Fort Walton Beach Ordinance — 1727 ‎(FAILED)‎ Loud & Unusual Noise — reading text

II'\( cf-o? PO/~ j 1 ORDINANCE 1727 c)-f/ 2 3 4 AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, 5 FLORIDA; PROVIDING FOR AUTHORITY; AMENDING 6 CHAPTER 9. 06 LOUD OR UNUSUAL NOISES PROHIBITED OF 7 THE CODE OF ORDINANCES TO AMEND THE HOURS OF USE 8 OF TOOLS, MACHINERY AND EQUIPMENT WITHIN ONE 9 HUNDRED (100) FEET OF A RESIDENTIAL ZONE, TRANSIENT 10 LODGING FACILITY OR MIXED USE RESORT; PROVIDING 11 FOR CONFLICTS AND SEVERABILITY; AND PROVIDING AN 12 EFFECTIVE DATE. 13 14 15 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 16 FORT WALTON BEACH, FLORIDA, AS FOLLOWS: 17 SECTION I. AUTHORITY 18 The authority for enactment of this Ordinance is pursuant to the powers of the City of 19 Fort Walton Beach provided in the City Charter and section 166. 02~( 1), Florida Statutes 20 2006) . 21 SECTION II. AMENDMENT TO CHAPTER 9.06, LOUD OR UNUSUAL NOISES 22 PROHIBITED, OF THE CODE OF ORDINANCES, TO AMEND SECTION 9.06.02, 23 PROHIBITED NOISES DEFINED. 24 25 Chapter 9.06, Loud or Unusual Noises Prohibited, is hereby amended, as follows: 26 27 9.06 Loud and Unusual Noises Prohibited 28 The City has determined that the Droaress of develoDment within the City limits has 29 created circumstances where the comfort and oeace of residents may be routinelv and 30 unreasonablv disturbed. Therefore. in an effort to further the welfare of citizens. the City finds 31 that it is necessary to enact Droyisions which will control and Drohibit loud or unusual noises 32 in the Citv. The City further finds that Dfohibitions based uoon a reasonable distance at which 33 loud and unusual noises are Drohibited is necessary to ensure the hiahest orotection of the 34 riahts of citizens to free soeech. free movement. and Drooertv riahts. 35 36 Sec. 9.06.01 Prohibition 37 38 No person shall maliciously or willfully disturb the quiet of any street or 39 neighborhood, or of any family of persons, by makina Drohibited noises as 40 defined in 9.06. 02. by making loyd or YRysyal noises; by blowiRg Rams or otRer 41 instrymonts; by tl:1o beating of Etrums, paRs or otRor thiRgS of like natYFe; by loYd 42 and boisterous laygl1:iRg, singing or sCFeaming; or by using any other de-lice or 43 means ' Nl1:atev r to disturb the peace. 44 45 Sec. 9. 06. 02 Prohibited Noises Defined 46 Page 1 of 4  47 48 49 50 M g(. 54 Q 55 56 57 58 59 60 b. The following noises, acts and omissions that are Dlainlv audible one 61 hundred ( 100)feet or further away from the source of the noise. act. or omission, are 62 . hereby prohibited. 63 64 1) Horns and other signaling devices. The sounding of any horn or other 65 signaling device on any motor vehicle on any street or public place of the 66 city, except as Volume 11151 otherwise specifically permitted or required 67 by law, or as a danger warning, and the sounding of any such device for 68 any unnecessary period of time. 69 c 70 71 2) Exhausts. The discharge into the open air of the exhaust of any steam engine, stationary or portable internal combustion engine, or 72 motor vehicle, except through a muffler in good repair or other device 73 that effectively prevents loud or disturbing noises, provided that where 74 such steam engine, stationary or portable internal combustion engine or 75 motor vehicle is enclosed within a building used for industrial or 76 commercial purposes, a reasonable level of such noise will be permitted. 77 This subsection shall not apply to aircraft or to supporting ground 78 equipment for aircraft. 79 80 3) Loudspeakers, ::Jmp!ifieF8 or Raise devioos for 3.dveft.~ing. The use of any radio or television set, musical instrument, phonograph, loudspeak.er, sound amplifier, bell, drum, horn or other machine or d6'Jice for the production or reproduction of sound directed upon public streets for the pUFpose of commercial advertising or attracting the attention of the public to any building, structure or tent.Tempomry exceptions for civic events, for civic or religious organizations or for the .] playing of music during the Christmas season only may be authoriiZed by . the city managor for such periods of time and under such conditions as may be consistent 'Nith the public interest. @ 4) Radios, television sets, phonographs, etc. The playing of any radio or television receiving set, musical instrument, phonograph or other c Page 2 of4  93 machine or device for producing or reproducing in such a manner sound.:,. 94 as to disturb the peace, quiet and comfort of the neighboring inhabitants. 95 96 1 a) Yelling, shouting, etc. Yelling, shouting, hooting, whistling, or loud 97 and boisterous lau~ hinQ or singing on the public streets, or at any other 98 so as to annoy or disturb the quiet, comfort or repose of persoRs 99 in any office,, or in any d'Nelling, hotel or other type of residence, or of place:. 100 any person in the vicinity. 101 102 € Domestic pets. The keeping of any domestic bird or animal which @ i) 103 emits frequent or long continued So as to disturb the peace, quiet noise.:- 104 and comfort of the neighboring inhabitants. 105 106 Q 7) Tools. The use in a residential zonE) or in the vicinity of a hotel or 107 motel transient lodging facility or mixed use resort or in a commercial 108 zone adjacent to any resideRtialland use of hand or power tools or 109. maohinery or equipment, resulting in loud and disturbing noises, 110 between the hours of 10: 00 p. m. and 7: 00 a. m. The use of hand tools. 111 power tools. mac~inerv or eQUiDment. between the hours of 10: 00 D. m. 112 and 7: 00 a.m. is prohibited. 113 114 I 3) Hawkers, peddlers and vendors. The shouting and crying of 115 peddlers, hawkers or vendors on any public street or place or on private c_ 117 116 property so closely adjacent thereto that crowds may be collected and traffic obstructed thereon. 118 119 @ 9) Sirens. The sounding of sirens on escort services, except where 120 specifically required or permitted by law and not for the purpose of 121 calling attention to a vehicle or caravan, and the sounding of a siren on 122 an ambulance, except when operated in response to an emergency call 123 and when reasonably necessary to warn pedestrians and other drivers of 124 the approach thereof. 125 126 9. 06. 03 Exceptions to Prohibited Noises 127 128 None of the preceding provisions shall apply to emergency situations where life, 129 health or property is at stake or to intermittent situations arising out of industrial 130 research and development work carried on in areas zoned for industrial 131 nor to those normal situations of community life where noise is purposes, 132 inherent and has long been accepted by the community, such as activities 133 during school recess and at public parks and athletic contests. 134 135 SECTION III. CONFLICTING PROVISIONS. 136 If any ordinance or parts of any ordinance are in conflict with this ordinance, the 137 provisions of this ordinance shall prevail. c 138 139 SECTION IV. SEVERABILITY. Page 3 of4  140 Should any section or provision of this ordinance, or any portion thereof, be 141 declared by a court of competent jurisdictiQn to be invalid, such decision shall not affect 142 the validity of the remainder, as a whole or any part hereof, other than that part declared 143 to be invalid. 144 145 SECTION V. EFFECTIVE DATE. ~ cO~ UU- \ {\ Jt ~ 7 0.- ' jiJl'1}ft~;~ v ~ 146 I 147 This Ordinance shall take effect immedia~ L: upon approval by the City C& 1fahci~ . kJ 148 and signature of the Mayor. 149 f-- ~- 150 b~ ~ 151 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY oF: ~ OR,tD , 152 WALTON BEACH, FLORIDA ON THE DAY OF , 2007. 153 154 155 156 157 MIKE ANDERSON, MAYOR 158 159 160 ATTEST: 161 162 C. 163 164 HELEN A.SPENCER CITY CLERK 165 Approved as to form and legal 166 sufficiency. 167 168 169 170 TONI L.CRAIG 171 CITY ATTORNEY 172 173 174 Note: Deletions ~ re noted by strikethroughs; additions by