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

a. TABLE 1 notes 1. If the residential receptor is within a zoning district which allows commercial or industrial uses, within 200 feet of a property containing an existing land use of commercial or industrial, or within 200 feet of such a zoning district, the permissible sound level limits in Table 1 are increased by 5 dB( A) during daytime hours. 2. Indoor measurements for compliance with Table 1 shall only be taken if the sound source is on or within the same property as the receiving property, as in the case of a multi-dwelling unit building or a multi-use property ( e. g., sound generated within a commercial unit of a multi- use property building and received within a residential unit of the same building). In addition, indoor measurements shall be taken if the property line between the receiving property and the source property is a common wall, floor or ceiling. 2) Impulsive Sound a. No responsible entity shall make, cause, allow or permit the operation of any impulsive source of sound that has a maximum sound level in excess of eighty 80) dBA, when measured at or within the real property line of an affected person. If an impulsive sound occurs more frequently than ten ( 10) times in any hour, the levels set forth in Table 1 shall apply. At nighttime, if an impulsive sound occurs more frequently than four ( 4) times in any hour, the levels set forth in Table 1 shall apply. b. If measurements of impulsive sound are conducted indoors, the permissible limit is sixty ( 60) dBA. If an impulsive sound occurs more frequently than ten 10) times in any hour, the levels set forth in Table 1 shall apply. At nighttime, if an impulsive sound occurs more frequently than four ( 4) times in any hour, the levels set forth in Table 1 shall apply. 3) Sound Production Devices No responsible entity shall cause, suffer, allow, or permit the operation of any sound production device in such a manner that the sound crosses a property line and raises the total sound levels ( dBC) above the ambient sound level ( dBC) by more than the permissible sound level limits set forth in Table 2 when measured within the residence of an affected person according to the measurement protocols in section 9. 06. 12( 4)g. These sound level measurements shall be conducted with the sound level meter set for " C" weighting, " fast" or " impulse" response. Observations for plain audibility shall be conducted with all exterior doors and windows closed, otherwise in all respects the measurement protocols in section 9. 06. 12( 4) g apply. TABLE 2 SOUND PRODUCTION DEVICE MAXIMUM PERMISSIBLE INCREASE IN TOTAL SOUND LEVELS WITHIN A RESIDENTIAL PROPERTY Week Days 7: 00 AM— 8: 00 PM 6 dB( C) Weekend Days 10: 00 AM - 10: 00 PM Week Nights 8: 00 PM— 10: 00 PM 3 dB( C) Weekend Nights 10: 00 PM— 12: 00 PM At all other times Plainly audible within the residence of the Affected Person 4) Downtown Business and Entertainment District a. Notwithstanding limitations set elsewhere in this Chapter, the following are the only sound level limitations that apply to sound production devices operated by commercial establishments within the Downtown Business and Entertainment District. b. These limits shall apply to sound production devices within the Downtown Business and Entertainment District when measured at a distance of five ( 5) feet or more from the building, structure, or establishment from which the sound is emanating, or if observed from within the dwelling of an Affected Person if so indicated. Observations within a dwelling for plain audibility shall be conducted with all exterior doors and windows closed, otherwise in all respects, the measurement protocols in section 9. 06. 12( 4) g apply. TABLE 3 MAXIMUM PERMISSIBLE SOUND LEVEL LIMITS SOUND PRODUCTION DEVICES IN COMMERCIAL ESTABLISHMENTS DOWNTOWN BUSINESS AND ENTERTAINMENT DISTRICT Day of the Time Sound Level Limit Week Facilities Not Facilities Abutting Abutting Residential Residential Property Property Sun - Thu 10: 00 AM— 12: 00 AM 85 dBA, 95 dBC 75 dBA, 85 dBC Fri— Sat * 10: 00 AM — 2: 00 AM, the following day Mon- Fri 12: 00 AM— 1: 00 AM 75 dBA, 85 dBC 65 dBA, 75 dBC Sat- Sun * 2: 00 AM— 3: 00 AM Mon- Fri 1: 00 AM —10: 00 AM Plainly audible within the dwelling of the Sat— Sun * 3: 00 AM —10: 00 AM Affected Person The extended weekend hours also apply to legal holidays, or dates ofpublic celebration declared by the City Council. 9. 06. 07 Specific Prohibited Acts, Restricted Uses and Activities. In addition to the general prohibitions set out above and the maximum permissible sound levels set out in Tables 1 and 2, and unless otherwise exempted in this chapter, the following specific acts are hereby declared to be in violation of this chapter. This enumeration shall not be deemed to be exclusive. 1) Construction, repair and demolition: excluding emergency work, operating or permitting the operation of any tool or equipment used in construction, repair, demolition or excavation shall not be permitted between the hours of 10: 00 p. m. and 7: 00 a. m. on any day unless it can meet the limits in Table 1. At all other times, the limits set forth in Table 1 do not apply. This section shall not apply to road maintenance/ improvement on preexisting roads, on which daytime construction would prove disruptive to traffic flow. All motorized equipment used in construction and demolition activity shall be operated with a muffler. 2) Landscaping and yard maintenance: operating power tools used for landscaping and yard maintenance, excluding emergency work, within 200 feet of a residential property line shall not be permitted between the hours of 10: 00 p.m. and 7: 00 a.m. on any day unless such activities can meet the limits set forth in Table I. At all other times the limits set forth in Table 1 do not apply. All motorized equipment used in these activities shall be operated with a muffler. 3) The operation of a standby or portable generator is exempt from the limits in this chapter when there is a power outage. The regular testing/exercising of a generator must be conducted between the hours of 7: 00 AM and 10: 00 PM and for the minimum duration suggested by the manufacturer. During such testing, the sound level limit shall be 70 dBA  at the property line of any affected person. The permissible limits in Tablel apply to the operation of generators tested outside of the prescribed hours or operated when there is no power outage. No person shall at any time operate a generator during nighttime hours in a Residential District unless there is a power outage. 4) Self-contained, portable, hand- held sound production devices shall not be operated on a public space or public right- of-way in such a manner as to be plainly audible at a distance of 50 feet in any direction from the operator between the hours of 7: 00 a. m. and 10: 00 p. m. Between the hours of 10: 00 p. m. and 7: 00 a.m., such devices shall not be plainly audible at a distance of 25 feet in any direction from the operator. 5) 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 across the real property line of an affected person or between the hours of 10: 00 p.m. and 7: 00 a. m. is prohibited. When these activities are conducted during daytime hours, and do not cause a noise disturbance, the limits in Table 1 do not apply. 9. 06. 08 Animals. It shall be unlawful for any property owner or tenant to allow any domesticated or caged animal to create a sound across a real property line which creates a noise disturbance or interferes with the peace, comfort, and repose of any resident, or to refuse or intentionally fail to cease the noise disturbance when ordered to do so by a Noise Control Officer or Noise Control Investigator. Prima facie evidence of a violation of this section shall include but not be limited to: 1) Vocalizing ( howling, yelping, barking, squawking etc.) for five ( 5) minutes without interruption, defined as an average of four or more vocalizations per minute in that period., or, 2) Vocalizing for twenty ( 20) minutes intermittently, defined as an average of two vocalizations or more per minute in that period. It is an affirmative defense under this subsection that the dog or other animal was intentionally provoked to bark or make any other noise. 9. 06. 09 Motor Vehicles. 1) It is prohibited to operate or permit the operation of any motor vehicle, or any auxiliary equipment attached to such a vehicle, for a period longer than five minutes in any sixty- minute period so out of repair or in such a condition as to create a noise disturbance. 2) No motor vehicle may be operated without a properly functioning muffler on a public right-of-way. The operation of a vehicle which is unmuffled or is equipped with straight pipes is a violation of this chapter.  3) A sound production device mounted on, within, or being towed by a motor vehicle shall not be operated in such a manner that it is plainly audible at distance of 25 feet in any direction from the operator between the hours of 10: 00 p. m. and 7: 00 a. m. This provision shall not apply to a horn or traffic warning signal operated in compliance with section 9. 06. 09. 4) A sound production device mounted on, within, or being towed by a motor shall not be operated in such a manner that is plainly audible at a distance of 50 feet in any direction from the operator between the hours of 7: 00 a.m. and 10: 00 p.m. This provision shall not apply to a horn or traffic warning signal operated in compliance with section 9. 06. 09( 5). 5) The horn or signaling device on any motor vehicle may not be operated except when