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

circumstances where the comfort and peace of residents may be routinelv and 30 unreasonably disturbed. Therefore. in an effort to further the welfare of citizens. the City finds 31 that it is necessary to enact provisions which will control and prohibit loud or unusual noises 32 in the City. The City further finds that prohibitions based upon a reasonable distance at which 33 loud and unusual noises are prohibited is necessary to ensure the hiahest protection of the 34 riahts of citizens to free speech. free movement. and property riahts. 35 36 Sec. 9. 06.01 Prohibition 37 38 No person shall maliciously or willfully disturb the quiet of any street or 39 neighborhood, or of any family of persons, bv makina prohibited noises as 40 defined in 9. 06.02. by making loud or unusual noises; by blowing horns or other 41 instruments; by the beating of drums, pans or other things of like nature; by loud 42 and boisterous laughing, singing or screaming; or by using any other device or 43 means whatever to disturb the peace. 44 45 Sec. 9. 06.02 Prohibited Noises Defined 46 Page 1 of 4 47 a. Loudspeakers. amplifiers or noise devices for advertisina. The use of 48 anv radio or television set. musical instrument. phonoaraph. loudspeaker. 49 sound amplifier. bell. drum. horn or other machine or device for the 50 production or reproduction of sound directed upon public streets for the 51 purpose of commercial advertisina or attractina the attention of the public 52 to anv buildina. structure or tent.The City Manaaer may authorize and 53 permit an exception to this subsection for no more than eiaht hours per 54 day and in coniunction with a special commercial sale. or civic. reliaious. 55 or Christmas event. 56 57 b. The following noises. acts and omissions that are plainly audible 58 one hundred ( 100) feet or further away from the source of the noise. act. or 59 omission. are hereby prohibited: 60 61 ( 1) Horns and other signaling devices. The sounding of any horn or other 62 signaling device on any motor vehicle on any street or public place of the 63 city, except as Volume II 151 otherwise specifically permitted or required 64 by law, or as a danger warning, and the sounding of any such device for 65 any unnecessary period of time. 66 67 ( 2) Exhausts. The discharge into the open air of the exhaust of any 68 steam engine, stationary or portable internal combustion engine, or 69 motor vehicle, except through a muffler in good repair or other device 70 that effectively prevents loud or disturbing noises, provided that where 71 such steam engine, stationary or portable internal combustion engine or 72 motor vehicle is enclosed within a building used for industrial or 73 commercial purposes, a reasonable level of such noise will be permitted. 74 This subsection shall not apply to aircraft or to supporting ground 75 equipment for aircraft. 76 77 ( 3) Loudspe3kors, amplifiers or nofsO cJevfoos for adWlrt:sing. The use of 78 any radio or television set, musical instrument, phonograph, loudspeaker, 79 sound amplifier, bell, drum, horn or other machine or device for the 80 production or reproduction of sound directed upon public streets for the 81 purpose of commercial ad': ertising or attracting the attention of the public 82 to any building, structure or tent. Temporary exceptions for ciyic events, 83 for civic or religious organizations or for the playing of music during the 84 Christmas season only may be authorized by the city managor for such 85 periods of time :md under such conditions 3S may bo consistent 'tJith the 86 public interest. 87 88 (~ 4 ) Radios, television sets, phonographs, etc. The playing of any radio 89 or television receiving set, musical instrument, phonograph or other 90 machine or device for producing or reproducing in such a sound,:.. 91 manner as to disturb the peace, quiet and comfort of the neighboring 92 inhabitants. 93 Page 2 of 4 141 SECTION V. EFFECTIVE DATE. 142 143 This Ordinance shall take effect immediately upon approval by the City Council and 144 signature of the Mayor. 145 146 147 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FORT 148 WALTON BEACH, FLORIDA ON THE DAY OF , 2007. 149 150 151 152 153 MIKE ANDERSON, MAYOR 154 155 156 ATTEST: 157 158 159 HELEN A.SPENCER 160 CITY CLERK 161 Approved as to form and legal 162 sufficiency. 163 164 165 166 TONI L. CRAIG 167 CITY ATTORNEY 168 169 170 Note: Deletions are noted by strikethroughs; additions by underlines. 171 172 Codification Instructions: Section II, inserted in Chapter 9. 06 as stated. 173 Sections I, III, IV, and V are not codified. 174 175 Page 4 of4 ARTICLE II.NOISE* Page 2 of5 Sound level meter means an instrument which includes a microphone, amplifier, RMS detector, integrator or averager, output meter, and weighing networks used to measure sound pressure levels. tjl""~ Sound pressure level means twenty ( 20) times the logarithm to the base ten ( 10) of the ratio of the RMS sound pressure level to the reference of twenty ( 20) micronewtons per square meter. Source means the location of and the activity which emits noise or sound which is audible outside the source owner' s property line. Weekend means Friday 5: 00 p. m. through Sunday 10: 00 p. m. Ord. No. 131, 92, 11- 6- 89; Ord. No. 222, 92, 2- 18- 92) Sec. 14- 53. Prohibitions. It shall be unlawful, except as expressly permitted herein, to make, cause, or allow the making of any noise or sound which exceeds the limits set forth in this article for the use occupancy. Ord. No. 131, 93, 11- 6- 89; Ord. No. 222, 93, 2- 18- 92) Sec. 14- 54. Measurement of sound. a) The measurement of sound or noise shall be made with the city' s sound level meter which shall meet the standards prescribed by the American National Standards Institute ( ANSI). The instrument shall be maintained in calibration and good working order. A calibration check shall be made of the system at the time of any noise measurement. Measurements recorded shall be taken so as to provide a proper representation of the noise source. The microphone during measurement shall be positioned so as not to create any unnatural enhancement or diminution of the measured noise. A windscreen for the microphone shall be used at all times. Traffic, aircraft and other transportation noise sources and other noises shall not be considered in taking measurements except where such background noise interferes with the primary noise being measured. If the background noise interferes with the primary noise being measured, the primary noise being measured shall be limited to a level which is the greater of either the Table I value, or where combined with the ambient sound, a level which is two ( 2) decibels above the level of the ambient sound level measurement alone. b) The slow meter response of the city' s sound level meter shall be used in order to best determine that the average level has not exceeded the limits set forth for the use occupancy category in Table I below. A sound level meter with a level averaging circuit may be used. c) The measurement shall be made at or up to fifty ( 50) feet beyond the property line of the property on which such noise is generated. In the event of a complaint. the measurement shall be made at or up to fifty 50) feet beyond the property line of the property on which such noise is generated in the direction of the complainant location. Any measurement shall be at least two ( 2) minutes in duration. d) In the case of an elevated or directional sound or noise source, compliance with the noise limits shall be maintained at any elevation at the boundary. e) The ambient sound level measurement shall be measured at the same location along the property line utilized in section 14- 54( c), while the primary noise being measured is inoperative. If the primary noise being measured cannot be turned off; is not turned off or if additional sound is created to distort the ambient sound level measurement, the ambient sound level measurement will be estimated by performing a measurement in the same general area of the noise being measured. Ord. No. 131, 94, 11- 6- 89; Ord. No. 222, 94, 2- 18- 92) 14-55. Classification of use occupancies. For purposes of defining " use occupancies," all premises zoned as a residential category shall be considered residential use. All premises containing transient commercial sleeping quarters legally permitted shall be considered httn://1ibrarvl. municode. com/ mcc/DocView/ 121 O~/ l / fl9/71 ? hi1it~= noi~~'noi~~c::' 401\0007 ARTICLE II.NOISE* Page 3 0[ 5 tourist use. All premises containing business where sales, professional, or other commercial use is legally permitted shall be considered commercial use. All premises where manufacturing is legally permitted shall be r-"'sidered manufacturing use. Hospitals, nursing homes, schools, libraries, and church uses shall be considered lential uses. In other cases of multiple use zones, the more restrictive zoned use category shall prevail. Any area not otherwise classified shall conform to commercial standards. Ord. No. 131, ~ 5, 11- 6- 89; Ord. No. 222, ~ 5, 2- 18- 92) Sec. 14- 56. Maximum permissible sound levels by use occupancy. No person shall operate or cause to be operated any source of sound from any use occupancy in such a manner as to create a sound level which exceeds the limits set forth in the use occupancy category in Table I. TABLE I TABLE INSET: Use Sound Level Limit Occupancy Time dBA Category Residential 6 a. m.-- 10 p. m. 60 Non- holiday 10 p. m.-- 6 a. m. 55 weekends) Residential 6 a.