Fort Walton Beach Ordinance — 2187--Amending COO Section 9.06 Loud and Unusual Noises — reading text

READING| DATE ist 8) )a|a.02$ ORDINANCE 2187 2nd 2/24/acas| AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA, REPEALING AND REPLACING IN ITS ENTIRETY CODE OF ORDINANCES CHAPTER 9.06 TITLED LOUD AND UNUSUAL NOISES PROHIBITED; CREATING SECTION 9.06.01 TITLED INTENT; CREATING SECTION 9.06.02 TITLED DEFINITIONS; CREATING SECTION 9.06.03 TITLED EXEMPTIONS; CREATING SECTION 9.06.04 TITLED CODE VIOLATION, CODE ENFORCEMENT PENALTIES; CREATING SECTION 9.06.05 TITLED CRIMINAL VIOLATION, CRIMINAL PENALTIES; CREATING SECTION 9.06.06 TITLED CIVIL CAUSES OF ACTION; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the Legislature of the State of Florida has, in Chapter 166, Florida Statutes, conferred upon local governments the authority to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry; and WHEREAS, on June 24, 2025, the City Council discussed revisions to the City’s noise ordinance and the language included in this proposed ordinance; and WHEREAS, the City Council has received input from law enforcement, and the opinion of counsel that the City's existing ordinance is effectively impossible to enforce, and needs to be replaced with an ordinance based on the plainly audible standard; and WHEREAS, the City Council has determined that it is in the public interest to repeal and replace Chapter 9.06 Loud and Unusual Noises Prohibited to both simplify the City's noise ordinance and to make it more enforceable. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA, AS FOLLOWS: SECTION 1. AUTHORITY AND INTENT The authority for enactment of this ordinance is pursuant to the powers vested in the City by Home Rule Authority of Section 166,.021(1) of the Florida Statutes, the provisions of Chapter 162 of the Florida Statutes, and the City Charter. SECTION 2. AMENDING SECTION 11.4.03 HEARINGS. Chapter 9.06 of the City of Fort Walton Beach Code of Ordinances shall be amended as follows with additions underlined and deletions struckthreugh: 9.06 LOUD AND UNUSUAL NOISES PROHIBITED 9.06.01. Intent This chapter shall be known and cited_as the "City of Fort Walton Beach Noise Control Ordinance." The specific intent _of this section is to regulate the times and manner as to how noise and sound may be produced _and heard in areas of the City, in order to protect the health. safety, and general welfare of people of the city. Nothing in this section should be implied or interpreted to impose any prohibitions or restrictions on the message, content, or free speech of any naturally, mechanically, or electronically produced noise or sound. 9.06.02. Definitions. As used in this chapter, the following terms shall have the meanings as indicated: Construction. Any site preparation, assembly, erection, repair, alteration, or similar action, but excluding demolition of buildings or structures. Community Redevelopment District. The district established per Section 2.04.08 of this Code. Downtown Business and Entertainment District. The district whose purpose and boundaries are defined at Section 8.09.01 of this Code. Demolition: Any dismantling, destroying, or razing of structures, utilities, public or private thoroughfares surfaces, or similar property. Emergency: Any occurrence or circumstance involving actual or imminent physical death, injury or trauma to person or property which demands immediate emergency work. Emergency werk. Any work or action for the purpose of preventing or alleviating, or attempting to prevent or alleviate, an emergency, including but not limited to repairing water. gas, electricity. telephone or sewer facilities or public transportation facilities, removing fallen trees on a public right-of-way or abating life-threatening conditions. Motor vehicle. Any vehicle that is propelled_or drawn on land by an engine, motor, or battery. Muffler. A sound-dissipative device or system for abating the sounds of escaping gasses of an internal-combustion engine. Noise. For the purposes of this Chapter, any sound not in compliance with the provisions of this Chapter. Noise disturbance. Any sound not exempted in section 9.06.03, which is: (1). Plainly audible for a continuous period of one (1) minute or longer at a distance of fifty (50) feet or more when measured from the source property line. or (ID. Plainly audible for a total of two (2) minutes within a fifteen (15) minute interval. at a distance of fifty (50) feet or more when measured from the source property line. Outdoor event. Any planned assemblage of the general public held outdoors for which admission is charged and/or booths are available for rent. Outdoor events may include, but not be limited to, contests, fairs, carnivals, festivals, concerts, seasonal or annual events, competitions, car shows, art/craft shows. or other similar activities which meet the definition listed herein for outdoor events. Person. Any individual, entity, corporation, company. association. society. firm. partnership, or joint-stock company. Plainly audible. Plainly audible shall mean any sound produced by any source that can be clearly heard by a person using his or her unaided hearing faculties 50 feet or more from the source property line of the property from which the sound emits. When the particular sound involves words or phrases, sound may be deemed as "clearly heard" even though the investigating police officer or investigating code enforcement officer cannot determine the specific words or phrases being uttered_or produced. The detection of the rhythmic bass component of music is sufficient to constitute a plainly audible sound, and one need not determine the lyrics of the song, if any. . sidewalk, alley, right- Public right-of-way. Any street, avenue. boulevard. road. highwa of-way, or parking lot used by members of the general public. Sound production device. Any device whose primary function is the production of sound. including, but not limited to any musical instrument, loudspeaker, radio, television, digital or analog music player. public address system or sound-amplifying equipment. Source property line. An imaginary line that separates parcels of property, or which separates units that are part of a multi-unit building, that runs along the surface of land or water, and its vertical plane extension, which separates the real property owned, rented, or leased by a person or entity from the real property owned, rented, or leased by another person or entity. Where the real property owned, rented, or leased by_a person or entity abuts a waterbody. the term "source property line" shall mean the established normal high water elevation of the waterbody. 9.06.03. Exemptions. The following sounds are exempt from the restrictions of this chapter: 1. Any sounds originating from the Downtown Business Entertainment District between the hours of 9:00 a.m. to 11:59 p.m., Sunday through Thursday. Any sounds originating from the Downtown Business Entertainment District between the hours of 9:00 a.m. to 2:00 a.m. the next day. on Friday and Saturday. 2. Any sounds originating from the Community Redevelopment District between the hours of 9:00 a.m. to 11:59 p.m. 3. Sounds from unamplified human voices that are plainly audible between the hours of 7:00 a.m. and 10:00 p.m. 4. Live music from any establishment licensed to sell alcohol between the hours of 10:00 a.m. to 11:59 p.m. 5. Sounds made by any official military operations or activities of any branch of the United States Armed Forces. 6. Sounds from construction, repair. or demolition activities for which the city has issued_a permit, provided such activity occurs between 7:00 a.m. and 10:00 p.m. and 8:00 a.m. and 8:00 p.m. on Saturday and Sunday, with no construction activity noise allowed on observed federal holidays. 7. Sounds from construction, repair, or demolition activities related to city, county, state or federal roads, highways. or freeways. 8. Sounds associated with the pouring of concrete after sunset when temperatures in the daylight would preclude such activity. 9, Sounds coming from a permitted outdoor event between 7:00 a.m. and 10:00 p.m. 10. Sounds coming from an authorized public or private school event. 11. Sounds from any fireworks launched or exploded on July 4° December 31° and January 1", 12. Sounds from permitted public or permitted private displays of fireworks. 13. Sounds from organized athletic contests of any level between the hours of 8:00 a.m. to 10:00 p.m. 14. Sounds from lawn maintenance activities, between 7:00 a.m. and 10:00 p.m. and 8:00 a.m. and 8:00 p.m. on Saturday and Sunday. 15. Sounds from aircraft and airport activity conducted in accordance with federal laws and regulations. ° 16. Sounds from the activities of law enforcement. fire fighters, EMTs. or first responders, including training. 17. Sounds from emergency signals during emergencies. 18. Sounds from the national warning system (NAWAS) or any other systems used to wam the community of attack or imminent public danger such as flooding, explosion. or hurricane. 19, Sounds from emergency signal testing between 7:00 a.m. and 10:00 p.m. 20. Sound used for the purposes of alerting a person of an emergency during, or immediately prior to an emergency. 21. Sounds from generators used during an officially declared state of emergency. 22. Sounds from the operation of a standby or portable generator whenever there is a power outage. 23. Sounds from official City activities or any City sponsored event. 24. Sounds from outdoor events for which the organizer has been issued a special outdoor event permit by the city manager, provided it is conducted in accordance with such permit. 25. Sounds from scheduled organized activities at a City owned or operated facility. 26. Sounds from motor vehicles operating on a public right-of-way subject to F.S. § 316.293 and applicable federal criteria. 27. Sounds from refuse collection vehicles while in the process of performing their intended activities. 28. Sounds from air conditioners are exempt from all provisions of this Chapter when the 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. 29. Sounds from noises or sounds produced by. or emanating from any facilities owned or leased by, equipment owned or leased by, or individuals employed or contracted by any utility (water, gas. electric, telecommunications, etc.) serving the residents and businesses within the city. 30. Sounds from engines operating on a vessel or boat, which have not been modified to produce more sound than the engines are capable of producing at the time they are originally manufactured. 31. Sounds from vessel horns/air horns. or boat horns/air horns when lawfully used. 32. Sounds from repairing. rebuilding, modifying. or testing any motor vehicle, motorcycle. or motorboat in such a manner as to cause a frequent, repetitive. or continuous noise disturbance between the hours of 7:00 a.m. and 10:00p.m. 33. Sound from an exterior burglar alarm of any building, provided that such alarm shall terminate within fifteen (15) minutes after it has been activated, unless the property where the alarm is located has been actually burglarized. 9.06.04 Code Violation, Code Enforcement Penalties The City Manager or City Manager's designee shall have the authority pursuant to this Chapter to investigate and, if applicable. issue_a code enforcement notice of violation or civil citation in any case involving a noise disturbance. Every fifteen minutes that a noise disturbance exists shall constitute a separate violation of this Chapter. 9.06.05. Criminal Violation, Criminal Penalties. A. No person shall