Fort Walton Beach Ordinance — 2073--Noise Ordinance — reading text

single burst ( multiple pressure peaks) having a duration of less than one second. MOTORIZED EQUIPMENT Any power equipment utilizing an electric or internal- combustion engine. MOTOR VEHICLE Any vehicle that is propelled or drawn on land by an engine or motor. MUFFLER A sound- dissipative device or system for abating the sounds of escaping gasses of an internal- combustion engine. MULTI-DWELLING-UNIT BUILDING Any building wherein there are two or more dwelling units. MULTI-USE PROPERTY Any distinct parcel of land that is used for more than one category of activity. Examples include, but are not limited to: 1) A commercial, residential, industrial or public service property having boilers., incinerators, elevators, automatic garage doors, air conditioners, laundry rooms, utility provisions, or health and recreational facilities, or other similar devices or areas, either in the interior or on the exterior of the building, which may be a source of elevated sound levels at another category on the same distinct parcel of land; or, floor) 2) A building which is both commercial ( usually on the ground and residential property located above, behind, below or adjacent thereto. NIGHTTIME HOURS The hours between 10: 00 p.m. and 7: 00 a.m. NOISE For the purposes of this Chapter, any sound not in compliance with the provisions of this Chapter. NOISE CONTROL ADMINISTRATOR The City Manager, Chief of Police, or the Growth Management Director, or person(s) designated to oversee enforcement of this Chapter, to review and act upon applications for permits, and perform other duties specified herein. NOISE CONTROL OFFICER  A City of Fort Walton Beach police officer or code enforcement officer trained in the measurement of sound. Said officer is empowered to issue an order of abatement or an appearance ticket for a violation of this chapter. NOISE CONTROL INVESTIGATOR A City of Fort Walton Beach police officer or code enforcement officer who has not received noise enforcement training; however, they are knowledgeable about the provisions of this chapter. A Noise Control Investigator may only enforce the sections of this chapter that do not require the use of a sound level meter. Said officer is empowered to issue an order of abatement or an appearance ticket for a violation of this chapter. NOISE DISTURBANCE Any sound which is of such duration, volume, intensity or character so as to be: 1) injurious to human or animal life, or property; or, 2) unreasonably interferes with the comfortable enjoyment of life, property, or the conduct of business; or, 3) alarming, disturbing, or unreasonably loud, raucous, jarring, unseemly, or a nuisance to or annoying to reasonable people. PERSON Any individual, corporation, company, association, society, firm, partnership or joint- stock company. PLAINLY AUDIBLE Any sound that can be detected by an investigator using their unaided hearing faculties of normal acuity. As an example, if the sound source under investigation is a portable or vehicular sound production device, the detection of the rhythmic bass component of the music is sufficient to verify plainly audible sound. The investigator need not determine the title, specific words, or the artist performing the song. PUBLIC RIGHT-OF- WAY Any street, avenue, boulevard, road, highway, sidewalk, alley or parking lot used by members of the general public. PUBLIC SPACE Any real property or structures therein that are either owned, leased or controlled by a governmental entity or used by members of the general public. Public space includes but is not limited to parks, sports fields or lots. REAL PROPERTY LINE Either ( a) the legal boundary that separates one parcel of property ( i.e., lot and block) from another parcel; ( b) the vertical and horizontal boundaries of a dwelling unit that are part of a multi-unit dwelling building; or ( c) on a multi-use property as defined herein, the vertical or horizontal boundaries between the two portions of the property  on which different categories of activity are being performed ( e. g., if the multi-use property is a building which is residential upstairs and commercial downstairs, then the real property line would be the interface between the residential area and the commercial area, or if there is an outdoor sound source such as an HVAC unit on the same parcel of property, the boundary line is the exterior wall of the receiving unit). RESIDENTIAL PROPERTY Property used for human habitation, including but not limited to: 1) Private property used for human habitation. 2) Commercial living accommodations and commercial property used for human habitation. 3) Recreational and entertainment property used for human habitation. 4) Community service property used for human habitation. 5) Hospitals, long-term medical or residential care facilities. RESPONSIBLE ENTITY An entity that is responsible for a source of sound, including but not limited to any individual, public or private corporation, industry, or association, including condominium or co- op associations, limited liability corporations, and partnerships and limited liability partnerships. SOUND LEVEL Unless otherwise stated, the sound pressure level measured in decibels with a sound level meter set for A-weighting; sound level is expressed in dBA. Sound levels may also be measured with a sound level meter set for C-weighting, which is expressed as dBC, as specified to meet the requirements of provisions within this Chapter. SOUND- LEVEL METER An instrument used to measure sound level which conforms to Type 1 or Type 2 standards specified by the American National Standards Institute ( ANSI) Specifications for Sound Level Meters" S1. 4 or the International Electrotechnical Commission ( IEC) " Electroacoustics — Sound level meters" 61672 ( or subsequent revisions). SOUND LEVEL METER CALIBRATOR An instrument used to conduct field calibration checks of a sound level meter, and which conforms to the American National Standards Institute ( ANSI) " Specifications and Verification Procedures for Sound Calibrator" S1. 40 or the International Electrotechnical Commission ( IEC) " Electroacoustics — Sound calibrators" 60942 ( or subsequent revisions). 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. TOTAL SOUND LEVEL The measured level which represents the sum of sound from the source or sources under investigation for potential violation of this chapter and the ambient sound sources, excluding any extraneous sound, when measured on the property of an affected person or at another specified location. WEEKDAY Any day that is not a legal holiday, beginning on Monday at 7: 00 a.m. and ending on the following Friday at 6: 00 p.m. WEEKDAY NIGHT Sunday night through Thursday night, excluding nights preceding legal holidays. WEEKEND Begins on Friday at 6: 00 p.m. and ends on the following Monday at 7: 00 a.m. WEEKEND NIGHT Friday and Saturday nights and the nights preceding legal holidays 9. 06. 05 Noise Disturbance Prohibited. 1) It shall be unlawful for any responsible entity to make, cause or allow any noise disturbance, either orally, mechanically or electronically, which affects persons in the City of Fort Walton Beach. 2) Factors that shall be considered in determining whether a noise disturbance exists include, but are not limited to, the following: a. The volume ( intensity) of the noise under investigation for potential violation of this chapter. b. The volume ( intensity) of the ambient sound levels at the time of the observations. c. The time of day or night the noise occurs. d. The duration of the noise. e. Whether the nature of the noise is unnatural, harsh, tonal, impulsive, jarring, disturbing, and/ or raucous. f. The nature of the area and land use district from which the sound emanates in relation to the area and land use in which it is perceived, including the  proximity of the noise source to residential properties, parks or other public places, hospitals, nursing homes, day- care centers or schools, and houses of worship. g. Whether the noise trespasses onto residential property or into a residential dwelling and infringes upon the ability of an affected person to repose or sleep, or trespasses into a commercial establishment and infringes on the ability of an affected person to conduct normal business activities. h. Whether the emission of the noise is purposeful or unnecessary or serves no legitimate purpose. i. Whether the sound emissions are of such intensity or low frequency as to cause perceptible vibration within the dwelling or place of business of the affected person. The the noise source, and/ or j. number of complaints received regarding whether the noise source has been previously issued a warning or enforcement document. 9. 06. 06 Sound Level Limits. No responsible entity 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 1, when measured at or within the property line of an affected person. 1) Continuous Sound The limit in Table 1 may not be exceeded by incidents representing the normal, usual operation of the sound source, during any three or more sampling intervals, the duration of which shall be no less than one half minute, within any one hour period. If the total duration of the sound under investigation is less than one- and one- half minute, the requirement for a minimum of three measurements shall be waived. TABLE 1 MAXIMUM PERMISSIBLE SOUND LEVEL LIMITS BY RECEIVING LAND USE dB( A) Residential' Residential Commercial Industrial 7: 00 AM— 10: 00 PM 10: 00 PM— 7: 00 AM 24 hours 24 hours OUTDOORS 60 50 65 70 INDOORS2  50 40 55 60