Fort Walton Beach Council agenda — 01-25-11 special — reading text

shall be audible at the property line of the said source facility. as 4. 2 Okaloosa Coun c c c The following applicable sound level limits are established for the following applicable times when a L O measured at or inside the property lines of the following applicable land use categories: a Receiving Land Use Category Time Sound Level Limit (dBA) Z CM 7 :00 a. m. - 1 - 0: 00 p.m. 60 T Single -family residential dwelling ( *) r 10: 00 p.m. - 7: - 00 a. m. 55 1. ( *)Single -family residential dwelling lot not in an Agricultural, or Industrial Zoning District, any other lot zoned for residential use, property south and east of U.S. Highway 98 in Santa Rosa Island Subdivision restricted to B 1 or B2 use, noise sensitive zones, or multi -family residential dwelling units or lots not in an Agricultural, Business or Industrial Zoning District. 2. The allowable noise level shall be reduced by five ( 5) dBA for impulse or pure tone noises, or for noises consisting of amplified speed or music. 3. The land use categories set forth above shall be subject to existing special exceptions, non -conforming uses and variances. 4. 3 Mary Esther All unnecessary or unauthorized noises and annoying vibrations, including animal noises as in accordance with Okaloosa County Ordinance 91 - 1 as amended May 1, 1998, which is herein incorporated and made part of this article. 4. 4 Valpariso Noise means any sound which, because of its volume level, duration and character, annoys, disturbs, injures or endangers the comfort, health, peace or safety of reasonable persons of ordinary sensibilities, within the limits of the city. This will include but not be limited to: 1) Engine exhaust. The discharge into the open air of the exhaust of any steam engine or internal combustion engine except through a muffler or other device which will effectively prevent loud and raucous noises therefrom. 2) Motor vehicle repair. The repair or maintenance of any motor vehicle, use of power tools or hammering tools that create a loud and raucous sound which disturbs or annoys people in a residential area between 8: 00 p.m. and 7: 00 a.m. 3) Barking dogs. 4. 5 Shalimar It shall be unlawful to disturb maliciously or willfully the quiet of any street or neighborhood, or of any family or person, by making loud or unusual noises, by blowing horns or other instruments, by the beating of drums, pans or other things of like nature, by loud and boisterous laughing, singing, screaming, or by using any other device or means whatever, including but not limited to any radio or television set, phonograph, sound amplifier, loudspeaker, or other machine or device for the producing or reproducing of sound, hand or power tool, unauthorized siren, engine or motor vehicle, so as to disturb the peace. 4. 6 Crestview a) It shall be unlawful for any person to willfully make, continue or cause to be made or continued any loud and raucous noise, which term shall mean any sound which, because of its volume level, duration and character, annoys, disturbs, injures or endangers the comfort, health, peace or safety of repose, reasonable persons of ordinary sensibilities within the limits of the city. b) The following acts, among others, are declared to be loud and raucousnoises in violation of this section, which enumeration shall not be deemed to be exclusive: 1) Horns and signaling devices. The sounding of any horn or signaling device on any automobile, o motorcycle or other vehicle on a street or public place of the city, except as a danger warning; the creation Z by means of any such signaling device of any unreasonably loud or harsh sound; the sounding of any such device for an unnecessary and unreasonable period of time; the use of any signaling device except one operated by hand or electricity; the use of any horn, whistle or other device operated by engine exhaust; and the use of any such signaling device when traffic is for any reason held up. The use of sirens, except c by authorized emergency vehicles, is prohibited. E 2 ) Radios, phonographs and similar devices. The using, operating or permitting to be played, used or 0 operated any radio receiving set, television set, boom box set, musical instrument, phonograph or other c machine or device for the producing or reproducing of sound in such a manner as to disturb the peace, quiet and comfort of the neighboring inhabitants or at any time with louder volume than is necessary for c convenient hearing for the persons who are in the room, vehicle or chamber in which the machine or ai device is operated and who are voluntary listeners thereto. The operation of any device between the hours of 11: 00 p.m. and 7: 00 a.m. in such a manner as to be plainly audible at a distance of 50 feet from the m building, structure or vehicle in which it is located shall be prima facie evidence of a violation of this subsection. c 3) Loud vocal noise. Vocal noises made in a loud and raucous manner between the hours of 11: 00 p.m. and 7: 00 a. m., so as to annoy or disturb the quiet, comfort or repose of persons in any office or other place p of business, or in any dwelling, hotel or other type of residence. N 4) Construction or repairing of buildings. The erection, including excavation, demolition, alteration or o Z repair, p of any buildingg other than between the hours of 7: 00 a.m. and 6: 00 p.m. on weekdays, except in the case of urgent necessity in the interest of the public health and safety, and then only with a permit aD from the building inspector should he determine that the public health and safety will not be impaired by s the erection, demolition, alteration or repair of any building or the excavation of streets and highways within the hours of 6: 00 p. m. and 7: 00 a.m., and if he shall further determine that loss or inconvenience a would result to any parry in interest, he may grant permission for such work to be done within the hours of 6: 00 p.m. and 7: 00 a.m., upon•application being made at the time the permit for the work is awarded or during the progress of the work. 5) Schools, courts, churches, hospitals, medical facilities. The creation of any excessive noise on any street adjacent to any school, institution of learning, medical facility, church or court, while the same is in use, or adjacent to any hospital, which unreasonably interferes with the workings of the institution or which disturbs or unduly annoys patients in a hospital; provided, that conspicuous signs are displayed in such streets indicating that such street is a school, medical facility, hospital, or court street. 6) Construction equipment. The operation between the hours of 6: 00 p.m. and 7: 00 a.m. and at any time on Sundays of any pile driver, steam or power shovel, pneumatic hammer, derrick, steam or electric hoist or other appliance, the use of which is attended by loud or unusual noise.  4A. a 7) Electronic sound amplification. The use of electronic sound amplification equipment in such a manner as to produce a sound which is capable of being heard at a point in excess of 50 feet from the source thereof between the hours of 11: 00 p.m. and 7: 00 a. m. is prohibited in the following zones: agriculture district, one ( single) family district, multiple- family district and commercial district. c) The provisions of subsections ( b)( 1) through ( 7) are intended to be construed to secure for the people freedom from unwanted loud and raucous noise as described in this section without violating any of the rights secured by the Constitution to the people, and are not intended, nor shall they be construed, to regulate the usual and customary noise incidental to urban life. as c c L O O Z T r r  i 4.1. b ORDINANCE XXXX EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAIP INE CITY OF FORT WALTON BEACH, FLORIDA AS 0