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

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M"._ 1' oi1~ i~005 _ 9; 56 affic Stop _.,.._.. ._... 1 1/? 3J2006 "_ PM.."~ 7: 48 ~~ ,}: r:1lfic S~QP'_,"".._.. ..__" ,_ 1 3/ 6/ 2007 1 : 46 PM Traffic Stop 1  1 ORDINANCE 1727 2 3 4 AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, 5 FLORIDA; PROVIDING FOR AUTHORITY; AMENDING 6 CHAPTER 9. 06 LOUD OR UNUSUAL NOISES PROHIBITED OF 7 THE CODE OF ORDINANCES TO AMEND THE HOURS OF USE 8 OF TOOLS, MACHINERY AND EQUIPMENT WITHIN ONE 9 HUNDRED (100) FEET OF A RESIDENTIAL ZONE, TRANSIENT 10 LODGING FACILITY OR MIXED USE RESORT; PROVIDING 11 FOR CONFLICTING PROVISIONS AND SEVERABtLlTY; AND 12 PROVIDING AN EFFECTIVE DATE. 13 14 15 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 16 FORT WALTON BEACH, FLORIDA, AS FOLLOWS: 17 SECTION I. AUTHORITY 18 The authority for enactment of this Ordinance is pursuant to the powers of the City of 19 Fort Walton Beach provided in the City Charter and section 166. 021( 1), Florida Statutes 20 ( 2006). 21 22 SECTION II. AMENDMENT TO CHAPTER 9.06, LOUD OR UNUSUAL NOISES 23 PROHIBITED, OF THE CODE OF ORDINANCES, TO AMEND SECTION 9. 06. 02, 24 PROHIBITED NOISES DEFINED. 25 26 Chapter 9. 06, Loud or Unusual Noises Prohibited, is hereby amended, as follows: 27 28 9. 06 Loud and Unusual Noi$ es Prohibited 29 30 The City has determined that the progress of development within the 31 City limits has created circumstances where the comfort and peace of residents 32 may be routinely and unreasonably disturbed. Therefore. in an effort to further 33 the welfare of citizens. the City finds that it is necessary to enact provisions 34 which will control and prohibit loud or unusual noises in the City. The City 35 further finds that prohibitions based upon a reasonable distance at which loud 36 and unusual noises are prohibited is necessary to ensure the highest protection 37 of the riQhts of citizens to free speech. free movement. and property rights. 38 39 Sec. 9. 06. 01 Prohibition 40 41 No person shall maliciously or willfully disturb the quiet of any street or 42 neighborhood, or of any family of persons, bv making prohibited noises as 43 defined in 9. 06. 02. by making loud or unusual noises; by blowing horns or other 44 instruments; by the beating of drums, pans or other things of like nature; by 45 loud and boisterous laughing, singing or screaming; or by using any other 46 device or means 'Nhate': er to disturb the peaoe. Page 1 of4 47 48 Sec. 9. 06. 02 Prohibited Noises Defined 49 50 a. Loudspeakers, amplifiers or noise devices for advertisina. The use of 51 any radio or television set. musical instrument. phonoQraph. 52 loudspeaker. sound amplifier. belt. drum. horn or other machine or 53 device for the production or reproduction of sound directed upon public 54 streets for the purpose of commercial advertisinQ or attractinQ the 55 attention of the, public to any buildinQ. structure or tent. The City 56 ManaQer may authorize and permit an exception to this subsection for 57 no more than eight hours per day and in coni unction with a special 58 commercial sale. or civic. reliQious. or Christmas event. 59 60 b. The following noises, acts and omissions that are plainly audible one 61 hundred ( 100)feet or further away from the source of the noise. act. or omission. are 62 hereby prohibited. 63 64 ( 1) Horns and other signaling devices. The sounding of any horn or other 65 signaling device on any motor vehicle on any street or public place of the 66 city, except as Volume 11151 otherwise specifically permitted or required 67 by law, or as a danger warning, and the sounding of any such device for 68 any unnecessary period of time. 69 70 ( 2) Exhausts. The discharge into the open air of the exhaust of any 71 steam engine, stationary or portable internal combustion engine, or 72 motor vehicle, except through a muffler in good repair or other device 73 that effectively prevents loud or disturbing noises, provided that where 74 such steam engine, stationary or portable internal combustion engine or 75 motor vehicle is enclosed within a building used for industrial or 76 commercial purposes, a reasonable level of such noise wil1 be permitted. 77 This subsection shall not apply to aircraft or to supporting ground 78 equipment for aircraft. 79 80 ( 3) Loudspeakers, amplifiers or noise devices for advertising. The use of 81 any radio or television set, musical instrument, phonograph, 82 loudspeaker, sound amplifier, bell, drum, horn or other machine or 83 dev:ice for the production or reproduction of sound directed upon public 84 streets for the purpose of oommercial advertising or attracting the 85 attention of the public to :: Jny building, structure or tent.Temporary 86 ex-ceptions r civic events, for civic or religious organizations or for the f{) 87 pl:) ying of music during the Christm3s season only may be authorized by 88 the city manager for such periods of time and under such conditions as 89 may be consistent with the public interest. 90 91 Q.4) Radios, television sets, phonographs, etc. The playing of any radio 92 or television receiving set, musical instrument, phonograph or other Page 2 of4 93 machine or device for producing or reproducing in such a manner sound.:, 94 as to disturb the peace, quiet and comfort of the neighboring inhabitants. 95 96 ( 4 a) Yelling, shouting, etc. Yelling, shouting, hooting, whistling, or loud 97 and boisterous lauQhinQ or singing on the public streets, or at any other 98 so as to annoy or disturb the quiet, comfort or repose of persons 99 in any office, ,or in any d'.velling, hotel or