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81-80 ORDINANCE NO. 81-80 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 16 "OFFEN~ES-MISCELLA- NEOUS", ARTICLE II, "NOISE" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY REPEALING SECTIONS 16-33, 16-34 AND 16-35 AND ENACTING A NEW ARTICLE II, "NOISE CONTROL" PROVIDING FOR THE CONTROL OF SOUND AND VIBRATION ORIGINATING WITHIN THE LIMITS OF THE CITY OF DELRAY BEACH, FLORIDA; PROVIDING FOR DEFINITIONS; PRO- VIDING FOR THE .PROHIBITION OF NOISE DISTURBANCE AND DECLARING CERTAIN ACTS TO BE UNLAWFUL; PROVIDING FOR EMERGENCY EXCEPTIONS AND SPECIAL VARIANCES; PROVIDING FOR MAXIMUM PERMISSIBLE SOUND LEVELS BY RECEIVING LAND USE; PROVIDING FOR PENALTIES FOR VIOLATIONS; PROVIDING FOR ABATEMENT ORDERS AND NOTICES OF VIOLATION; PROVIDING FOR NOT PROHIBITING CITIZEN SUITS; PROVIDING A SAVING CLAUSE; PROVIDING FOR THE REPEAL OF ORDINANCES IN CONFLICT HERE- WITH; PROVIDING AN EFFECTIVE DATE. $'~EREAS, excessive sound and vibration are a serious hazard to the public health and welfare, safety and the quality of life; and, WHEREAS, the substantial body of science and technology exists by which excessive in sound and vibration may be substantially abated; and, W~EREAS, the people have a right to and should be ensured an environ- ment free from excessive sound and vibration that may jeopardize.their health or welfare or safety or degrade the quality of life; and, WHEREAS, the City Council of the City of Delray Beach, Florida, de- sires to prevent such excessive sound and vibration as would jeopardize the'health and welfare or safety of its citizens or degrade the quality of life, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter 16 "Offenses-Miscellaneous", Article II "Noise", is hereby amended by Yepealing Sections 16-33, 16-34, and 16-35, and enacting.a new Article II "Noise Control" to read as follows: Sec. 16-33. Scope. This article shall apply to the control of all sound and vibration originating within the limits of the City of Delray Beach, Florida. Sec. 16-34. Definitions. All t~rminology as used in this article, and not otherwise defined below, shall be in conformance with the applicable publications of the American National Standards Institute (ANSI) or its successor body. As used in this article, unless otherwise defined or required by the contents, the following words and phrases shall have the meaning indicated: (1) "A-Weighted sound level" means the sound pressure level in deci- bels as measured on a sound level meter using the A-Weighting Network. The level so read is designated dB(A) or dBA. (2) "Commercial area" means ail that area located in the following zoning districts: Neighborhood Commercial District (NC), Community Commercial District (CC), General Commercial District (GC), Specialized Commercial District (SC), Central Business District (CBD), and Limited Commercial District (LC). (3) "Construction" means any site preparation, assembly, erection, substantial repair, alteration, or similar action, but excluding demoli- tion, for or of public or private rights-of-way, structures, utilities, or similar property. (4) "Day-night average sound level (L~,)" means the 24-hour energy of the A-weighted sound pressure level, with ~e levels during the period 10:00 P.M. to 7:00 A.M. the following day increased by ten dBA before averaging. (5) "Decibel (dB)" means a unit for measuring the volume of a sound, equal to twenty 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). (6) "Demolition" means any dismantling, intentional destruction or removal of structures, utilities, public or private right-of-way surfaces, or similar property. (7) "Emergency" means any occurrence or set of circumstances involv- ing actual or imminent physical trauma or property damage which demands immediate action. (8) "Emergency work" means any work performed for the purpose of preventing or alleviating the physical trauma or property damage threatened or caused by an emergency. (9) "Environmental Protection Officer/Noise Control Officer (EPO/NCO)" means the City Manager of the City of Delray Beach or his designated agent, who shall have the lead responsibility for this ordinance. (10) "Equivalent A-Weighted sound-level (L )" means the constant · . eq sound level that, in a given situation and time period, conveys the same sound energy as the actual time-varying A-Weighted sound. For the pur- poses of this ordinance, a time period of 24 hours shall be used, unless otherwise specified. (11) "Impulsive sound" means sound of short duration, usually less than one second, with an abrupt onset and rapid decay. Examples of sources of impulsive sound include explosions, drop forge impacts, and the discharge of firearms. (12) "Industrial area" means all that area located in the following zoning districts: Light Industrial District (LI) and Medium Industrial District (MI). (13) "Motor carrier vehicle engaged in interstate commerce" means any vehicle for which regulations apply pursuant to Section 18 of the Federal Noise Control Act 1972 (P.L.92-574), as amended, pertaining to motor carriers engaged in interstate commerce. (14) "Motor vehicle" means any vehicle which is propelled or drawn on land by a motor, such as, but not limited to, passenger cars, trucks, truck-trailers, semi-trailers, campers, go-carts, snowmobiles, amphibious craft on land, dune buggies, or racing vehicles, but not including motor- cycles. (15) "Motorboat" means any vessel which operates on water and which is propelled by a motor, including, but not limited to, boats, barges, amphi- bious craft, water ski towing devices and hover craft. (16) "Motorcycle" means an unenclosed motor vehicle having a saddle for the use of the operator and two or three wheels in contact with the ground, including, but not limited to, motor scooters and minibikes. (17) "Muffler or sound dissipative device" means a device for abating the sound of escaping gasses of an internal combustion engine. (18) "Noise" means any sound which annoys or disturbs humans or which causes or tends to cause adverse psychological or physiological effect on humans. -2- Ord. No. 81-80 (19) ."Noise disturbance" means any sound which (a) endangers or in- jures the safety or health of humans or animals, or (b) endangers or injures personal or real property. (20) "Noise sensitive zone" means any area within the City of Delray Beach, Florida, designated by the City as such, for the purpose of en- suring quiet. (21) "Person" means any individual, association, partnership, or corporation, and includes any officer, employee, department, agency or instrumentality of a State or any political subdivision of a State. (22) "Powered model vehicle" means any self-propelled airborne, water- borne, or land-borne plane, vessel, or vehicle which is not designed to carry persons, including, but not limited to, any model airplane, boat, car, or rocket. (23) "Public right-of-way" means any street, avenue, boulevard, high- way, sidewalk or alley or similar place which is owned or controlled by a governmental entity. (24) "Public space" means any real property or structures thereon which are owned or controlled by a governmental entity. (25) "Pure tone" means any sound which can be distinctly heard as a single pitch or a set of single pitches. For the purposes of this arti- cle, a pure tone shall exist if the one-third octave band sound pressure level in the band with the ton~ exceeds the arithmetric average of the sound pressure levels of the two contiguous one-third octave bands by five decibel dB for center frequencies of 500'Hz and above and by eight decibel dB for center frequencies between 60 and 400 Hz and by fifteen decibel dB for center frequencies less than or equal to 125'Hz. (26) "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 intra-building real property divisions. (27) "Residential area" means all that area located in the following zoning districts: R-1AAA, R-iAAA-B, R-i~A, R-1AA-B, R-lA, R-lA-B, RM-6, RM-10, ~4-15, PRD-4, PRD-7 and PRD-10. '~ (28) "RMS sound pressure" means the square root of the time average square of the sound pressure, denoted P rms (29) "Sound" means an oscillation in pressure, particle displacement, particle velocity or other physical parameter, in a medium with internal forces that causes compression.and rarefaction of that medium. The de- scription, of sound may include any characteristic of such sound, including duration, intensity and frequency. (30) "Sound level" means the weighted sound pressure level obtained by the use of a sound level meter and frequency weighting network, such as A, B, or C as specified in American National Standards Institute specifi- cations for sound level meters (ANSI S1.4-1971 or the latest approved revision thereof). If the frequency weighting employed is not indicated, the A-weighting shall apply. (31) "Sound, level meter" means an instrument comprising a microphone, amplifier, and output meter, and frequency-weighting networks, that is used for the measurement of sound levels in a specified manner. (32) "Sound pressure" means a measure of sound power, usually given in dynes per square centimeter. -3- Ord. No. 8-1-80 (33) "Sound pressure level (in decibels)" means twenty times the logarithm to the base of.ten of the ratio of the pressure of the ~ound being measured to a reference sound pressure of 20 micronewtons/m- or 0.0002 microbars. (34) "Sound reproduction device" means a device intended primarily for the production or reproduction of sound including, but not limited to, any musical instrument, radio receiver, television receiver, tape recorder, phonograph or sound amplifying system. (35) "Sound signal device" means a device designed to produce a sound signal when operated, including, but not limited to, any klaxon, airhorn, whistle, bell, gong, siren, but not an emergency signal device. (36) "Warning device" means sound emitting devices used to alert and warn people. (37) "L~0" means the sound level exceeded one-half (%) the time for .the duratio~ of the measurement period. Sec. 16-35. Noises prohibited. (A) It shall be unlawful for any person to make, continue, or cause to be made or continued any noise disturbance. Non-commercial p~blic speaking and public assembly activities conducted on any public space or public right-of-way shall be exempt from the operation of this section. (B) The following acts, and the causing thereof, among others, are declared to be unlawful and in violation of this ordinance: (1) Radios, television sets, musical instruments and similar devices. Operating, playing or permitting the operation or playing of any radio, television, phonograph, drum, musical instrument, sound amplifier, or similar device which produces, reproduces, or ~mplifies sOund: (a) In such a manner as to create a noise disturbance within a noise sensitive zone or at any time which violates the provisions of Section 16-36 (except for activities open to the public and for which a permit has been issued by the City of Delray Beach according to criteria set forth in Section 16-35(D)); (b) This section shall not apply to non-commercial spoken language covered under Section 16-35(B)(2), below~. (2) Loudspeakers/public address systems. Using or operating for any purpose any loudspeaker, public address system, or similar device such that the soUnd therefrom creates a noise disturbance within a noise sensitive zone, or at any time which violates the provi- sions of Section 16-36. (.3) Street Sales. Offering for sale or selling anything by shouting or outcry within any residential or commercial area of the City (except by permit issued by the City according to criteria set forth in Section 16-35(D) and/or except between the hours of 8:00 A.M. and 5:00 P.M..I, or at any time which violates the provisions of Section 16-36. (4) Animals and birds. Owning, possessing or harboring any animal or bird which frequently or for continued duration, howls, barks, meows, squawks, or makes other sounds which create a noise dis- turbance within a noise sensitive zone, or at any time which violates the provisions of Section 16-36. This provision shall not apply to public zoos. -4- Ord. No. 81-80 (5) Loading and unloading. Loading, unloading, opening, closing or other handling of boxes, crates, containers, building materials, garbage cans, or similar objects in such a manner as to cause a noise disturbance within a noise sensitive zone, or at any time which violates the provisions of Section 16-36. (6) Construction. Operating or permitting the operation of any tools or equipment used in construction, drilling, or demolition work such that the sound therefrom creates a noise disturbance within a noise sensitive zone or which violates the provisions of Section 16-36. (a) The provisions of this Subsection shall not prohibit con- struction, drilling, or demolition work between the 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 24 hours a day in conjunction with construction work. This Subsection shall also not apPly to emergency work for public utilities or %;here a special variance has been issued pursuant to Sections 16-35(C) or 16-35(D). (b) This section shall not apply to the use of domestic power tools subject to Section 16-36(B)(16). (7) Vehicle or motorboat repairs and testing. Repairing, rebuilding, modifying, or testing any motor vehicle, motorcycle, or motor- boat in such a manner as to cause a noise disturbance within a noise sensitive zone, or at any time which violates the provi- sions of Section 16-36. (8) Refuse 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. of the following day in a residential area or noise sensitive zone, or in any other area which violates the provi- sions of Section 16-36 between the hours of 7:00 P.M. and 6:00 A.M. of the following day. (9) Stationary mechanical noise source. Operating or permitting the operation of stationary mechanical sources including pumps, motors, fans, compressors, powered tools or similar devices, but not includiqg air conditioning or air-handling systems situated in residential areas, but including cooling towers, in such a manner as violate the provisions of Section 16-36, except for pumping done pursuant to Section 16-35(B)(6)(a). (10) Powered model vehicles. Operating or permitting the operation of powered model vehicles between the hours of 8:00 P.M. and 7:00 A.M. the following day. Maximum sound levels during the per- mitted period of operation shall conform to those set forth for residential land use in Section 16-36(A) and shall be measured at a distance of 100 feet from any point on the path of the vehicle. Maximum sound levels for residential property and noise sensitive zones, during the permitted period of operation, shall be governed by Section 16-36. (11) Vibration. Operating or permitting the operation of any device on a property that causes a vibration which exceeds the accelera- tion values given in Table A below on a receiving property: -5- Ord. No. 81-80 TABLE A BASIC THRESHOLD ACCELERATION VALUES FOR ACCEPTABLE VIBRATION ENVIRONMENTS Daytime is 7 am to 10 pm. Nighttime is 10 pm to 7 am. All Values are Meters/Sec2 Continuous or Impulsive Time Intermittent rms Excitation Peak Type of Place of Day Acceleration Acceleration Where Received Hospital Operating Day .0036 .005 Rooms and Other Such Critical Areas Night .0036 .005 Residential Day .072 .1 (including resi- -- dential SAD) ~ ~-- Night .005 .01 Commercial (including Anytime : 14 .2 non-residential SAD only) Industrial and Anytime .28 .4 Other Use ~-~ t = duration seconds of vibration; for durations greater than 100 sec, use t as 100 sec. N = the number of discrete shock excitations that are one sec or less in duration. For more than 100 excitations, use N=100. (12) Stationary non-emergency signalling devices. Sounding or per- mitting the sounding of any signal from any stationary bell, chime, siren, whistle, or similar device intended primarily for non-emergency purposes, from any place, for more than 10 seconds in any hourly period. Devices used in conjunction with pla~es of religious worship shall be exempt from the operation of thiS provision. (13) Emergency, signalling devices. (a) The intentional sounding or permitting the sounding outdoors of any fire, burglar, or civil defense alarm, siren, whistle or similar stationary emergency signalling devices, except for emergency purposes or for testing, as provided in Sub- section (b) hereof. (b) (i) Testing of a stationary emergency signalling device shall occur at the same time of day each time such a test is performed, but not before 7:00 A.M. or after 7:00 P.M. Any such testing shall use only the minimum cycle test time. In no case shall such test time exceed 60 seconds. -6- Ord. No. 81-80 (ii) Testing of the complete emergency signalling system, including the functioning of the signalling device and the personnel response to the signalling device, shall not occur more than once in each calendar month. Such testing shall not occur before 7:00 A.M. or after 7:00 P.M. The time limit specified in Subsection (b)(i), above, shall not apply to such complete system testing. (c) The sounding or permitting the sounding of any exterior burglar or fire alarm shall comply with the provisions of Chapter 31 of the Code of Ordinances. (14) Motor vehicles operating on a public right-of-way. Motor vehi- cles on a public right-of-way are regulated as set forth in the Florida Motor Vehicle Noise Prevention and Control Act of 1974, as set forth in Florida Statutes Section 316.272 and 316.293, as currently exists or as may hereafter be amended. (15) Air conditioning or air-handling equipment. Operating or per- mitting the operation of any residential air conditioning or air-handling equipment (but excluding cooling towers) in suCh a manner as to exceed any of the following sound levels in resi- dential areas when measured as specified in the Code of Recom- mended Practices: Measurement location decibels dB(A) Any point 6n neighboring property line 60 Center of neighboring patio 55 Outside the neighboring living area nearest the equipment lo- 55 cation. (16) 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 which violates the provisions of Section 16-36, except that this · Subsection shall not apply to the operation of common lawn and garden equipment between the hours of 7:00 A.M. and 8:00 P.M. (17) 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 such devices. (18) Noise sensitive zones. (a) Creating or causing the creation of any sound within any noise sensitive zone designated pursuant to this ordinance, so as to disrupt the activities normally conducted within the zone, or at any time which violates the provisions of Section 16-36 with regard to receiving land use in all resi- dential districts, including residential only SAD Districts, provided that conspicuous signs are displayed indicating the presence of the zone; or, (b) Creating or causing the creation of any sound within a noise sensitive zone designated pursuant to this ordinance, con- taining a hospital, nursing home, or similar activity so as to interfere with the functions of such activity or disturb the patients in the activity, or at any time which violates -7- Ord. No. 81-80 the provisions of Section 16-36 with regard to receiving land use in all residential districts, including residential only SAD districts, provided that conspicuous signs are displayed indicating the presence of the zone. (C) Emergency exception. (a) The provisions of this ordinance shall not apply to: (1) The emission of sound for the purpose of alerting persons to the existence of an emergency; or, (2) The emission of sound in the performance of emergency work;. or, (3) The emission of sound in the performance, of an activity for which pursuant to this Subsection, the City Manager has expressly given a temporary, emergency exception from this Article when time would not permit the obtaining of a special variance pursuant to Subsection 16-36(D) below. (D) Special Variances. (a) The Board of Adjustment of the City of Delray Beach shall have the authority, consistent with this section, to grant special variances which may be'requested pursuant to Section 16-35(D). (b) Any person seeking a special variance pursuant to this section shall file an application with the Board of Adjustment. The filing fee for such application shall be $25.00. The application shall contain information which demonstrates that bringing the source of sound or activity for which the special variance is sought into compliance With this order would constitute an un- reasonable hardship on the applicant, on the community, or on other persons. Notice of an application for a special variance shall be published in a newspaper of general circulation in the City of Delray Beach at least seven (7) days prior to its con- sideration by the Board of Adjustment. Any individual who claims to be adversely affected by allowance of the special variance may file a statement with the Board of Adjustment containing any information to support his claim. If the Boa.rd of Adjustment finds that a sufficient controversy exists regarding the appli- cation, a public hearing may be held. (c) In determining whether to grant or deny' the application, the Board of Adjustment shall balance the hardship to the applicant, the community, and other persons of not granting the special variance against the adverse impact on the health, safety, and welfare of persons affected, the adverse impact on property affected, and any other adverse impacts of granting the special variance. Applicants for special variances and persons con- testing special variances may be required to submit any infor- mation the Board of Adjustment may reasonable require. (d) Special variances shall be granted by notice to the applicant containing all necessary conditions, including a time limit on the permitted activity. A special variance shall not become effective until all conditions are agreed to by the applicant. Non-compliance with any condition of the special variance shall terminate it and subject the person holding it to those provi- sions of this ordinance regulating the source of sound or acti- vity for which the special variance was granted. (e) Application for extension of time limit specified in special variances or for modification of other substantial' conditions shall be treated like applications for initial special variances under Subsection (b) above. -8- Ord. No. 81-80 (E) Appeals. ApPeals of an adverse decision of the Board of AdjuStment shall be made in accordance with appeals from the Board of Adjustment pursuant to Section 30-25(I) of the Code of Ordinances of the City of Delray Beach, Florida. Sec. 16-36. Sound levels by receiving land use. (A) Maximum permissable sound levels by receiving land use. No person shall operate or cause to be operated a source of sound as defined in Section 16-35, in such a manner as to create a sound level which exceeds the limits set forth for the receiving land use category in Subsections (a), (b) and (c), below, when measured on or within the property boundary of the receiving land use and in the manner specified in the Code~of Recommended Prac- tices, which is hereby incorporated herein by reference. (a) Sound levels by receiving land use. Receiving land use Time L:~ Sound level limit, decibel ~v Exterior Interior R-iAAA 7 A.M. through 10 P.M. 60 45 'R-1AAA-B 10 P.M. through 7 A.M. 55 45 R-1AA R-1AA-B R-lA R-1A-B RM-6 RM-10 RM-15 PRD-4 PRD-7 PRD-10 SAD (residential only) Receiving land use Time L=~ Sound level limit, decibel ~v Exterior Interior NC At all times 65 45 CC SC CBD LC . SAD (non-residential only) Receiving land use Time L59 Sound level limit, decibel Exterior Interior LI At all times 75 45 MI (b) The maximum sound levels shall not exceed the L50 limits stated above by more than 15. dB. (c) Correction for character of sound. (i) For any source of sound which emits a pure tone or an impul- sive sound, the sound level limit set forth in Section 16-36(A)(b) above shall be reduced by five dB. -9- Ord. No. 81-80 (d) Exemptions. The provisions of this Section shall not apply to: (i) Activities covered by the following: aircraft and airport operations, (ii) The unamplified human voice; (iii) Interstate railway locomotives and cars; (iv) Warning Devices required on certain vehicles by federal laws or regulations. Sec. 16-'37. Enforcement. (A) Penalties. (a) Any person who violates any provision of this ordinance shall be fined for each offense not more than 500 dollars. (b) Any person who willfully or knowingly violates any provision of this ordinance shall be fined for each offense a sum of not less than 50 dollars and not more than 500 dollars. (c) Each day a violation of any provision of this ordinance shall constitute a separate offense. (B) Abatement orders. (a) Except as provided, for in Subsection (b) below, in lieu of is- . suing a notice of violation as provided'for in Section 16-38(C) below, the City official responsible for enforcement of any provision of this ordinance may issue an order requiring abate- ment'of any source of sound or vibration alleged to be in vio- lation of this ordinance within a reasonable time period. (b) An abatement order shall not be issued: (1) For any violation governed by Section 16-37(A)(b) above or (2) When the City has reason to believe that there will not be compliance with the abatement order. (C) Notice of violation. Except where a person is acting in good faith to comply with an abatement order issued pursuant to Section 16-37(B)(a) above, violation of any provision shall be cause for a notice of vio- lation to be issued by the City of Delray Beach. (D) Citizens suits. Nothing in this Article shall be construed as prohibiting any person from commencing a civil action on his own behalf against any person who is alleged to be in violation of any' provision of this ordinance, nor shall this ordinance be construed to impair any other common law or statuatory causes of action, or legal remedies therefrom, of any person for injury or damage arising from any violation of this ordinance or from other law. Section 2. 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 3. That all ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. -10- Ord. No. 81-80 Section 4. That this ordinance shall become effective immediately upon passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the 16th day of December , 1980. MAYOR ATTEST: LEON M. WEEKES f City Clerk First Reading December 2, 1980 SeCond R~ading December 16. 1980 i -11- Ord. No. 81-80 1 CODE OF RECOMMENDED PRACTICES I. GENERAL 1.1 PURPOSE. This Code of Recommended Practices establishes u~i- form guidelines for measuring and recording noise levels for the enforcement of the Noise Control Ordinance of the City of Delray Beach, Florida (Chapter 16, Article II) whenever a complaint con- cerning a possible violation of such Ordinance is received by the City of Delray Beach. 1.2 STANDARDS. This Code of Recommended Practices should be used in conjunction with the following standards and recommended prac- tices: (1) Acoustical Terminology, American National Standards Institute Incorporated (ANSI) S1.1-1960. (2) Specification for General - Purpose Sound Level Meters, ANSI S1.4-1971. (3) Preferred Frequencies and Band Numbers for Acoustical Measurements, ANSI Sl.6-1967. (4) Method for Calibration of Microphones, ANSI S1.10-1966. (5) Specification for Octave, Half-Octave and Third Octave Band Filter Sets, ~SI S1.11-1966. (6) Specifications for Laboratory Standard Microphones, ANSI S1.12-~967. (7) Preferred Reference Quantities for Acoustical Levels, ANSI S1.8-1969. (8) Recommended Practice Qualifying A Sound Data Acquisi- tion System, Society of Automotive Engineers, Incorporated J184. (9) Standard Method for the Measurement of Sound Pressure Levels, ANSI S1.13-1971. 1.3 DEFINITIONS.. Unless otherwise defined herein this Code or within the Noise Control Ordinance, all terminology shall be in conformance with applicable publication of the American National Standards Institute, Incorporated (ANSI) or its successor body. II. INSTRUMENTATION 2.1 REQUIREMENTS. Instrumentation used in making sound level measurements shall meet the following requirements:. (1) Sound Level Meter. Sound level meters shall be of at least Type Two meeting ANSI S1.4-1971 requirements. Alter- nately, a microphone or sound level meter may be used with a magnetic tape recorder and/or graphic level recorder or indicating meter, providing the system meets at least Typ Two ANSI requirements. For measurements requiring octave band analysis, the equipment will additionally meet ANSI S1.11-1966. (2) Sound Level Calibrator. The entire sound measurement system shall be calibrated with an acoustic calibrator recommended by the manufacturer and according to the manu- facturer's recommended procedures. (3) Windscreen. An open-cell, foam windscreen recommended by the manufacturer of the sound level meter shall be used. 2.2 CALIBRATION. The instruments used for acoustical measurements shall be serviced in accordance with the manufacturer's instruc- tions. Before and after a series of measurements, the instrumenta- tion shall be calibrated acoustically according to the manufacturer's instructions and at intervals not exceeding two hours when the instrument is used longer than a two hour period. 2.3 METER OPERATION. Unles~ expressed otherwise in this Code, the sound level meter shall be operated in accordance with instrument manufacturer's instruction and as follows: (1) Microphone Location. The microphone shall be located at a height of four feet above the ground level. All micro- phone .positions shall be described in the recording of all data. (2) Microphone Orientation. The microphone shall be ori- ented in relation to the source of the sound in accordance with instrument manufacturer's instructions. Where the instruction manual is vague or does not include adequate information, a specific recommendation shall be obtained from the manufacturer. (3) Meter Setting. The meter shall be set for the A-weighted network and fast response. III. PERSONNEL 3.1 PERSONNEL. Persons selected to conduct sound measurement tests shall have received training in the techniques of sound measurement and the the operation of sound measurement instruments. 3.2 TECHNICIAN LOCATION. The technician making direct readings of the meter shall be positioned in relation to the microphone in accordance with the instrument manufacturer's instructions. Where the instruction manual is vague or does not include adequate infor- mation, a specific recommendation shall be obtained from the manu- facturer. 3.3 BYSTANDER LOCATION. During sound measurements, bystanders shall not be within~ 10 feet of the microphone or. noise source, except for a witness or trainee, who may be positioned behind the technician on a line with the technicial and the microphone. IV. MEASUREMENT PROCEDURES 4.1 The following procedure shall be used to determine if a vio- lation exists pursuant to Section 16-36 (SOUND LEVELS BY RECEIVING LAND USE) of the Noise Control Ordinance: (1) Sound Level Meter Location. (a) The sound level meter shall be located on'adjacent boundary closest to the noise source or on a lot from which the complaint arises, unless otherwise specified in the Noise Control Ordinance. - 2 - (b) If a complaint arises from a multi-story struc- ture, the height of the sound level meter shall be adjusted so that it is on a direct line between the noise source and noise receiver. (c) The microphone shall be at least three feet from any adjacent structures. (2) Exceedance of L50 Sound Level (a) Every ten seconds read the level from the sound level meter. Make a total of 25 readings. (b) Note whether the level is above or below the specified level for the land use in question for each reading. (c) Determine number of readings above and the number of readings below the specified level. (d) The specified level is exceeded if the number of readings above the specified level is greater than the number of readings below it. (e) When the nature of the conditions are such that additional investigation is judged to be required, use the procedure in (3) below to record the sound levels. The L50 can be estimated from that data. (3) Sound level exceeded 10% and 50% of the time period. (a) Every 10 seconds read the level from the sound level meter. (b) Record this level on the data sheet (Figure 1) as a check mark at the appropriate level. (c) After 50 samples, test by the confidence criterion discussed below. If the samples meet the criterion, then the measurement is complete. If not, then 50 more samples must be taken and the confidence test repeated. If the confidence criterion is still not met, addition- al groups of 50 samples must be completed until the confidence criterion is met. (d) Confidence Criterion (i) Counting down from the top of the data sheet (and from left to right within each level), circle the "test samples" · shown in Table 1. For instance, after 50 samples have been taken, then the first, the fifth and the 10th samples from the top are circled. (See Figure 1, Example 1.) (ii) If these three test samples fall into three contiguous levels, then the measurement is com- plete. Otherwise, another group of samples must be taken and tested again. (Sometimes the test samples will be even more closely packed, falling into only one or two contiguous levels. IQ these cases~ the criterion i~ also met. - 3 - (iii) If 100 or more samples have been taken, skewing is allowed. The two outer test samples (the error limits) can be shifted by one sample (not one level) both in the same direction. (See Figure 1, Example 2.) This sometimes provides the necessary accuracy without requiring further sampling. However, if the criterion is still not met after skewing, then 50 more samples must be taken and tested. (e)' Once the confidence criterion has been met, the level exceeded 10 percent of the measurement period (the second sample circled), has been determined with 95% confidence to fall between the upper and lower limit samples. The level exceeded 50% of the time is the sample determined by counting half of the samples beginning with tke top or highest one. (4) Maximum Sound Level. (a) As noise source radiates sound, read the maximum deflection of the needle of the sound level meter. (b) If possible, determine and record the minimum sound level during the period of observation. 4-.2 The following procedure shall be used to determine if a viola- tion exists pursuant to SECTION 16-36 (MULTI-FAMILY DWELLINGS) of the Noise Control Ordinance: (1) The microphone of the sound level meter shall be set at any point four feet from wall, ceiling or floor that is radiating noise and at least three feet from any adjacent structures. (2) Determine if sound is pure tone. (3) Use appropriate measurement procedure described in Section 4.1(3) or 4.1(4). (4) If possible, repeat procedure for different microphone locations. 4.3 The following procedure shall be used to determine if a viola- tion exists pursuant to SECTION 16-35(15) (AIR CONDITIONING OR AIR- HANDLING EQUIPMENT) of the Noise Control Ordinance: (1) Sound level measurements which may be required shall be measured on the A-weighting network of a sound level meter using the fast meter response. (When meter reading fluctuates, use average reading.) (2) Sound measurements shall be made as follows: (a) Measurements at the property line or center of patio shall be taken with the microphone at five (5) feet above grade level and no closer than three (3) feet from any wall. (b) Measurement outside the window of a living area of adjacent property nearest the equipment location shall be taken with the microphone not more than three (3) feet from the window opening but at least three (3) feet from any other ~u~f~ce. (3) A minimum of three (3) readings shall be taken at two (2) minute intervals. The sound level shall be the average of these readings. (4) Should the sound level exceed the sound level of Sec- tion 16-36(15) as measured above with the equipment in operation, additional measurements shall be made with the equipment not operating in order to determine its contribu- tion to the sound level. If the difference in levels ex- ceeds 4 dB with the equipment operating and not operating, the equipment shall be considered in violation of the ordi- nance and shall be modified or controlled so that the difference does not exceed 4 dB or the measurement complies with Section 6.2.16. 4.4 Re: Section 16-35(14) (MOTOR VEHICLE MAXIMUM SOUND LEVELS). Officials trained in the enforcement of the Florida Motor Vehicle Noise Prevention and Control Act of 1974, Chapter 74-110, Laws of Florida, shall follow the procedures described in Department of Environmental Regulation Rule Chapter 17-18, Vehicle Sound Measurement, Part I,~Highway Vehicle Test Procedure. V. REPORTING MEASUREMENTS ~ 5.1 INFORMATION. The following information shall be obtained and reported for each sound measurement period: (1) Dimensioned sketch or photograph of the test area showing location of sound source(s) and receiver(s). (2) Note any possible reflecting objects within test area. (3) Physical and topographical description of the ground surface. (4) Meteorological conditions, including temperature, relative humidity, wind direction and speed. (5) Equipment and settings used for sound measurement. (6) Date, time and length of measurement period. (7) Measured sound level(s). (8) Background sound level.