shall be subject to authorization by the building
official under emergency circumstances or when the building
official determines that for reasons of technical necessity
work earlier or later than the time flames normally allowed or
on any day (including Sundays or national holiday is
required. The work authorized by the building official
pursuant to this subsection shall be conditioned upon
reasonable notice to surrounding property owners and
tenants.
Violation of temboran beymit. Failure to coinply with anv condition of a
temporM permit issued pursuant to this section shall constitute a violation and shall result
in enforcement procedures and penalties as set forth in Section 99.08.
(C) Revocation of tem�orar- permits. Any temporary perm ay it may be immediately
revoked if the City Manager finds that an emergency condition exists involving serious
danger to the public health. safety. or welfare: if the permit holder failed to disclose or
misrepresented material information in the permit application or in the permit application
process, or that there was a failure to comply with anv condition of a particular temporary
pernut.
(D) The issuance of a temporary hermit is a privilege and does not constitute a
right or expectation that said permit will remain in effect. Any permits issued pursuant to
this section shall not constitute or be deemed precedent for the granting of any future
permits.
(E) Apieals. Appeals of the decision of the City Manager or his /her designee
shall be made to the City Commission by submitting the appeal in writing to the City Clerk
within ten (10) days of the denial. Decisions of the City CormTdssion shall be final subject to
appeal of such decision within thirtv (30) days to the Circuit Court of Palm Beach Countv.
Sec. 99.06. - NOTICE OF VIOLATION.
Except where a person is acting in good faith to comply with an abatement order
ORD. NO. 27 -12
issued pursuant to subsection 99.07W, violation of any provision shall be cause for a notice
of violation to be issued by the City.
Sec. 99.07. - ABATEMENT ORDERS.
�Al Except as provided for in subsection a below, in lieu of issuing a notice of
violation as provided for in Section 99.06, the City official responsible for enforcement of
any provision of this Chapter may issue an order requiring abatement of any source of sound
or vibration alleged to be in violation of this Chapter within a reasonable time period.
(13) An abatement order shall not be issued:
(1) For any violation governed by Section 99.08(AL) (2)TTor
X21 When the City has reason to believe that there will not be compliance
with the abatement order.
Sec. 99.08. - PENALTY.
article:
rl The following civil fines and penalties shall be imposed for violations of this
(1) If the offense is the first offense, a maximum fine of $250.00 may be
imposed.
(21 If the offense is the second offense within the preceding 12 months,
a maximum fine of $500 may be imposed.
a Each violation shall constitute a separate offense for which a separate fine
may be imposed. A person may receive a separate notice of violation once every hour if a
violation has occurred at any time within that period. An offense shall be deemed to have
occurred on the date the violation occurred. An offense occurring 12 months after the last
offense shall be treated as a first offense for purposes of incurring new fines and penalties.
,(Cl This Chapter shall be enforced using procedures set forth in Section 37.45 or
Section 99.09 of the City's Code of Ordinances, or by any other ineans available to the City.
Sec. 99.09. - NUISANCE.
Any violation of this article shall constitute a nuisance. The City attorney may bring
suit on behalf of the City, or any affected citizen may bring suit in his, name, against the
person or persons causing or maintaining the violation, and against the owner /agent of the
building or property on which the violation exists.
ORD. NO. 27 -12
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ORD. NO. 27 -12
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ORD. NO. 27 -12
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ORD. NO. 27 -12
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13
ORD. NO. 27 -12
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14
ORD. NO. 27 -12
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ORD. NO. 27 -12
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15
ORD. NO. 27 -12
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ORD. NO. 27 -12
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ORD. NO. 27-12
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ORD. NO. 27-12
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ORD. NO. 27 -12
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19
ORD. NO. 27 -12
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19
ORD. NO. 27 -12
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ORD. NO. 27 -12
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ORD. NO. 27 -12
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ORD. NO. 27 -12
_. or
Sees. 99.^ -n 7 99.14. RESERVED.
See. 99i5. CAE.
eatiffieting pro-kFisian set forth in this Chapter.
See. 99.16. TD A N WHISTLE OR HORN
NOISE PROHIBITED
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shall not apply
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See 99 .06. EMERGENCY EXCEPTIONS.
_. or
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eatiffieting pro-kFisian set forth in this Chapter.
See. 99.16. TD A N WHISTLE OR HORN
NOISE PROHIBITED
_
pefsoft,
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.
21
ORD. NO. 27 -12
. 99.99.
r r . . . . . . . .. . .
This subehaptief! r-elfttes attly to publie at grade tailtead train crossings having train
.:. _ .. .
99
99.30. SPEGLkb
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22
ORD. NO. 27 -] 2
23
ORU. NO. 27 -12
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23
ORU. NO. 27 -12
23
ORU. NO. 27 -12
(1) For- a" vialatieft gaver-ned by Seetion ,
with the ftbatement of-der.
See. n J3. APPEALS. Appeals of aft a&erse deeision of the Beard af Adjustment sh*H be ffiad-
See. 99.34. G rrTcE�N SUM. a eiv-4 ftetieft all his Own behalf agaifist a" per-saft who if, alleged to be Ift
f6t! injury or damage arisi" from a" vialatieft of this Chapter or- from other
Sees. 99.35 99.98. RESERVED.
See. nn PE?A A T
(A) Any person, firm L :t who vialates a" piffftst ft of this Ghap+er
mac". _ .. nn
e be stibjeef to
si5" (60) days, or- both. Efteh day afty s1hall --n—me — exist shaU eaestitute
CC
99.05 sh*4 be fifted 65r- efteh aftense not mate thart &e httn4ed de4ftrs ($500.00)-.
Seetiafts 99.03 dwattgh 99.05 shall be fined for eaeh affense a sufn af ftat less thftlft
fifty dallars ($50.00) ftftel not mate thaft five httn&-ed daHar-s
99.05 shall eatt shall eettstitute a separate off-ense.
Section 3. That should any section or provision of this ordinance or any portion
thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be
invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof
other than the part declared to be invalid.
Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the
same are hereby repealed.
24
ORD. NO. 27 -12
Section 5. That this ordinance shall become effective immediately upon its passage on
second and final reading.
PASSED AND ADOPTED in regular session on second and final reading on this the
day of .2012.
ATTEST
City Clerk
First Reading
Second Reading
O W_ O
25
ORD. NO. 27 -12
- _- -
� 4