Fort Walton Beach Council agenda — 05-08-2007 regular agenda — reading text

m.-- 12 a. m, 60 Holiday 12 a. m.-- 6 a. m. 55 weekends) I"') mmercial or 6 a. m.-- 10 p. m. 70 Jrist 10 p. m.-- 6 a. m. 65 vlJeekdays) Commercial or 6 a. m.-- 12 a. m. 70 Tourist 12 a. m.-- 2 a. m. 70 Weekends) 2 a. m.-- 6 a. m. 65 Manufacturing At all no sound that is generated by a source facility shall be times-- audible at the property line of the said source facility. Ord. No. 131, ~ 6, 11- 6- 89; Ord. No. 222, ~ 6, 2- 18- 92) Sec. 14-57. Exemptions. The following uses and activities shall be exempt from noise level regulations: a) Air conditioners are exempt from provisions of Table I of this article when this equipment is functioning in accord with the manufacturer' s specifications and with all manufacturer' s standard mufflers and noise- reducing equipment in use and in proper operating condition according to standards promulgated by the American Refrigeration Institute. The same exception shall apply to lawn mowers, agricultural equipment and homeowners' mechanized tools during daylight hours. b) Nonamplified crowd noises, c) Construction operations for which building permits have been issued, or construction operations not requiring permits due to ownership of the project by an agency of government; providing all equipment is operated in accord with the manufacturers' specifications and with all standard equipment, manufacturers' mufflers and noise- reducing equipment in use and in proper operating condition; and providing construction operations are limited to the hours between 6: 00 a. m. and 6: 00 p. m. d) Noises of safety signals, warning devices, emergency pressure relief valves and bells and chimes of churches. http:// libraryI. municode. comfmcc/ DocView/ I21 08/ 1/ 69171 ? hilite=noise; noises; 4/ 26/ 2007 ARTICLE II. NOISE* Page 4 of5 e) Noises resulting from any authorized emergency vehicle when responding to an emergency call or acting in time of emergency. f) Noises resulting from emergency work as defined in section 14- 52. law and for which a g) Any other noise resulting from activities of a temporary duration permitted by license or permit therefor has been granted by the city in accordance with section 14- 58. Regulation of noises emanating from operations under permit shall be according to the conditions and limits stated on the permit and contained in section 14- 58. h) Noises made by persons having obtained a permit to use the streets. i) All noises coming from the normal operations of aircraft ( not including scale model aircraft). U) Those motor vehicles controlled by Florida Statutes, Section 316.293( 1988), but not those motor vehicles exempted from coverage, k) a) and ( b), ( 1988). Motor vehicles defined in Florida Statutes, Section 316. 293( 6)( I) Vessels operated on the waters of the city muffled pursuant to Section 327. 65, Florida Statutes. Ord. No. 131, 97, 11- 6- 89; Ord. No. 222, 97, 2- 18- 92) Sec. 14- 58. Special permits. Applications for a special permit for relief from the maximum allowable noise level limits designated in this article may be made in writing to the city manager or his designee. Any special permit granted by the city manager or his designee hereunder must be in writing and shall contain all conditions upon which said special permit shall be effective. The city manager, or his designee, may grant the relief as applied for under the following conditions: a) The city manager or his designee may prescribe any reasonable conditions or requirements as deemed necessary to minimize adverse effects upon the community or the surrounding neighborhood, including use of mufflers, screens or other sound- attenuating devices. b) Special permits for entertainment. Special permits may be granted for the purpose of entertainment under the following conditions: 1) The function must be open to the public ( admission may be charged). 2) The function can take place on either public or private property. 3) The function must be staged between the hours of 9: 00 a. m. and 12: 00 midnight. 4) The function must not be an ordinary event in the affairs of the applicant. 5) A special permit for entertainment may be issued for no longer than three ( 3) consecutive days and is nonrenewable. 6) If the function is to recur, it shall not recur more than four (4) times each calendar year. c) Special permits for non- entertainment. Special permits for non- entertainment special purposes may be issued under the following conditions: 1) If the special purpose relates to the operation of a trade or business but is not in the a. ordinary course of that trade or business; or, b. If the special purpose does not relate to the operation of a trade or business and is not be an ordinary event in the affairs of the applicant; and 2) If the special purpose is a recurring purpose but does not recur more often than four ( 4) times each calendar year; and 3) a. That the special purpose be absolutely necessary to the operation of the applicant' s trade or business; or b. If the special purpose does not relate to the operation of the trade or business, that View/121 08/1 / 69171 ?hilite= noise;noises; 4/ 2612007 http:// libraryl. municode.comlmcc/ Doc ARTICLE II. NOISE* Page 5 of 5 the special purpose be compatible with the ordinary activities of the neighborhood in which the special purpose is to occur; and 4) Except in emergency situations, as determined by the city manager, the special permit may be issued only for four ( 4) hours between 7: 00 a. m. and 11 : 00 p. m. on weekdays and 1 : 00 p. m. and 11 : 00 p. m. on weekend days. 5) Special permits may be issued for no longer than fifteen ( 15) consecutive days, renewable by further application to the city manager. d) No special permit may be issued to permit the use of any loudspeaker or sound- amplifying device on the exterior of any building which at any time exceeds the sound level limits in Table I except those used for emergency warnings. Ord. No. 131, ~ 8, 11- 6- 89; Ord. No. 222, ~ 8, 2- 18- 92) Sec. 14-59. Violations and penalties. a) No acts proscribed by this article shall be deemed a violation thereof, unless and until the following conditions have been met: 1) The city manager or his designee has issued a written warning to the offender. 2) Within seven ( 7) days, the person or party causing such excessive and unnecessary noise has persisted in the creating of such noise. b) Any person who, after meeting the conditions outlined in subsection 14- 59( a) above, violates any of the provisions of this article shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in an amount not exceeding five hundred dollars ($ 500. 00). Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such hereunder. c) Any person or persons entitled to lawfully possess or who claims lawful possession of such property at the particular time involved shall each be responsible for compliance with this article and each may be punished for its violation as may the person actually causing such sound. Ord. No. 131, ~ 9, 11- 6- 89; Ord. No. 222, ~ 9, 2- 18- 92) Sec. 14- 60. Additional remedies. The operation or maintenance of any device, instrument, vehicle or machinery in violation of any provisions hereof which endangers the comfort, repose, health and peace of residents in the area is declared to be a public nuisance and the City of Destin is authorized to pursue any and all remedies therefore. Nothing herein shall be construed to limit any private right of action. Ord. No. 131, ~ 10, 11- 6- 89) Secs. 14- 61-- 14- 70. Reserved. httn:// librarvl. municode. com/ mcclDoc View/ 121 OR/ I/ 6QI71 ?hi1 ite= noi~ e: noi~e~' 4/? h/? 007 752 So.2d 124 Page 1 752 So. 2d 124, 25 Fla.L.Weekly D617 Cite as: 752 So. 2d 124) H ill Constitutional Law 92 ~ 90( 3) Daley v. City of Sarasota Fla.App. 2 Dist.,2000. 92 Constitutional Law 92V Personal, Civil and Political Rights District Court of Appeal of Florida, Second District. 92k90 Freedom of Speech and of the Press Arthur F. DALEY, Petitioner, 92k90( 3) k. Limitations on Doctrine in v. General. Most Cited Cases CITY OF SARASOTA, Respondent. No. 2D99- 2740. Constitutional Law 92 ~ 90. 1( 4) March 8, 2000.