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

used as a danger or traffic warning signal, and such operation must terminate when the danger has passed. 6) The registered owner of the vehicle, if present when the violation occurs, is in violation of this section. If the owner of the vehicle is not present, the violation will be served upon the person in charge or control of the vehicle, or anyone who assists in the production of the sound that is found to be in violation. 7) It shall be unlawful for a motor vehicle to audibly sound a false alarm. 8) An exterior alarm of a motor vehicle must not audibly sound for more than five minutes continuously or 10 minutes intermittently. While operating within these parameters, the limits in Table 1 do not apply. 9) It shall be unlawful to create a noise or disturbance or operate a motor vehicle in such a manner as to cause excessive squealing or other excessive noise of the tires. 10) Sound production devices on public transportation: operating, playing or permitting the operation or playing of any sound production device in any method of public transportation in such a manner that the sound from such device is plainly audible to any other person. 9. 06. 10 Content of Regulated Sound. The specific intent of this code is to regulate the times and manner as to how noise and sound may be produced and heard. Nothing in this code 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. 11 Exemptions. The following sounds are exempt from the restrictions of this chapter: 1) Construction, repair and demolition conducted pursuant to section 9. 06. 07 ( 1).  2) Landscaping and yard maintenance conducted pursuant to section 9. 06. 07 ( 2). 3) Sound from bells or chimes, which may include electronic devices that imitate the sound of bells or chimes, while being used in conjunction with ongoing religious services. 4) Unamplified sound production devices while being used in conjunction with on- going religious services. 5) Sounds associated with the pouring of concrete during nighttime hours when daytime temperatures would preclude such activity_. 6) Sound from an exterior burglar alarm of any building, provided that such alarm shall terminate within 15 minutes after it has been activated. 7) Sound used for the purposes of alerting a person of an emergency. 8) Sound from the performance of emergency work. 9) Sound from a municipally sponsored event or one for which a permit has been issued by the City. Permitted events are subject to the conditions of the permit, which may include restrictions on the hours of operation and alternative sound level limits. 10) National warning system ( NAWAS); systems used to warn the community of attack or imminent public danger such as flooding, explosion or hurricane. 11) Sounds from municipal- sponsored projects or repairs as ordered by the City Engineer or a state or county agency. 12) Motor vehicles operated on public roadways except as regulated under section 9. 06. 09. 13) The unamplified human voice, except as determined to be a noise disturbance. 14) Normal operations of aircraft ( not including scale model aircraft). 15) Sanitation vehicles on a public right- of-way. 16) Back-up alarms so long as they are self-adjusting to the ambient sound level. 9. 06. 12 Sound Level Measurement Procedures and Calculation of Corrected Source Sound Level. For the purpose of determining sound level as set forth in this chapter, the following guidelines shall be applicable: 1) All personnel conducting sound measurements shall be trained in the measurement of sound to determine compliance with this chapter. 2) Sound level meters and calibrators used to conduct measurements shall conform to the definitions of this chapter. 3) The sound level meter and calibrator shall be recertified annually by the manufacturer or at a laboratory accredited for such calibrations by either the American Association for Laboratory Accreditation or the National Institute of Standards and Technology. 4) The general steps listed below shall be followed when conducting sound level measurements: a. A field calibration check of the sound level meter shall be conducted before and after each set of measurements. If the meter drifts by more than 0. 5 dB between calibrations, all measurements taken since the last valid calibration shall be voided. b. When measurements are taken out of doors, a wind screen shall be placed over the microphone of the sound level meter as per the manufacturer's instructions. Wind speed measurements shall be taken at the sound measurement location, and sound measurements shall not be conducted when the wind speed exceeds 12 MPH. Measurements may be taken in a location where the microphone is shielded from excess wind speeds. c. The sound level meter shall be placed at an angle to the sound source as specified by the manufacturer' s instructions and at least four feet above the ground. d. Unless otherwise specified in this chapter, sound level measurements or observations shall be conducted at or within the property line of an Affected Person, at any location or elevation on their property or within their premises that reasonably represents a location at which they may be exposed to the noise. This may include but is not limited to conducting measurements at an elevated balcony or bedroom window. e. The investigator shall survey the immediate vicinity of the source or sources under investigation, in order to confirm the identity of the source( s), and to select suitable locations for the measurement of the Total Sound Level and the Ambient Sound Level. f. Total Sound Level measurements shall be conducted at or within the property lines of the affected person, unless otherwise specified in this chapter. The location of outdoor measurements, at the discretion of the investigator, should represent a location on that property which would see regular use by the affected person during the day, or be within 25 feet of the residential structure at night. The sound level meter reading shall be noted during the period of observation, excluding extraneous sounds.  g. When conducting indoor sound level measurements, the measurements shall be taken at least three feet from anv wall, floor or ceiling and all exterior doors and windows shall be closed. When measuring both Total and Ambient Sound Levels, all sound sources within the dwelling unit must be shut off e. g., television, stereo). Measurements shall not be taken in areas that receive only casual use such as hallways, closets and bathrooms. h. Ambient Sound Level measurements shall be conducted in such a manner as to quantify the contribution of the ambient sound sources to the location at which the Total Sound Measurements were conducted. If sound from the source under investigation can reasonably be discontinued, these measurements shall be conducted at the same location at which the Total Sound Level measurements were conducted while the source under investigation is not operating. If sound from the source under investigation cannot reasonably be discontinued ( pursuant to section 9. 06. 13( 2), then for purposes of enforcement of this code, the ambient sound level of a given location may be determined based upon measurements taken at a comparable site ( which includes but is not limited to comparable physical locations and time of day) in the nearby area. The choice of an alternate location or time for these measurements must take into consideration the primary source( s) of ambient sound ( e. g., a major roadway), and remain the same relative distance from that ambient sound source at the new measurement location when compared to the distance between the ambient source and the location at which the Total Sound Level measurements were conducted with traffic patterns relatively the same. The sound level meter reading shall be noted during the periods of observation, excluding extraneous sounds. i. Measurements of continuous sound are conducted with the meter set for slow response and measurements of impulse sound are conducted with the meter set for fast or impulse response. 5) The Corrected Source Sound Level shall be calculated by subtracting the Ambient Sound Level from the Total Sound Level as per Table 4 below. This procedure is utilized to determine compliance with the limits in Tables 1 and 3. TABLE 4 CORRECTION FOR AMBIENT SOUND LEVELS dB  Difference between Total Sound Correction Factor to be Subtracted Level and Ambient Sound Level from Total Sound Level TSL— ASL) to Calculate in dB Corrected Source Sound Level 0- 3 Source Level < Ambient Sound Level, Unenforceable 45 2 6- 9 1 10 or more 0 Procedure for Using Table 4 Step 1: Subtract the Ambient Sound Level from the Total Sound Level. Step 2: Refer to Table 4 to determine the correction factor for the difference calculated in Step 1. Step 3: Subtract the correction factor from the Total Sound Level. The resultant number is the Corrected Source Sound Level. 6) Compliance determination shall be based upon the Corrected Source Sound Level. a. No violation shall be based upon any exceedance that is the result of numerical rounding. b. A violation shall only be confirmed if the Corrected Source Sound Level exceeds both the permissible sound level limits in Table 1 and the measured Ambient Sound Levels. 7) Compliance determinations for Sound Production Devices pursuant to the C- Scale limits in Table 2 do not require the calculation of the Corrected Sound Level, using Table 4. The permissible limits in Table 2 are based upon the increase of the Total Sound Level above the Ambient Sound Level [