HomeMy WebLinkAbout2013 02 25 Public Hearing 500 Ordinance 2013-02, Second Reading Noise OrdinanceCOMMISSION AGENDA
ITEM 500
February 25, 2013
Regular Meeting
Informational
Consent
Public Hearings
X
Regular
KS
City Manager Department
REQUEST:
The City Attorney, City Manager, and Police Chief request that the City Commission adopt
on Second and Final Reading Ordinance No. 2013 -02 which proposes to update the City's
noise regulations.
SYNOPSIS:
In 2005, the City Commission adopted a comprehensive noise ordinance regulating noise
disturbances and establishing new sound based numeric noise standards. This Agenda Item
proposes an update to the 2005 noise ordinance. Specifically, during the previous year, the
City investigated and handled numerous noise complaints regarding low frequency sounds
generated from a business that permitted outdoor amplified music. The City retained the
assistance of sound expert, John MacDonald, P.E., Ph.D, to assist in evaluating the
complaints and effectiveness of the City's current noise ordinance, particularly related to
low frequency sounds.
Based on Dr. MacDonald's evaluation and recommendation, City staff believes that the
noise ordinance must be updated because it does not effectively assist law enforcement in
dealing with noise disturbances caused by low frequency type sounds. The Police Chief is
also recommending changes to the enforcement section of the noise ordinance to authorize
arrests for certain serious violations of the City's noise ordinance. Additionally, several
legal updates to the City's noise ordinance are being recommended by the City Attorney to
address recent case law developments since 2005.
CONSIDERATIONS:
1. In 2005, the City Commission adopted a comprehensive noise ordinance (Ord. 2005 -16)
Public Hearings 500 PAGE 1 OF 4 - February 25, 2013
which included establishing, for the first time, new sound based numeric noise standards.
2. Prior to adopting the 2005 Ordinance, the City retained Dr. Roger Wayson from the
University of Central Florida to conduct a local acoustic sampling (field study) to establish
the local soundscape inside the City and to assist in drafting a new noise ordinance based
on existing sound levels and the desired serenity within the City. Dr. Wayson prepared a
comprehensive report of his findings and recommendations which the City Commission
relied upon to adopt the 2005 Ordinance. Dr. Wayson no longer resides in Central Florida.
3. During the previous year, the City's Police Department dealt with numerous noise
complaints from residents as a result of loud music being generated from the now closed,
Kee -Wee Entertainment Center, which was located at the corner of S.R. 434 and S.R. 419.
While investigating and handling these complaints, the City retained a sound expert, John
M. MacDonald, P.E., Ph.D, to assist in evaluating the situation at hand. As a result of
investigating the complaints, the City realized that the current noise ordinance standards do
not provide a good measure for low frequency sounds, particularly loud base music.
Hence, the current noise ordinance does not effectively assist law enforcement in dealing
with noise disturbances caused by low frequency type sounds
4. In general, low frequency sounds can be described as those sounds that can be "felt,"
cause windows to rattle, and travel for long distances. Low frequency sounds also are
much more effective at transmission through walls and structures than higher frequency
sounds. Low frequency sounds may appear in the community environment not only in the
form of music, but can occur, by way of further example, from exhaust fans, roof -top
HVAC units and industrial heavy truck movement.
5. Dr. MacDonald has prepared a written report offering recommendations to improve the
performance of the City's noise ordinance relative to low frequency sounds. Dr.
MacDonald's report is attached to the Agenda Item ( "Report"). Dr. MacDonald will be in
attendance at the City Commission meeting to explain and discuss his Report.
6. In very general terms, the Report recommends that the City establish a Leq based dBC
criteria in the range of 65 -70 dBC.
7. Other technical recommendations set form in the Report include:
a. Revise the City's noise ordinance metric to Ten - minute Equivalent Level (Leglomin).
b. Add background sound level verification to the City's noise ordinance to ensure that
measured sound levels from the source are significantly higher than background conditions
and eliminate the possibility of a violation of a source due to sounds not generated by that
source.
c. Remove the pure tone section from the City's noise ordinance as experience has shown 1)
this portion of the ordinance has not been used since its inception in 2005 and 2) as it is
written it is not currently possible for a Winter Springs' noise control officer to measure and
identify pure tones.
d. Modify and remove several ordinance definitions.
8. In addition, the City Attorney is recommending several other legal updates to the City's
noise ordinance as a result of more recent case law. Further, the City Manager is
recommending that the special event variance section be amended to authorize the City
Manager to approve such variances. Also, recognize that special events authorized and
Public Hearings 500 PAGE 2 OF 4 - February 25, 2013
sponsored or co- sponsored by the City at public event locations authorized by the City are
deemed to be granted a variance under the noise ordinance because during the event
planning process, appropriate safeguards are put in place by the City to mitigate against
potential noise disturbances during special events.
9. Furthermore, the Police Chief is recommending that Division 7. Enforcement be
amended to expressly authorize law enforcement officers to make arrests for certain serious
violations of the City's noise ordinance in cases where the violator is either: (i) willfully and
knowingly violating an order of the code enforcement board or an order of a court of
competent jurisdiction which was issued for purposes of abating future noise disturbances;
(ii) willfully or knowingly violating an order of a law enforcement officer to abate a noise
disturbance regarding a "repeat violation," as that term is defined in the Florida Statutes; or
(iii) willfully or knowingly creating a noise disturbance that causes harm to or immediately
threatens life and /or property or threatens an immediate breach of the peace. Violations
subject to arrest are subject to penalties authorized by Florida law including imprisonment
for up to 60 days and fines up to $500.00.
10. The City Commission passed Ordinance 2013 -02 on First Reading on February 11,
2013.
FISCAL IMPACT:
There is no direct fiscal impact related to the adoption of the Ordinance. However,
additional electronic equipment will need to be purchased by the Police Department in order
to adequately enforce the new low frequency sound standards set forth in Ordinance 2013-
02.
The estimated cost of the electronic equipment is approximately $ 5,300.00. Also, the
electronic equipment will likely need annual routine maintenance and the cost of that
maintenance will be funded from the Police Department's recurring annual equipment
maintenance budget which is approved annually by the City Commission.
COMMUNICATION EFFORTS:
This Agenda Item has been electronically forwarded to the Mayor and City Commission,
City Manager, City Attorney /Staff, and is available on the City's Website, LaserFiche, and
the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the
respective Meeting Agenda which has also been electronically forwarded to the individuals
noted above, and which is also available on the City's Website, LaserFiche, and the City's
Server; has been sent to applicable City Staff, Media/Press Representatives who have
requested Agendas /Agenda Item information, Homeowner's Associations/Representatives
on file with the City, and all individuals who have requested such information. This
information has also been posted outside City Hall, posted inside City Hall with additional
copies available for the General Public, and posted at five (5) different locations around the
City. Furthermore, this information is also available to any individual requestors. City Staff
is always willing to discuss this Agenda Item or any Agenda Item with any interested
individuals.
Additionally, this Ordinance was advertised in the Orlando Sentinel Newspaper on February
14, 2013, as shown on Attachment "3." of this Agenda Item.
advertised on
Public Hearings 500 PAGE 3 OF 4 - February 25, 2013
RECOMMENDATION:
The City Attorney, City Manager, and Police Chief recommend that the City Commission
adopt Ordinance No. 2013 -02 on Second and Final Reading.
ATTACHMENTS:
1. Ordinance 2013 -02 (21 pages)
2. Report Prepared by Sound Expert, John M. MacDonald, P.E., Ph.D., dated January 31,
2013 (20 pages)
3. Copy of the Legal Advertisement (1 page)
Public Hearings 500 PAGE 4 OF 4 - February 25, 2013
Attachment 1
ORDINANCE NO. 2013-02
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, FLORIDA AMENDING
CHAPTER 13, ARTICLE II. NOISE, OF THE CODE OF
ORDINANCES; AMENDING DEFINITIONS; MODIFYING
MAXIMUM PERMISSIBLE SOUND LEVELS BY
RECEIVING LAND USE; AMENDING PENALTIES;
PROVIDING FOR OTHER MISCELLANEOUS
AMENDMENTS; PROVIDING FOR THE REPEAL OF PRIOR
INCONSISTENT ORDINANCES AND RESOLUTIONS,
SEVERABILITY, AND AN EFFECTIVE DATE.
WHEREAS, the City is granted the authority under Section 2(b), Article VIII, of the State
Constitution to exercise any power for municipal purposes, except when expressly prohibited by law;
and
WHEREAS, the City Commission previously adopted comprehensive noise regulations
as provided in Ordinance No. 2005 -16 to address excessive sound which constitutes a serious hazard
to the public health and welfare, safety, and the quality of life of the citizens of the City of Winter
Springs; and
WHEREAS, the citizens of the City of Winter Springs should continue to have a right to and
should be ensured an environment free from excessive sound and vibration that may jeopardize their
health or welfare or safety or degrade the quality of life; and
WHEREAS, the regulation of sound and noise in public areas is an important function of
government. See Davis v. State, 710 so. 2d 635 (Fla. 5th DCA 1998); and
WHEREAS, protecting the public from excessively loud noise is a compelling state interest.
See Grayned v. City of Rockford, 408 U.S. 104 (1972) ( "If overamplified loudspeakers assault the
citizenry, government may turn them down.") (citing Kovacs, 336 U.S. at 80, 69 S.Ct. 448, and Saia,
334 U.S. at 562, 68 S.Ct. 1148); and
WHEREAS, a municipality has constitutional and statutory power to prescribe incarceration
as apenalty for violation of a municipal ordinance. See Thomas v. State, 583 So. 2d 336 (Fla. 1991);
and
WHEREAS, the City has contracted with Dr. John M. MacDonald, P.E., Ph.D, for the
City of Winter Springs
Ordinance No. 2013 -02
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purpose of conducting an extensive study of the City's current Noise Ordinance and to make
recommendations for updating said Ordinance; and
WHEREAS, the amendments to the City's Noise Ordinance set forth herein are based on
the City of Winter Springs Noise Ordinance Review and Recommendation Report, dated January 31,
2013, prepared by Dr. MacDonald, which sets forth a recommended amendments addressing the
City's existing sound levels and desired serenity within the City; and
WHEREAS, in addition to Dr. MacDonald's recommendations, several amendments set
forth herein have been recommended by the City's Police Chief, whose department is primarily
responsible for enforcing the provisions of the City's Noise Ordinance, as well as recommendations
received from the City Attorney based on evolving case law; and
WHEREAS, the City Commission finds that the limitations on noise within the City of
Winter Springs, as provided herein, are unrelated to viewpoint and the content of any message, and
will further the City's legitimate and substantial government interest in minimizing noise pollution;
and
WHEREAS, the City Commission finds that the goals of this Ordinance are unrelated to the
suppression of free expression; and
WHEREAS, the City Commission finds that section 13 -30 is intended to be a general
prohibition standard that is applicable at all times notwithstanding the specific prohibitions set forth
in section 13 -31; and
WHEREAS, the City Commission of the City of Winter Springs, Florida, hereby finds this
Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Winter
Springs.
NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER
SPRINGS HEREBY ORDAINS, AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are hereby incorporated herein by this
reference.
Section 2. Code Amendment. The City of Winter Springs Code, Chapter 13, is hereby
amended as follows: (underlined type indicates additions and btrikcout type indicates deletions,
while asterisks (* * *) indicate a deletion from this Ordinance of text existing in Chapter 13. It is
intended that the text in Chapter 13 denoted by the asterisks and set forth in this Ordinance shall
City of Winter Springs
Ordinance No. 2013 -02
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remain unchanged from the language existing prior to adoption of this Ordinance).
CHAPTER 13. NUISANCES
* * *
ARTICLE II. NOISE
DIVISION 1. GENERALLY
Sec. 13 -26. Purpose and Scope.
(a) The purpose of this Article is to regulate and reduce the ambient sound levels
originating within the city in order to preserve, protect and promote the public health, safety
and welfare, and the peace and quiet of the inhabitants of the city, prevent injury to human,
plant and animal life and property, foster the convenience and comfort of its inhabitants, and
facilitate the enjoyment of the natural attractions of the city. It is the public policy of the city
that every person is entitled to ambient sound levels that are not detrimental to life, health
and enjoyment of his or her property. It is hereby declared that the making, creation or
maintenance of excessive or unreasonable sound within the city affects and is a menace to
the public health, comfort, convenience, safety, welfare and the prosperity of the people of
the city. The provisions and prohibitions hereinafter contained and enacted are for the above -
stated purpose.
(b) This Article shall apply to the control of all sound originating within the city limits
of the City of Winter Springs.
(c) This article does not apply to those noises, the control of which is expressly
preempted by federal law including, but not limited to, the Noise Control Act of 1972,
codified at 42 U.S.C. § 4901 et seq., related to those noises created by aircraft, railroad
carriers and interstate motor carriers, as defined by federal law. This article also does not
apply to those noises, the control of which is expressly preempted by state law including, but
not limited to, motor vehicle noise under section 403.415, Florida Statutes.
Sec. 13 -27. Definitions.
All terminology used in this Article not defined below shall be in conformance with
applicable publications of the American National Standards Institute (ANSI).
A- Weighted Sound Level means the sound pressure level in decibels as measured on
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Ordinance No. 2013 -02
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a sound level meter using the A- weighting network. The level so read is designated
or dBA.
ANSI means the American National Standards Institute.
Ambient Noise Level means the sound pressure level, in decibels, as measured on a
yLer using the A- sighting nit ark that represents the existing naiSL.
of all surrounding sources.
Background Sound Level shall mean the sound pressure level of the all - encompasing noise
emanating from a given environment, usually being a composite of sounds from many
sources.
C- weighted Sound Level shall mean the sound pressure level, in decibels, as measured on a
sound levelmeter using the C- weighting network. The level so read shall be designated as
dBC.
Commercial Area means those areas zoned and designated for commercial uses update on
the City's official zoning map (including, but not limited to, C -1, C -2, C -3, PUD
commercial, CC, and GID) and /or future land use map or areas where commercial uses exist.
Construction means any site preparation, assembly, erection, substantial repair, alteration,
or similar action, but excluding demolition, for or of public or private rights -of -way,
structures, utilities or similar property.
Decibel (dB) means a unit for measuring the v magnitude of sound, equal to 20 times
the logarithm (base 10) to the Lase of the ratio between RMS sound pressure and of the
p u reference pressure, which is (20 micropascals (20
11111/4,1V-11G (/N, tu11D pld D4uCLIV llll.tLa).
Demolition means any dismantling, intentional destruction or removal of structures,
utilities, public or private right -of -way surfaces, structures or similar property.
Emergency means any occurrence or set of circumstances involving actual or imminent
physical trauma or property damage which demands immediate action.
Emergency Work means any work performed for the purpose of preventing or alleviating the
physical trauma or property damage threatened or caused by an emergency.
qui valen l A- Weagliled Sound Level (L) means the constant sound level that, in a given
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Ordinance No. 2013 -02
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wcighted sound.
Equivalent Sound Level (Leq) shall mean a sound level descriptor based on the average acoustic
intensity over time. Leq is intended as a single number indicator to describe the mean energy or
intensity level over a specified period of time during which the sound level fluctuated. The period
of time specified in this ordinance is ten minutes. Leq is measured in dB and is expressed according
to the weighting network as either A- weighted or C- weighted (LcgA or LcgC).
Impulsive Sound means sound of short duration, usually less than one second, with
an abrupt onset and rapid decay. Examples of sources of impulsive sound include, but are
not limited to, explosions, drop forge impacts, and the discharge of firearms.
Industrial Area means those areas zoned and designated for industrial use on the City's
official zoning map (including, but not limited to, I -1) and /or future land use map or areas
where industrial uses exist.
Motor Vehicle means any vehicle which is defined as a "motor vehicle" by Chapter
316, Florida Statutes.
Motorboat means any vessel which operates on water and which is propelled by a
motor, including, but not limited to, boats, barges, amphibious crafts, water ski towing
devices and hover crafts.
Motorcycle means any "motorcycle" as defined in Chapter 316, Florida Statutes.
Muffler or Sound Dissipative Device means a device for abating the sound of escaping
gases of an internal combustion engine.
Noise means any unwanted sound which annoys or disturbs humans or which causes
or tends to cause an adverse psychological or physiological effect on humans.
Noise Disturbance means any sound which:
(1) Endangers or injures the safety or health of humans or animals; or
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Ordinance No. 2013 -02
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(2) Annoys or disturbs a reasonable person of normal sensitivities; or
(3)
Endangers or injures personal or real property.
For purposes of this definition, any sound that exceeds the maximum permissible sound
levels set forth in Division 5 of this Article shall constitute an evidentiary basis for declaring
a noise disturbance per sc. It is the intent and purpose of this definition that sounds that
either meet the aforesaid criteria or exceed the sound levels in Division 5 or both shall
constitute a violation of this Article.
Noise Sensitive Zone means any area designated by the City Commission for the purpose of
ensuring exceptional quiet in accordance with Section 13 -4443.
Octavc Band means the sound pressure level of a defined frequency band with the reference
1
Person means any individual, association, partnership, corporation, entity or agency
including any officer and employee thereof.
Powered Model Vehicle means any self - propelled airborne, waterborne, or land borne
plane, vessel, or vehicle, which is not designed to carry persons, including, but not limited
to, any model airplane, boat, car or rocket.
Property Line means an imaginary line along the surface of land or water, and its vertical
plane extension, which separates the real property owned, rented or leased by a person
from the real property owned, rented or leased by another person.
Public Right -of -Way means any street, avenue, boulevard, highway, sidewalk or alley
or similar place which is owned or controlled by a governmental entity.
Public Space means any real property or structures thereon which are owned or controlled
by a governmental entity.
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Ordinance No. 2013 -02
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Pure Tone means any sound which can be distinctly heard as a signal pitch or a set of single
pressure lcvcls of the two contiguous one -third octavc bands by 5 dB for center frcqucncies
dB for center frcqucncics lcss than or cqual to 125 IIz.
Residential Area means those areas zoned and designated for residential uses on the City's
official zoning map (including, but not limited to, R -1 AAA, R-C1, R -1 AA, R -1 A, R -1, R -3
and PUD residential) and /or future land use map or areas where residential uses exist.
RMS Sound Pressure means the square root of the time averaged square of the sound
pressure, denoted P,,,,s.
Sound means an oscillation in pressure, particle displacement, particle velocity or other
physical parameter, in a medium with internal forces that causes compression and rarefaction
of that medium. The description of sound may include any characteristic of such sound,
including duration, intensity and frequency.
Sound Level means the weighted sound pressure level obtained by the use of a sound level
meter and frequency weighting network, such as A, B, or C as specified in American
National Standards Institute specifications for sound level meters (ANSI S1.4 -1971, or the
latest approved revision thereof). If the frequency weighting employed is not indicated, the
A- weighting shall apply.
Sound Level Analyzer means an instrument which includes a microphone, amplifier, RMS
detector, integrator or time average, output meter, and weighting networks used to measure
sound pressure levels.
Sound Pressure means the instantaneous difference between the actual pressure and the
average or barometric pressure at a given point in space, as produced by sound energy.
Sound Pressure Level means 20 times the logarithm to the base 10 of the ratio of the
RMS sound pressure to the reference pressure of 20 micropascals (20 x 10 -6 N /m2). The
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Ordinance No. 2013 -02
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sound pressure level is denoted Lp or SPL and is expressed in decibels.
Weekday means any day Monday through Friday, which is not a legal holiday.
DIVISION 2. POWERS AND DUTIES OF NOISE CONTROL OFFICER.
Sec. 13 -28. Lead Agency or Official.
The noise control program established by this Article shall be administered by the City of
Winter Springs Police Department, Code Enforcement Division.
Sec. 13 -29. Powers of the Noise Control Officer.
In order to implement and enforce this Article and for the general purpose of sound and
vibration abatement and control, the noise control officer ( "NCO ") shall have, in addition to any
other authority vested by state or federal law, the power to:
(a) Conduct, or cause to be conducted, research, monitoring, and other studies related
to sound and vibration;
(b) Conduct programs of public education and encourage the participation of the public
regarding:
(1) The causes, effects and general methods of abatement and control of noise and
vibration;
(2) The actions prohibited by this Article and the procedures for reporting
violations.
(c) Coordinate the noise and vibration control activities of all municipal departments.
(d) Review public and private projects, subject to mandatory review or approval by the
City, for compliance with this Article, if such projects are likely to cause sound or vibration
in violation of the Article.
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Ordinance No. 2013 -02
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(e) Conduct inspections, specifically, to:
(1) Upon presentation ofproper credentials, enter and inspect any private property
or place to determine compliance with this Article, when granted permission by the
owner, or by some other person with apparent authority to act for the owner or
pursuant to an inspection warrant;
(2) Stop any motor vehicle, motorcycle, or motorboat operated on a public right -
of -way, public space, or public waterway reasonably suspected of violating any
provision of this Article, and issue a notice of violation or abatement order which may
require the motor vehicle, motorcycle or motorboat to be inspected or tested as the
noise control officer may reasonably require to ensure compliance with law;
(3) Conduct sound level measurements at defined property lines located within
the City, and issue a notice of violation, civil citation and /or abatement order to
compel compliance with this Article..
(f) Require the owner or operator of any commercial or industrial activity to measure the
sound level of or the vibration from any source in accordance with the methods and
procedures required by this Article and at such locations and times deemed reasonably
necessary by the NCO to ensure compliance with this Article.
(g) In accordance with subsection (e), and other provisions of this Article, investigate and
pursue possible violations of this Article.
DIVISION 3. PROHIBITED ACTS.
Sec. 13 -30. General -Noise Disturbances Prohibited.
No person shall unreasonably make, continue, or cause to be made or continued, any noise
disturbance. Non - commercial public spcaking and public asscmbly activitics conductcd on any
Sec. 13 -31. Specific - Noise Disturbances Prohibited.
City of Winter Springs
Ordinance No. 2013 -02
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The following acts, and the causing thereof, are declared to be in violation of this Article:
(a) Electronic Device; Musical Instruments. Operating, playing or permitting the
operation or playing of any radio, television, phonograph, drum, musical instrument, sound
amplifier, or similar device which produces, reproduces, or amplifies sound:
(1) Between the hours of 10:00 p.m. and 7:00 a.m. the following day in such a manner as
to create a noise disturbance across a real property boundary or within a noise sensitive zone,
except for activities open to the public and for which a special event variance has been issued
by the City according to the criteria set forth in Section 13 -33;
(2) In such a manner as to create a noise disturbance at 25 feet from such device, when
operated in or on a motor vehicle on a public right -of -way or public space, or in a boat on
public waters;
(3) In such a manner as to create a noise disturbance to any person other than
the operator of the device, when operated by any passenger on a common carrier.
(b) Loud Speakers. Using or operating any loudspeaker, public address system, or
similar device:
(1) For any noncommercial purpose b Between the hours of 10:00 p.m. and 7:00 a.m.
the following day, such that the sound therefrom creates a noise disturbance across a
r ial real property boundary or within a noise sensitive zone;
(2) I'oi any commcrcial purpose.
Lich tnai ills SOufld illere iron cfea aii�c a�iu��
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• • II
(B) Between the hours of 10:00 p.m. and 7:00 a.m. the following day
on a public right -of -way or public space.
(c) Animals; Birds. having control and possession of any animal or bird which
City of Winter Springs
Ordinance No. 2013 -02
Page 10 of 21
frequently or for continued duration, howls, barks, meows, squawks, or makes other
sounds which create a noise disturbance across a residential real property boundary or
within a noise sensitive zone. (This provision shall not apply to public zoos and public
Paw Parks).
(d) Construction. Operating or permitting the operation of any mechanically
powered tools or equipment used in construction, drilling, or demolition work between
the hours of 10:00 p.m. and 7:00 a.m. the following day. Sound levels created by
construction, drilling, or demolition activities shall not cause a noise disturbance at or
across a real property boundary , except for bona fide emergency work of or by special
variance issued pursuant to this Article;
(e) Vehicle and Boat Repairs. Repairing, rebuilding, modifying, or testing any motor
vehicle, motorcycle, or motorboat in such a manner as to cause a noise disturbance across
a residential real property boundary or within a noise sensitive zone.
(f) Places of Public Entertainment. Operating, playing, or permitting the operation
or playing of any radio, television, phonograph, drum, musical instrument, sound
amplifier, or similar device which produces, reproduces, or amplifies sound in any place
of public entertainment at a sound level greater than the maximum permissible limit
measure at the property line for commercially zoned areas.
(g) Explosives. Using or firing explosives or similar devices which create impulsive
sound so as to cause a noise disturbance across a real property boundary or on a public
space or right -of -way, without first obtaining a special variance pursuant to this Article.
(h) Model Vehicles Operating or permitting the operation of powered model
vehicles so as to create a noise disturbance across a residential real property boundary, in
a public space or within a noise sensitive zone between the hours of 10:00 p.m. and 7:00
a.m. the following day.
(i)
Motorboats. Operating or permitting the operation of any motorboat in any lake,
river, stream, or other waterway in such a manner as to create a noise disturbance at 50
feet or the nearest shoreline, whichever distance is less.
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Ordinance No. 2013 -02
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(j) Noise Sensative Zones Creating or causing the creation of any sound within any
noise sensitive zone designated pursuant to this Article so as to disrupt the activities
normally conducted within the zone or that exceeds the maximum permissible sound
level established for said zone pursuant to section 13 -43, provided that conspicuous signs
are displayed indicating the presence of the zone; or
Sec. 13 -32. Emergency Exception.
The provisions of this Article shall not apply to the emission of sound for the purpose of
alerting persons to the existence of any emergency, or the emission of sound in the performance
of emergency work.
Sec. 13 -33. Special Event Variances.
(a) The City C—onm-ri siun Manager shall have the authority, consistent with this
Article, to grant special event variances.
(b) Any person seeking a special event variance pursuant to this section shall file an
application with the City C—onsi-un Manager. The application shall contain information
which demonstrates that bringing the source of sound or activity for which the special event
variance is sought into compliance with this Article would constitute an unreasonable
hardship on the applicant, on the community , or on other persons.
(c) In determining whether to grant or deny the application, the City €u rm- rissi-un
Manager shall balance the hardship to the applicant, the community, and other persons of not
granting the special event variance against the adverse impact on the health, safety, and
welfare of the persons affected, the adverse impact on property affected, and any other
adverse impacts of granting the special event variance. Applicants for special event
variances and persons contesting special event variances may be required to submit any
information the City Commission Manager may reasonably require.
(d) Special event variances shall be granted by notice to the applicant containing all
necessary conditions, including a time limit on the permitted activity. The special event
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Ordinance No. 2013 -02
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variance shall not become effective until all conditions are agreed to by the applicant.
Noncompliance with any condition of the special event variance shall terminate it and subject
the person holding it to those provisions of this Article regulating the source of sound or
activity for which the special event variance was granted.
(e) Application for extension of time limits specified in special event variances or for
modification of other substantial conditions shall be treated like applications for initial
special variances.
�f Special events authorized and sponsored or co- sponsored by the City at public
event locations authorized by the City shall, upon such authorization, be deemed to have
been granted a special event variance pursuant to this section.
Sec. 13 -34. Variances For Time to Comply.
(a) The owner of any commercial or industrial source of sound not in compliance with
this Article may apply to the City C—onm-rissi-un Manager for a variance for time to comply
with this Article. The City Commission Manager shall have the authority, consistent with
this section, to grant a variance, not to exceed one hundred eighty (180) days from date of
the application and approval thereof.
(b) Any person seeking a variance for time to comply shall file an application with the
City Manager Commission. The application shall contain information which demonstrates
that bringing the source of sound or activity for which the variance is sought into
compliance with this Article prior to the date requested in the application would constitute
an unreasonable hardship on the applicant, on the community, or on other persons.
(c) In determining whether to grant or deny the application, the City eon siun Manager shall
balance the hardship of the applicant, the community, and other interested persons of not
granting the variance for time to comply, against the adverse impact on health, safety, and
welfare of persons affected, the adverse impact on property affected, and any other adverse
impacts of granting the variance. Applicants for variances for time to comply and persons
contesting variances may be required to submit any information the City Manager
Commission may reasonably require.
City of Winter Springs
Ordinance No. 2013 -02
Page 13 of 21
(d) Variances for time to comply shall be granted to the applicant containing all necessary
conditions, including a schedule for achieving compliance. The variance for time to comply
shall not become effective until all conditions are agreed to by the applicant. Noncompliance
with any condition of the variance shall terminate the variance and subject the person holding
it to those provisions of this Article for which the variance was granted.
(e) Application for extension of time limits specified in variances for time to comply or
for modification of other substantial conditions shall be treated like applications for initial
variances under subsection (b), except that the City Manager Eon siun must find that the
need for the extension or modification clearly outweighs any adverse impacts of granting the
extension or modification.
DIVISION 5. SOUND LEVELS BY RECEIVING LAND USE.
Sec. 13 -35. Maximum Permissible Sound Levels by Receiving Land Use.
No person shall operate or cause to be operated on private property any source of sound
in such a manner as to create a sound level which exceeds the limits set forth for the receiving
land use category in Table 2 1 when measured at or within the property boundary of the receiving
land use. These maximum permissible sound levels are ten minute Leg, dBA and dBC
values measured in accordance with the guidance provided in this Article.
FrecttleiteRaitge
Octa_ c Ban
-355
599
City of Winter Springs
Ordinance No. 2013 -02
Page 14 of 21
666
2966
4000
Table 2 1. Sound Levels by Receiving Land Use
Land Use Category
Time
Maximum
Permissible
Sound Level
Leg: dB(A) 10
Maximum
Permissible
Sound Level
Leq1-€1B(-4)T10
min dBA
min dBC
A (Noise Sensitive Zones)
At all Times
55
65
B (Residential)
10:00 p.m. - 7:00 a.m.
7:00 a.m. - 10:00 p.m.
55
60
65
70
C (Commercial)
10:00 p.m. - 7:00 a.m.
7:00 a.m. - 10:00 p.m.
60
65
70
75
D (Industrial)
At all Times
65
75
Sec. 13 -36. Con eehoi.
y
0\ Ol 11[llltS set 10
p
Reserved
CC I1 1.5 -.5J mall t0 reciuccci by
p
0n, 0ctai
cxcccdcd.
L�11Cl UNC
Cy
A Noisc Scnsitivc
Zone
B R i c...ti.,l
C Commercial
D Industrial
City of Winter Springs
Ordinance No. 2013 -02
Page 15 of 21
Laid Uar
A
Wit-esideftt-itt4
C Commcrcial
D Industrial
O tave IIai.d
Center
Frectuefrey
Noisc Scnsitivc
Zoncs
32
5.5
$9
$9
31.5
62
58
58
32
66
62
$9
31.5
123
2e9
2}
62
62
62
599
66
5-6
6+
6+
1999
45
5-5
5-6
5-6
2999
3-9
45
52
52
4999
34
45
48
48
$999
32
49
45
45
Laid Uar
A
Wit-esideftt-itt4
C Commcrcial
D Industrial
Gittegar,
Noisc Scnsitivc
Zoncs
fla,tave IIai.d
ee ter
Frectuefrey
32
22
$9
31.5
62
2}
5.4
58
66
66
62
123
25-9
5-5
62
62
§99
§6
6+
1999
45
45
56
City of Winter Springs
Ordinance No. 2013 -02
Page 16 of 21
2666
39
3-9
4.
4006
34
34
45
4$
8000
32
32
40
45
DIVISION 6. MEASUREMENT PROCEDURES.
Sec. 13 -37. Standardized Measurements Required.
Measurements shall conform to standardized practices and must be completely delineated
in any submitted noise report. Measurements should be taken so as to present an accurate
representation of the sound.
Sec. 13 -38. Required Measurement Procedures.
The following conditions must always be met when applicable testing is underway:
(a) The measurement of sound shall be made with a sound level analyzer and shall
conform to ANSI 1.4 -1983. Either Type 1 or Type 2 sound analyzers are permitted per ANSI
S1.4-1971. If octave band testing is required, octave band or one -third octave band analyzers
filter sets shall conform to ANSI 1.11 -1976.
(b) Calibration of all instruments, components, and attachments shall conform to the
latest ANSI Standards.
DIVISION 7. ENFORCEMENT.
Sec. 13 -39. Penalties.
(a) Any person who violates any provision of this Article shall be fined $50.00 dollars
for the first violation, $150.00 dollars for the second violation, $250.00 dollars for the third
violation and $500.00 dollars for each violation thereafter.
(b) Any person who willfully or knowingly violates a notice of noise abatement issued
by a noise control officer or an order of a court or code enforcement board ordering
City of Winter Springs
Ordinance No. 2013 -02
Page 17 of 21
abatement of noise shall be fined for each day in violation of said notice or order a sum of
$500.00 dollars.
Lc Notwithstanding the civil fine provisions set forth in subsections (a) and (b), a person
shall be subject to arrest by a law enforcement officer for violating the provisions of this
Article under the following circumstances:
(1) The person willfully or knowingly violates, disobeys, neglects, or refuses to
comply with any of the provisions of this Article as expressly ordered by the code
enforcement board or a court of competent jurisdiction for purposes of abating future noise
disturbances; or
(2) The person willfully or knowingly violates, disobeys, neglects, or refuses to
comply with an order of a law enforcement officer to abate a noise disturbance that
constitutes a repeat violation, as defined by section 162.04, Florida Statutes; or
(3) The person willfully or knowingly violates the provisions of this Article and
creates a noise disturbance that causes harm to or immediately threatens life and /or property
or threatens an immediate breach of the peace.
Violations under this subsection (c) shall be prosecuted in the same manner as misdemeanor
offenses. Upon conviction, the person shall be punished by a fine in an amount not less than
two hundred fifty dollars ($250.00) and not to exceed five hundred dollars ($500.00), or
imprisonment in the county jail for a period not to exceed sixty (60) days, or both.
(cd) Each day a violation is committed, or permitted to continue, shall constitute a
separate offense and shall be penalized as such. In addition to the penalties provided under
this section, violators of this Article shall be subject to any other appropriate civil or criminal
action provided by law in a court of competent jurisdiction, including, but not limited to,
injunctive relief. The city manager and city attorney (or other legal counsel retained by the
city) are hereby authorized to institute civil proceedings necessary for the enforcement of this
Article. Nothing in this section shall be held to exclude prosecution or actions by any other
provisions of applicable law or to exempt anyone violating this Article or any other law from
any penalty which may be prescribed for said violation.
Sec. 13 -40. Notice of Violation.
. .
• . . • . .
Except where a person is acting in good faith to comply with an abatement order issued
pursuant to this Article, violation of any provision of this Article shall be cause for a notice of
City of Winter Springs
Ordinance No. 2013 -02
Page 18 of 21
violation to be issued by the noise control officer according to code enforcement procedures set forth
in the City Code.
Sec. 13 -41. Immediate Threat to Health and Welfare.
(a) The noise control officer shall order an immediate halt to any sound which exposes
any person, except those excluded under this Article, to a continuous noise disturbance
including sound levels in excess of those shown in Table 2 1. If iaipulsivc sounds ui puiL,
(b) Any person subject to an order issued pursuant to subsection (a) shall comply with
such order until:
(1) The sound is brought into compliance with the order, as determined by the
noise control officer; or
(2) A judicial or code enforcement board order has superseded the noise control
officer `s order.
(c) Any person who violates an order issued pursuant to this section shall, for each day
rrf violation, be fined not less than $250.00 dollars nor more than $500 dollars.
Sec. 13 -42. Other Remedies.
No provision of this Article shall be construed to impair any common law or statutory cause
of action, or legal remedy therefrom, of any person or the City for injury or damage arising from any
violation of this Article or from other law.
Sec. 13 -43. Designation of Noise Sensitive Zones.
Under application of interested persons or on the City's own initiative, the City Commission
may designate an area within the City as a Noise Sensitive Zone by resolution. The zone must be
an area of special public concern where the maximum permissible sound levels set forth in this
Article are too high and not reasonable for the subject area. Such zones may include, but not be
limited to, hospital patient and other convalescent areas, passive nature parks, and wildlife habitat
areas. The City Commission may, by resolution, establish lower maximum permissible sound levels
for said zones.
Sec. 13 -44. Motor Vehicle Noise.
City of Winter Springs
Ordinance No. 2013 -02
Page 19 of 21
Motor vehicle noise on highways of the state and on streets and roads under the City's
jurisdiction shall be regulated pursuant to section 316.293, Florida Statutes.
Secs. 13- 3-545-- 13 -50. Reserved.
Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
inconsistent ordinances and resolutions adopted by the City Commission, or parts of prior ordinances
and resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
Section 4. Severability. If any section, subsection, sentence, clause, phrase, word or
provision of this Ordinance is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall
be deemed a separate, distinct and independent provision, and such holding shall not affect the
validity of the remaining portions of this Ordinance.
Section 5. Incorporation Into Code. This Ordinance shall be incorporated into the
Winter Springs City Code and any section or paragraph, number or letter, and any heading may be
changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like
errors may be corrected and additions, alterations, and omissions, not affecting the construction or
meaning of this ordinance and the City Code may be freely made.
Section 6. Effective Date. This Ordinance shall become effective immediately upon
adoption by the City Commission of the City of Winter Springs, Florida, and pursuant to City
Charter.
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting
assembled on the day of , 2013.
CHARLES LACEY, Mayor
ATTEST:
ANDREA LORENZO - LUACES, City Clerk
City of Winter Springs
Ordinance No. 2013 -02
Page 20 of 21
Approved as to legal form and sufficiency for
the City of Winter Springs only:
ANTHONY A. GARGANESE, City Attorney
First Reading:
Second Reading:
Effective Date:
City of Winter Springs
Ordinance No. 2013 -02
Page 21 of 21
Attachment 2
Final Report 1/31/13
City of Winter Springs Noise Ordinance Review and Recommendation
Jan. 31, 2013
Prepared by: John M. MacDonald, P.E., Ph.D.
Introduction
This report provides a review of the City of Winter Springs Noise Ordinance and offers recommendations
to improve the performance of the ordinance relative to low frequency sounds that are currently not
specifically addressed in the ordinance This report summarizes a research effort into the topic of low
frequency noise (LFN) and community annoyance and has utilized existing noise annoyance data from
central Florida, technical research regarding the best noise metric for assessing low frequency
annoyance and a review of existing noise ordinances that specifically address LFN.
Noise ordinances are often amended over time as their limitations are discovered and the particular
local environment is further defined. The EPA pointed out that regular amendments to existing noise
ordinances are expected and recommended [1]. Current limitations of the Winter Springs noise
ordinance include a poorly defined noise metric (the ordinance mentions both "maximum permissible"
and Leq which are interpreted as two different metrics, also an Leq metric must have a specified sample
time which is missing in the ordinance) and a frequency based section of the ordinance that is suitable
for alarms but not for other sources of noise that cause annoyance and disturbance due to frequency
content. This report discusses the findings of research of a noise metric that can address low frequency
noise issues that are not currently addressed in the Winter Springs ordinance.
Several years ago, a technical committee of the preeminent acoustic organization (Acoustical Society of
America) was formed to develop a "model" noise ordinance approach. The term "model" refers to a
procedure that can be used as a template for communities in the development of their ordinance. The
committee[2] stated that:
"A good noise ordinance would provide, or reference, the appropriate practical, technical and legal tools to local
officials so that these can be used to protect and balance the interests of all in the community."
And that the "selection of community noise exposure criteria... should remain the prerogative of the community,
and should not be dictated by the Standard."
This means the community should not be tied to an ordinance that is not effective and not meeting their
needs and that they have the prerogative of establishing their own criteria levels based on their own
experiences. Lastly, in regard to actual measurement and enforcement, the:
1
Final Report 1/31/13
"local officials must have simple and practical methods with which to conduct noise violation investigations, for
the effective enforcement of a local noise ordinance. The local officials charged with noise enforcement
responsibilities may include the police, or the health or zoning departments."
It is under this philosophy that this work has been conducted, to review and recommend changes to the
existing ordinance so that the needs of the community are met and to recommend an ordinance that
can be enforced with the personnel that are charged with this duty in the City of Winter Springs.
Community Noise Measurement : Metrics that correspond to annoyance
The "A- weighted" sound level (dBA) is an overall sound level that encompasses the frequency range of
human hearing (20 Hz. to 20 kHz) but with an important distinction in that the determination of the dBA
level involves modifying the low frequency and high frequency portion of the sound so that it mimics the
response of the human ear. Figure 1 depicts the adjustment curves of the A, B and C weighting
networks that are used in community noise measurements. The figure provides decibel adjustments to
the audible frequencies and it is clear that the A- weight curve provides large attenuation to lower
frequency sounds (those below 300 Hz for example). The A- weight adjustment for the 63 Hz.
component, which is a dominant frequency for amplified music, is -26.2 dB while the C- weight network
provides an adjustment of -0.8 dB. This results in the C- weighted sound level providing a better
measure of low frequency sounds than the A- weight sound level.
Standard Weighting Networks
0
Flat A
-5— B and C
- 10-
- 15—
-20-
-25—
- 0-
- 3-
- 40-
- 45—
20 50 100 200 500 1000 2000 5000 10.000
Figure 1. Sound level weighting networks used in community noise applications.
2
Final Report 1/31/13
The primary feature of the Winter Springs ordinance is an A- weighted noise metric (dBA)and criteria
sound levels for day time and night time conditions. For residential receivers, the A- weighted metric
and the criteria levels of 60 dBA (daytime) and 55 dBA (night) have been accepted by most
environmental acousticians as reasonable and are found in the majority of local ordinances in the
United States for the past 30 years. These criteria levels were based on speech interference between
two persons and are cited in an original document by the EPA [5] that established sound level goals for
communities in the United States. It is important to note that the EPA document [3] recommended 55
dBA in terms of a 24 -hour average level and not an instantaneous measurement. There will be more on
this topic in the next section.
Recall that low frequency and high frequency sound levels are dramatically reduced (attenuated) in the
dBA metric and it is therefore possible to have large low or high frequency content present in the
environment that equates to a reasonable (non - actionable) A- weighted sound level. In other words, the
dBA metric does not provide a good measure of low frequency sounds, it attenuates most of the low
frequency content. Low frequency sounds appear in a community environment in the form of music,
exhaust fans, roof -top HVAC units and industrial heavy truck movements. Low frequency sounds can be
"felt ", can cause windows to rattle, travel for long distances and are much more effective at
transmission through walls and structures than higher frequency sounds and for these reasons can be
more annoying than higher frequency sounds. Further, when the criteria levels of 60 and 55 dBA were
originally established they were in relation to studies that did not include a significant mix of low
frequency sounds. The original studies were [4] conducted with primarily automobile and air traffic in
mind and for these sources the dBA metric performs well. Noise ordinances have addressed this
weakness of the A- weighted metric through the use of frequency based standards (octave or one -third
octave band levels) or the use of a C- weighted metric.
A real -world example of the difference between A- weight and C- weighted sound levels is shown in
Figure 2. The acoustic spectrum shown in the figure is a one second snapshot of amplified music at a
distance of 1400 ft. from the source. Of note in the figure is the large amount of low frequency content
between 20 Hz. and 125 Hz on the horizontal scale. This is the bass component of the music. The figure
has three traces, the raw signal, the signal adjusted with the A- weight scale and the signal adjusted with
the C- weight scale. The dramatic reduction of the low frequency sound levels is apparent in the A-
weight trace while the C- weight trace closely follows the raw signal. The title of the figure contains the
computed dBA and dBC sound levels of the respective spectra. The dBA level is essentially 50 dBA and
the dBC level is 72 dBC (sound levels are normally rounded as the accuracy of the instrument is normally
within 0.5 dB). The implication is that if this signal were recorded as part of a complaint investigation
the source would not be in violation of either a 60 dBA or 55 dBA standard but the dBC level is rather
high and indicates a large amount of LFN that is most likely disturbing to a resident, especially during
night hours. (note that a one second excursion does not indicate a violation for an Leq ordinance but
does for a "maximum permissible" ordinance)
3
Final Report 1/31/13
Comparison of A-weighting and C- weighting
dBC = 71.9 dBC, dBA = 49.9 dBA
70
60
50
■ ;
40 .
30
20
10
0
— — raw signal
C wt
A wt
1 10 100 1000 10000 100000
Frequency, Hz
Figure 3. One second snapshot of sound level data from amplified music at 1400 ft.
The author of this report has had the opportunity to work with Hillsborough County , FL Environmental
Protection Commission for the last several years regarding community noise and their ordinance. The
County decided in 2008 that a rewrite of their ordinance was necessary to meet the needs of their
community and to more clearly define how the County should measure noise from a source and
determine if it was in violation. Prior to 2008 their ordinance stated a "maximum permissible" dBA
sound level ,which implies an Lmax ordinance, and this led to problems as this type of noise metric is 1)
very sensitive unless very high criteria levels are used [ ie 80 dBA] and 2) the maximum permissible
(Lmax) does not correlate well to community annoyance. The County had been collecting detailed
sound level data for several years and this provided them an opportunity to review and define what
sound levels were found to be annoying in their community and which noise metric best served their
needs. Their ordinance was changed to a metric that is correlated to community annoyance (Leq, an
"average" sound level over a specified time) and frequency based limits were enacted that enabled
them to address low frequency noise (LFN).
4
Final Report 1/31/13
gen /c0mpre550r5
6%
trafficimotor5
pumas
Other 2007 -2012 Hillsborough County
3% Noise Complaints
heax ^,•equipment
7'
lawn equipment
Figure 3. Noise complaints received by Hillsborough County, FL from 2007 -2012
Figure 3 depicts a summary of the noise complaints received by Hillsborough County from 2007 to 2012.
The figure indicates that the majority of the complaints they received are due to amplified music, and a
mix of AC units, industrial noise, fans, compressors, and generators. All of these sources have low
frequency components that may not be adequately addressed with a "dBA" style ordinance which is
used by Winter Springs and by nearly all noise ordinances in the United States.
Low frequency noise in communities has been studied since the 1970's and LFN annoyance has been
documented to occur even when dBA levels have been relatively low. An example is given of residents
who lived near an industrial boiler and had LFN complaints even though the outside sound level was 55
dBA. [6]
The World Health Organization (WHO) has stated that where low frequency sound is present "A-
weighting underestimates the sound pressure level of noise with low frequency components, a better
assessment of health effects would be to use C- weighting. "[7]
The conclusion is that in communities with low frequency sources of sound such as residential areas
near industrial areas or near entertainment districts, there may be community annoyance due to low
frequency sounds that are not adequately addressed with a noise ordinance based on the dBA metric.
There are two viable approaches, in regard to a community noise ordinance, to handle low frequency
sounds and these are frequency based criteria levels (octave band or one -third octave band) or the use
of a dBC metric. The use of the dBC metric precludes the necessity of sophisticated and expensive
sound level meters capable of octave band and one -third octave band measurements, and the necessary
5
Final Report 1/31/13
expertise and training required of the noise control officers. For these reasons, it is recommended that a
dBC criteria is added to the Winter Springs noise ordinance to address low frequency sources of sound.
Several items remain to be answered, the type of measurement (maximum or time averaged), and the
appropriate sound level limits above which enforcement action may be necessary. These remaining
items are addressed in the following sections.
Community Noise Measurement: Sampling time
The majority of noise ordinances in the United States use a dBA metric as described previously and state
that the criteria sound limits are either "not to exceed" or "maximum permissible." Unless otherwise
stated, this implies that an instantaneous excursion above the stated limit is a violation. There are two
problems with this approach, first an instantaneous excursion (commonly referred to as Lmax) does not
correlate well to community annoyance. For example, the slam of a tailgate will produce a loud Lmax
level but is not necessarily an annoyance whereas a pump or generator with a much lower Lmax level
but that operates for several hours or during the night hours will be perceived as annoying (to an
average person) if it exceeds criteria levels. The criteria levels commonly used in noise ordinances are
60 dBA during the day and 55 dBA at night and these levels are based upon a seminal 1974 EPA
document[3] that set the stage for community noise control in the United States. These criteria levels
were time averaged sound levels (Leq; equivalent level) and encompassed the entire 24 hour period of a
typical day. However, it appears that many authorities misinterpreted the 1974 "Levels document" as a
guideline to maximum permissible sound pressure levels and proceeded to codify Lmax levels similar to
the 24 hour energy average (Leq or Ldn if night penalty is applied) levels recommended by the EPA. This
has resulted in Lmax levels that are too restrictive (60 dB(A) in urban and suburban environments) and
lead to an unenforceable noise ordinance or one that is left to the discretion of the noise control officer.
The effect of this is to essentially produce a subjective ordinance, one that is based on a person or
committee judgment rather than an ordinance based on science and experience.
The EPA document clearly stated the necessity of time, or duration of sound, as a primary component of
annoyance when they stated the following:
"A complete physical description of a sound must describe its magnitude, its frequency spectrum,
and the variations of both of these parameters in time." And that the "long term average sound
level, henceforth referred to as the equivalent sound level (Leq), is considered the best measure for
the magnitude of environmental noise." [3]
The EPA went on to say:
"in order to describe the effects of environmental noise in a simple, uniform and appropriate way,
the best descriptors are the long -term equivalent A -wt sound level (Leq) and ... the day -night sound
level (Ldn)"
Some of the conclusions by the EPA were based on recommendations from the 1973 "Impact
Characterization" [5] document that stated:
6
Final Report 1/31/13
"The accumulated evidence of research on human response to sound indicates clearly that the
magnitude of sound as a function of frequency and time are basic indicators of human response to
sound...Since response to noise is a function of the duration of the noise, it is necessary to have
some description of its time pattern."
The EPA concluded that any reasonable metric used to assess community annoyance must include the
following parameters:
1. Magnitude (dB limits)
2. Frequency
3. Duration (time)
The use of the Leq metric was also confirmed in the oft - quoted Shultz [4] research that summarized a
number of independent studies of noise from transportation sources and the annoyance perceived by
nearby residents. Additionally, most federal noise standards /regulations include an Leq style metric as
shown in Table 1. Ldn is a 24 hour sound level with a 10 dB penalty for night time sources, L16hr is an
Leq metric taken over a 16 hour time period. Leqhr is an Leq metric using a one hour time period as its
time base. It is clear that a time period greater than one second is necessary to properly assess
community annoyance.
Table 1. Impact Criteria Sound Pressure Levels from Federal and International agencies (on residential
receivers)
Agency
Metric Level
EPA Ldn 55 dB(A)
FHWA Leqhr 67 dB(A)
HUD Ldn 65 dB(A)
FAA Ldn 65 dB(A)
Level is dependent on background
FTA/FRA Ldn level; also Lmax levels are given
for railyards
WHO Leql6hr 55 dB(A)
The long term Leq time periods noted in Table 1 are difficult to use in a community noise ordinance as
they require actual measurements taken over one hour, 16 hours or a full 24 hour period. For most
sources that are continuously operating, or close to it, a ten minute Leq measurement will be similar to
a one hour Leq measurement. For this reason (and after a thorough review of sound level data
community noise investigations) a ten minute Leq (Legiomin) metric was recommended to Hillsborough
County when they rewrote their Lmax ordinance in 2008. Four years later, the Leg1om;n metric has
proven to be effective in Hillsborough County and has provided their personnel with a clearly defined
measurement process that allows a direct comparison to a criteria sound level and that correlates to
annoyance. The recommendation for the Winter Springs noise ordinance is to use an Leq metric with a
7
Final Report 1/31/13
time period of ten minutes (Legiomin) using the dBA limits already established in the ordinance and using
a dBC metric with limits based on literature review and annoyance data collected in Florida.
Community Noise Measurement: dBC limits
The establishment of criteria sound levels for use in an ordinance is primarily based on existing research
of community noise and annoyance and on existing noise ordinances. The approach used for the Winter
Springs noise ordinance will be to review technical literature that advises criteria limits, review other
U.S. ordinances that address low frequency noise with the dBC metric, and to perform an analysis of
data collected in Florida as part of noise complaint investigations.
A review of the technical literature was conducted and a number of studies of low frequency noise were
reviewed as part of this work. ANSI [8 ] [9] standards exist for the characterization of low frequency
sounds and provide criteria sound levels in octave bands or one -third octave bands. The methods
described in ANSI are beyond the capability of a field noise control officer. Other articles describe low
frequency levels of sound in cities that cause vibration and window rattle in different window designs
[10]. Several papers [11] [7] [12][13] address the idea of using a metric based on the difference
between (dBC -dBA) as a measure of low frequency noise and suggest that a difference value of 10 -20 dB
could be used as an indicator of annoyance. Of interest and directly relevant to the topic of using dBC as
an annoyance metric were the studies by Pawlaczyi - Luszczynska [13] and Hessler [14].
A social study detailed by the Noise and Health article by Pawlaczyi - Luszczynska et al [13] determined
that low frequency noise levels of 68 dBC were perceived as highly annoying to 10% of respondents of
respondents in a controlled study. The classic "Schultz curves" [4] which the majority of the U.S.
national regulations are based upon (FAA, FTA, HUD) uses the same 10% criteria of highly annoyed as
the point at which noise limits are set.
Hessler [14] proposed dBC criteria levels based on his work related to power plant low frequency noise
in Virginia communities. He recommended dBC limits of 70/65 dBC for intermittent daytime sources at
suburban /urban locations and quiet suburban residences. In the case of more continuous sources (ie
for hours or a full 24 hours) of sound, limits of 65/60 dBC were recommended for the urban /quiet
suburban locations.
The technical literature points toward sound level limits of 65 to 70 dBC for annoyance criteria in
residential areas.
A review of local ordinances currently in place in the United States revealed several examples of cities
and localities that are addressing low frequency noise with the use of the dBC metric. Table 2
summarizes ordinances that include a provision for low frequency noise using the dBC metric. As stated
in the previous section, many of these ordinances use the Lmax criteria. The Atlanta, Osceola County,
Remerton,GA and Tampa ordinance use an energy average metric (Leq) over the time periods stated.
8
Final Report 1/31/13
The Leq ordinances are generally near a criteria level of 65 dBC. The Lmax criteria limits should be
much higher than the Leq limits otherwise there is potential for an ordinance that is too sensitive, in
general the Lmax ordinances have a median limit of 75 dBC.
Table 2. Local noise ordinances that contain a dBC metric (ordinances can be found at
www.Municode.com)
Locality
dBC level
Metric
Notes
City of Pittsburgh
75 dBC
Lmax
Day and night
San Antonio
80 dBC
Lmax
Riverwalk Entertainment District, regulates "noise
from establishment" which effectively is the
property line of the noise producer
Ogunquit, ME
67 dBC
Lmax
Day and night (non- business district)
Atlanta, GA
65 dBC
Leq
Ordinance states one second Leq
Sarsota, FL
70 dBC
80/75 dBC
Lmax
Lmax
For amplified music at a property line (also 5dB for
dBC -dBA)
For "continuous source" at a property line
(day /night)
Osceola County, FL
45/40 dBC
50/45 dBC
Leq
(greater
than 1
minute)
Amplified music at property line (day /night)
Mech. equipment at property line (day /night)
Stillwater, MN
10 dBC
above
ambient
Lmax
This is a relative approach to noise ordinance, noise
relative to background as opposed to an absolute
level of 70 dBC for example
Remerton, GA
75/65 dBC
Leq (5
minutes)
Day /night conditions
City of Tampa
65 dBC
10 -20
second
Leq
Both day and night, Ybor city has limits of 80/75 dBC
for day /night within the ent. district
Seattle night life
ordinance
80 dBC
Lmax
At receiving property line
9
Final Report 1/31/13
Noise complaint investigations related to low frequency noise have been conducted in Hillsborough
County and in Winter Springs, Florida. Data from these investigations has been analyzed using the 10
minute Leq dBC criteria and summarized. Table 3 contains a list of sources and their corresponding dBC
and dBA levels. Complaint sources include a combination of bars, industrial sources, HVAC units
(commercial and residential) and heavy truck operations. The sources and measurements in Table 3
were all initiated from complaints from nearby residences and therefore constitute a database of low
frequency noise that correlates to annoyance. Not all investigations result in enforcement and a subset
of these complaints did result in written notices and other enforcement activity. This data provides
guidance in the determination of criteria dBC sound levels relative to community annoyance. The dBC
levels shown in Table 3 vary from 69 to 80 dBC during daytime conditions and from 65 to 77 dBC during
night time periods. These levels are generally above the criteria levels quoted in the literature (65 -70
dBC) and the Leq ordinance limits of Table 2 (65 dBC) which leads to the conclusion that the 65 -70 dBC
limits are reasonable for community annoyance.
Table 3. Low Frequency Complaint Sources in Central Florida
Type of source
dBC,
Legiiomin
Time of day
Industrial
70
Day
car wash
69
Day
Industrial
70
Day
Heavy truck hauling
79
Day
Industrial
71
day
Industrial
67
Night
Waste facility
79
Day
Post office loading dock
65
Night
Outdoor music
71
night
Bars (8)
69 -77
Mainly night
Wood working, cyclone
75
Day
Refrigeration unit
72
day
generator
76
Day
generator
80
Day
boiler
72
day
Based on these results from the literature, ordinances and complaint data in central Florida
communities a recommended dBC ordinance for Winter Springs is listed in Table 4. The A- weight limits
in Table 4 are unchanged but now are implemented with an Leq metric taken over a ten minute time
period.
10
Final Report 1/31/13
Table 4. Proposed Winter Springs Noise Ordinance Criteria for Residential Receivers (Legiom,n)
Noise Metric
Day
(7:00 a.m. to 10:00 p.m.)
Night
(10:00 p.m. to 7:00 a.m.)
A- weighted Sound Level dBA
60 dB(A)
55 dB(A)
C- weighted Sound Level dBC
70 dB(C)
65 dB(C)
Figures 4 and 5 depict the dBC complaint levels from Table 3 and those sources that ultimately resulted
in enforcement. Figure 4 contains daytime complaint levels and enforcement levels from Central
Florida, and a proposed Winter Springs daytime dBC ordinance value of 70 dBC. A similar graph is
shown in Figure 5 but for night time conditions and displays a proposed night dBC limit of 65 dBC and its
relation to complaint levels and enforcement levels.
Leq_10min, dBC
Winter Springs Ordinance Research, Daytime Complaint levels
03
03
° —o- t om -�
ua
Q
f- -=- -= -f f - -=- - =- tf -tf -.
proposed dine .1 BC c.rcera
61 05'
Figure 4. Daytime low frequency complaints, sound levels that resulted in enforcement and proposed
ordinance value.
11
Final Report 1/31/13
Leq_lOmin, dBC
Winter Springs Ordinance Research, Night Complaint levels
(i3
U7
47
co
U7
L
f -.M.- -.M. -.M.- -MP - --f- .f- t -MP - .f- t -MP - --f -i
prapa. ed n[ght dEu c-rTterJa
Figure 5. Night time low frequency complaints, sound levels that resulted in enforcement and
proposed ordinance value.
12
Final Report 1/31/13
Background Sound Levels in the Community
The background conditions (ambient sound levels) of the target community are generally well below the
proposed dBC limits of 70 dBC during daytime hours and 65 dBC at night but it is useful to perform
verification measurements in the community to acquire a level of confidence that the proposed limits
are not too restrictive and may result in ordinance violation of existing sources. Sound level
measurements were conducted within the city of Winter Springs on Nov. 2 and Nov. 4th 2012 during
daytime and night time conditions. The locations were chosen to reflect a mix of land uses in the
community varying from residential to commercial areas near heavily trafficked roadways. Table 5 lists
the measurement locations in Winter Springs and additional data collected in Casselberry, FL and Winter
Park, FL. Sound Level measurements were conducted according to ANSI and industry accepted
standards, with calibrated Type 1 meters and during acceptable weather conditions. Measurement
periods ranged from 30 minutes to several hours and Leg1om;n sound levels (dBC and dBA) were
calculated from the measured data. In most cases of higher dBC background levels such as the
Casselberry site, Belle Avenue and the Shepard location, traffic sources were the main contributors to
the background levels. The Wade Street location was within several hundred feet of an area where
heavy equipment and metal recycle operations were active which resulted in higher daytime dBC and
dBA levels but not levels that would have exceeded the daytime dBC or dBA limits.
Table 5. Existing Background Levels in the City limits and nearby locations.
Date
Location
dBC, Leglomin
dBA, Leglomin
Time of day
August 2008
300 ft. from N. Oxford Road,
Casselberry, FL
65 dBC
62 dBA
Day
Nov. 2, 2012
Shepard and 17 -92
62 dBC
50 dBA
Day
Belle Ave.
65 dBC
50 dBA
Day
Wade St.
64 dBC
55 dBA
Day
Trotwood
60 dBC
47 dBA
Day
Town Center
63 dBC
50 dBA
Day
Winter Springs Blvd.
61 dBC
49 dBA
Day
Pearl Road
61 dBC
46 dBA
Day
Nov. 4, 2012
Shepard and 17 -92
58 dBC
45 dBA
Night
Belle Ave.
54 dBC
39 dBA
Night
Wade St.
56 dBC
43 dBA
Night
Trotwood area
53 dBC
42 dBA
Night
Town Center
60 dBC
47 dBA
Night
Winter Springs Blvd.
54 dBC
42 dBA
Night
Pearl Road
52 dBC
38 dBA
Night
Oct.23,
2012
3142 Ash Park Loop, Winter
Park, FL
49 dBC
43 dBA
Night
Nov. 3, 2012
3142 Ash Park Loop, Winter
Park, FL
57 dBC
46 dBA
Day
13
Final Report 1/31/13
Figures 6 and 7 depict the annoyance source data, proposed dBC ordinance limits and the background
conditions of Winter Springs and surrounding areas. The background sound levels have been split into
two groups, residential and commercial /industrial. The figures indicate that the proposed limits are
restrictive enough to catch known sources that resulted in enforcement and but not so restrictive as to
cause violations of existing conditions in this area.
Leq_10min, dB
CO
ICJ
Winter Springs Ordinance Research, Daytime levels
H
proposed daytime dBC crteriB
2' NJ - y
40 40
k
ism,
Figure 6. Daytime low frequency complaints, proposed ordinance value and background levels in the
Winter Springs area.
14
Final Report 1/31/13
Leq_10min, dB
Winter Springs Ordinance Research, Wight levels
prpposvd n'gntd3C ote*a
4.
c2 0
Figure 7. Night time low frequency complaints, proposed ordinance value and background levels in
the Winter Springs area.
Conclusions and Recommendations
This research effort has sought to establish a dBC criteria that is scientifically based, meets the needs of
the community and is not unreasonably restrictive. The technical literature review established a criteria
dBC value of approximately 65 dBC. A partial review of local ordinances in the United States found that
Leq based dBC criteria values were generally in the range of 65 -70 dBC. Local sound level data collected
during noise complaint investigations found that source levels that resulted in enforcement activity
were normally above 70 dBC during day time hours and above 65 dBC during night conditions. Lastly, a
sound survey of the Winter Springs area in both commercial and residential areas confirmed that
day /night criteria levels of 70/65 dBC were normally 10 dB higher than local ambient conditions. The
consideration of these factors leads to the recommended Leg1om;n 70 dBC limit for daytime conditions
15
Final Report 1/31/13
and 65 dBC limit for night hours as a low frequency noise standard for Winter Springs. Additional
changes to the ordinance include the following:
1.Revise the ordinance metric to Ten - minute Equivalent Level (Leglomin)
2. Add dBC criteria to the ordinance, similar to the A- weight (dBA) portion that specifies criteria levels
during day and night conditions (70 dBC daytime ; 65 dBC night time for residential receivers, see
Appendix A;Table2 for table of recommended criteria levels)
3. Add a background sound level verification to the ordinance and measurement SOP, this will ensure
that measured sound levels from the source are significantly higher than background conditions and
eliminate the possibility of a violation of a source due to sounds not generated by that source. Source
measured levels can be corrected according to ANSI standard S12.18-1994.
4. Remove pure tone section of the ordinance as experience has shown 1) this portion of the ordinance
has not been used since its inception in 2005 and 2) as it is written it is not possible for a Winter Springs
noise control officer to measure and identify pure tones.
Recommended changes to the Winter Springs ordinance text and table content are located in Appendix
A.
16
Final Report 1/31/13
References
[1] Community noise ordinance workbook, Chanaud Robert, C.; Simmons Robert, A. (EPA), INTER -NOISE
and NOISE -CON Congress and Conference Proceedings, InterNoise74, Washington DC, pp. 313 - 316(4)
[2]" Model community noise ordinance - a new approach to community based policy ": Brooks Bennett,
M.; Finegold Lawrence, S., INTER -NOISE and NOISE -CON Congress and Conference Proceedings,
NoiseCon05, Minneapolis MN, pages 747 -1394, pp. 1348 - 1353(6)
[3] "Information on levels of environmental noise requisite to protect public health and welfare with an
adequate margin of safety ", U. S. Environmental Protection Agency, 550/9 -74 -004, 1974.
[4] Schultz, T. J., "Synthesis of social surveys on noise annoyance," J. Acoust. Soc. Am., 64(2), pp. 377-
405, Aug. 1978.
[5] "Impact characterization of noise including implications of identifying and achieving levels of
cumulative noise exposure ", U. S. Environmental Protection Agency, 1973.
[6] "Effects of low frequency noise on people ", Broner, N. Journal of Sound and Vibration, 58(4), 1978.
[7] World Health Organization, Guidelines for Community Noise, 1999.
[8] American National Standards Institute S12.9 Part 4, Quantities and Procedures for Description and
Measurement of Environmental Sound - Part 4: Noise Assessment and Prediction of Long -term
Community Response, 2005.
[9] American National Standards Institute S12.2-2008, Criteria for Evaluating Room Noise, 2008.
[10] "A study on Low Frequency Sound in Living Environment ", Ochiai H., Kimura K., Internoise
Conference Proceedings, pp. 925 - 928,1984.
[11] Acoustic Ecology Institute Fact Sheet:Wind Energy Noise Impacts, Excerpted from a 25 -page AEI
Special Report: Wind Energy Noise Impacts., www.acousticecology.org
[12] "A review of published research on low frequency noise and its effects ", Leventhal!, G., Report to
Department for Environment, Food and Rural Affairs, London, England, May 2003.
[13] "Evaluation of annoyance from low frequency noise under laboratory conditions" Malgorzata
Pawlaczyk - Luszczynska, Adam Dudarewicz, Wieslaw Szymczak, Mariola Sliwinska - Kowalska, Noise and
Health (12), 2010; p. 166 -176.
17
Final Report 1/31/13
[14] Hessler, G.F," Proposed criteria in residential communities for low- frequency noise emissions from
industrial sources," Noise Control Engineering Journal, 52(4), July 2004.
18
Final Report 1/31/13
Appendix A: Winter Springs Ordinance Changes
Section 13 -27 Text Additions
"Background sound level shall mean the sound pressure level of the all- encompassing noise
emanating from a given environment, usually being a composite of sounds from many sources."
"Equivalent sound level (Leq) shall mean a sound level descriptor based on the average acoustic
intensity over time. Leq is intended as a single number indicator to describe the mean energy or
intensity level over a specified period of time during which the sound level fluctuated. The period of
time specified in this ordinance is ten minutes. Leq is measured in dB and is expressed according to the
weighting network as either A- weighted or C- weighted."
"A- weighted sound level shall mean the sound pressure level, in decibels, as measured on a
sound level meter using the A- weighting network. The level so read shall be designated as dBA."
"C- weighted sound level shall mean the sound pressure level, in decibels, as measured on a
sound level meter using the C- weighting network. The level so read shall be designated as dBC."
"Decibel (dB) means a unit for measuring the magnitude of sound, equal to 20 times the
logarithm (base 10) of the ratio between RMS sound pressure and reference pressure (20
micropascals)."
Sec. 13 -35. - Maximum permissible sound levels by receiving land use.
Revise text as indicated:
"No person shall operate or cause to be operated on private property any source of sound in such a
manner as to create a sound level which exceeds the limits set forth for the receiving land use category
in Table 2 when measured at or within the property boundary of the receiving land use. These maximum
permissible sound levels are Legl0min, dBA and dBC values measured in accordance with the guidance
provided in this article."
Remove Table 1.
Revise Table 2 as shown below.
19
Final Report 1/31/13
Table 2. Sound Levels by Receiving Land Use
Land Use Category Time Maximum Maximum
Permissible Permissible
Sound Level Sound Level
Leglomin: dBA Leglomin: dBC
A (noise sensitive zones) At all times 55 65
B (residential) 10:00 p.m. - 7:00 a.m. 55 65
7:00 a.m. - 10:00 p.m. 60 70
C (commercial) 10:00 p.m. - 7:00 a.m. 60 70
7:00 a.m. - 10:00 p.m. 65 75
D (Industrial) At all times 65 75
Remove Table 3.
Remove Sec. 13 -36. - Correction for character of sound.
Attachment 3
•
THURSDAY, FEBRUARY 14, :2013 El
COR1224897 �✓� - 2/14, 2/17/2013
ORANGE COUNTY TAX COLLEC-
FR SAOET F PRRESNO PAYMENT PROPOSAL
SERVICES TC -PU.R- 051513 -CC
TO BE RELEASED
FEBRUARY 14, 2013
The Tax Collector's Office Orlando,
Florida will receive sealed bids for
Payment Processing
Services through
the Tax Collector's website:
www.octaxcal.com.
COR1225041
02/14,15,16/2013
Fictitious
Name
NOTICE UNDER FICTITIOUS NAME STATUTE
TO WHOM IT MAY CONCERN:
Notice is hereby given that the under-
signed pursuant to the "Fictitious
Name Statute ", Chapter 865.09, Flori-
da Statutes, will register with the Divi-
sion of Corporations, Department of
State, State of Florida upon receipt of
proof of the publication of this notice,
the fictitious name to -wit: \'
Diamond Dolls Cleaning Service •
under which (I am) (we are) engaged
in business at 4116 Yellow Pine Ln.,
Orlando, FL 32811. That the (party)
(parties) interested in said business
enterprise is as follows:
Gillis 4118 Yellow Pine Ln.
Dated at Orlando, Orange County,
Florida, January 7, 2013.
COR1220142 1/10/2013
NOTICE UNDER FICTITIOUS NAME STATUTE
TO WHOM IT MAY CONCERN:
Notice is hereby given that the under-
signed pursuant to the Fictitious
Nome Statute', Chapter 865.09, Flori-
da Statutes, will register with the Divi-
sion of Corporations, Department of
State, State of Florida upon receipt of
proof of the publication of this notice,
the fictitious name, to -wit:
Great Start teaming Academy
under which 1 am) (we are) engaged
in business at 4522 San Sebastian Cir,
Orlando, FL 32808. That the (partvl
(parties) interested in said business
enterprise is as follows:
Takierra Corbin
Dated at Orlando , Orange , Florida,
02/07/2013.
COR1224815 02/14/2013
NOTICE UNDER FICTITIOUS NAME STATUTE
TO WHOM IT MAY CONCERN:
Notice is hereby given that the under-
signed Pursuant to the Fictitious
Name Statute ", Chapter 865.09, Flori-
da Statutes, will register with the Divi-
sion of Corporations, Deportment of
State, State of Florida upon receipt of
proof of the publication of this notice,
the fictitious name, to -wit:
Martin Architectural CAD Drafting
under which (I am) (we are) engaged
in business at 1137 Berkman Circle,
Sanford, FL 32771. That the (party)
(parties) interested in said business
enterprise is'as follows:
Wish. Marlin
Dated at Sanford , Seminole County,
Florida, 02/02/2013.
CO I21224974 02/14/2013
NOTICE UNDER FICTITIOUS-NAME STATUTE
TO WHOM IT MAY CONCERN:
Notice is hereby given than the under-
signed pursuant to the Fictitious
Name Statute', Chapter 865.09, Flori-
da Statutes, will register with the Divi-
sion 0f Corporations, Department of
State, State of Florida upon receipt of
proof of the publication of this notice,
the fictitious name, to -wit:
Totally Mod Event Furnishings
under which we are engaged in busi-
ness at 0124 Satellite Boulevard Orlando, FL
32837. That the party interested in said
business enterprise is as follows:.
Totally Mod Evens, LLC
Dated at Orlando, Orange, Florida
32806, Feb. 13, 2073.
COR1225072 02/14/13
Use OrlandoSentinel.com
CareerBuilder to start
building (or rebuilding)
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www.orlandosentinel.com/
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COR1223931
Orange County ;'Florida that - 4he::f r;-
' 0271412013 ange County Board of County Comrnis= - ,
stoners intends'ta,use the- bnffbrih
method tor .collecting the non_ -od; val --
000m, assessments levied by the -Or-
ange County. Board' of County Commis-
sioner's as set forth in Section. 107.3632,
Florida Statutes- These non-tad ' valorem assessments. ---
would be tevied and collected: by the
Orange- County Tax• Collectoe'bn the
'Navemget 2013 real estate tax bill and / l/
each errdeyery yeriri."fhereafterry until
notiftcaty6n_of di8600teiluance by the
Orange County Board, of County Corn-
missloners, Failure topoy the assess-
mentw1IP 'cafis`e,a°totf'certificote „tube _
issued against the property, which
may result in a lass of title. All affect-
ed property owners have the right to
appear at .the public hearing and,`the
right to tile_ written: objections with the
Orange Ctiunty'Board of County Com-
missioners within twenty (20) days of
the ptiblicot,,ton of 'this' notice)
Estimates, sketches ,_'and specifica-
tions of the described properties-are
on file in the Office of the Orange
County Comptroller (SP-eclat Assess-
ments), Orange County Administration
Center, 301 South Rosalind Avenue, Or-
lando, Florida, which''are open to The
public for 'inspection,
NOTICE OF PUBLIC HEARING' -
CITY OF WINTER SPRINGS
NOTICE IS HEREBY G(VEN THAT THE CITY
COMMISSION PROPOSES TO CONSIDER:
ORDINANCE NO. 2013 -82" '
AN ORDINANCE OF THE CITY COMMISSION
OF THE CITY OF WINTER SPRINGS'RORIDA-
AMENDING CHAPTER 13 ARTICLE IL NOISE)
OF THE CODE OF ORDINANCES; AMENDING
DEFINMONk MODIFYING MAXIMUM PERMIS-
SIBLE SOUND, LEVELS BY RECEIVING ND
O AMENDING R MELLANUAM NMNTS PRO-
VIDING
FOR THE REPEAL OF PRIOR'INCONSIS
TENT ORDINANCES AND RESOLUTIONS SEV-
ERABILITY, AND AN EFFECTIVE DATE.
FOR SECOND READING HEARING BE HELD ON
MONDAY, FEBRUARY 25, 2013 AT 515 -PM
OR SOON THEREAFTER IN THE
COMMISSION CHAMBERS LOCATED AT
WINTER SPRINGS CITY NALL
1726 EAST STATE ROAD 434
WINTER SPRINGS, FLORIDA
The proposed ordinance may be ob-
tained by interested parties between 8
a.m. and 5 p.m., Monday through Fri-
day, at the City's Clerk's Office, - locat-
ed at 1126 E. SR 434, Winter Springs,
Florida. For more information, -
call
(407) 327 -1800 46227. Persons with dis-
abilities needing assistance to partici-
pate in any of these proceedings
should contact the Employee Relations
Department Coordinator,, 48 hours- in
advance of the meeting et (407) 327-
1800, #236. This is a Public-Hearing. In-
terested parties are advised that they
may appear at the meeting and be
heard with respect to the proposed or-
dinance. If you decidel0 appeal any
recommendation or decision made by
the City Commission, with respect to
any matter considered at this meeting,
you will need a record of the proceed-
ings, and for such-purposes, you may
need to ensure that a verbatim record
of the proceedings is made upon which
the appeal, is based -
SLS7224938' _ 02/14)2013
L COUNTY
',NOTICE Of PUBLIC HEARING -
IF YOU HAVE ANY QUESTIONS REGARDING •
THIS NOTICE CONTACT THE ORANGE COUNTY
DEVELOPMENT ENGINEERING DIVISION,
407- 836.7958 Entail: lounles:o'fanilleoctlnel
' PARA. -MAS INFORMACION REFERENTE A ESTA
VISTA PUBUCA CON RESPECTO A UNA AUDEN-
CIA PUBUCA SDBRE PROPIEOAD EN SU AREAS
VECINOAD FAVOR DE COMUNICARSE CON LA
DIVISION bE INGENIERIA Y OE DESARROLLOS,
AL 01001080, 407 - 836.7751 '
The Orange County. Board of County
Commissioners will conduct a public
hearing on March 12 2013, at 2 Pas or, as_
soon thereafter as possible; in the
County Commission Chambers,. First
Floor,, County Administration Center,
201 50050 Rosalind Avenue, Orlando,
Florida. You- are invited to attend and
be heard regarding:, '
Consideration: The Retreat at Orlando
PD/The Retreat at Orlando -Develop-
rnent Plan (DP) - Student Housing.;
Case if DP -12 -01 -011 submitted in ac
cordance with Article ll 'Section 34 27
of the Orange County Subdivision Reg
ulations; This project is proposing to
construct, student housing with 894
beds on a total of approximately 45.55
Location- District 5; property lly
50 / E
located North of State Road 50 / East
of Rouse Road; Parcel IDs 16- 22 -31 -
0000.00 -030, 16-22-31-0000-00-053,16-22.31-
0000- 00 -054, 16-22-31-0000-00-047,16-22-31-
0000-GO-052, 16- 22- 31- 0000 -00 -033, 21- 22 -31=
0000- 00 -058, 21 22 31 0000 -00 059; Orange
County, Florida (legal property de"
scription on file in Development Engt
neering Division)
You may obtain a copy of the legal
property description by calling the Or-
ange County Development Engineer-
ing Division, 407- 8367956; or pick one
up at 4200 S. John Young Pkwy.; First
Floor; Orlando,- Florida.
H you wish to appeal any, decision made by the
Board of County Commissioners at this meeting
you will need a record of the proceeding0ss You
should ensure that a verbatim record of the pro
ceedings is made which record includes the
testimony end evidence upon which the appeal
is to be based.
8 you require special accommodations ander
the Americans with Disabilities Act of 1990,
Please cell 407- 83E5631 no later than - two busi-
ness days prior to the hearing for essistande. Si
anted requiere a1uda especial balo to lay de
Americnnos con f�n "cepacidades de 1990, Fr fa-
vor (lama al 407 -M -3111.
Martha 0. Haynie County Comptroller
As Clerk of the Board of
County Commissioners "
Orange County, Florida
OLS1223899 02/14/13
1
Assessments are due and payable the
same 05 property loxes and bear The
some penalties for delinquency-as
property taxes, including potential loss
of property title through fax certifi-
cate and tax deed sale. The Uniform
Method for the levy, - collection and en -'
forcement'of non -ad valorem assess-
['dents; Secti on: 197:3632: Ftoridd Stet -
,ufeu, will be used'-for collecting the .as,
sessments.- -- - - - •
The following is the property to be as-
sessed and the type and °amount of as-
sessment estimated for the first year;
please note that the assessments- for
these properties are all based on a flat
rate per tot per year basis: -
- AzaleaCove- Estates -
Suaepighdng: 872.04 Retention Pond: 372.40 _
Subdivision Name: Azalea Cove- Estate's,
Plat Book 70, Pages "133' and t34€ Section
13,- Townshi -d22, Range 30 Loh`ttingogh
96; .Public Records of Orange County
Florida This subdivision is located- In
District 3 , :.-
The' fallowing Is the property to be es-
sessed-ait the-tYpe and: amount of'as-
sessme,nnt estimated for thesttrst yeaa
please- note:that the assessments)-for
theseiproperties ore all based oa`p' flat
rate- per - lot per year basis: `x ss;
'Ceootryvvalk links 4 and Y Phones t and Y
ShaeDIghbag_ 510000 Reteettert Pond• S 2.40°
Sutidwision`Name: Counts watk,Uniti'4
and•5 Phases 1 and 2, Plat Book- 78;-Pages
1 through'- 4'- Section 32," Township 22,.
Range -31, tots -1 Through 90•'Publice Re-
cards of Orange.County,,,Flarida ;ThlS
subdivision is located in District )4-
The; fal lowing is the Prettier-brio be as-
sessed and the type and=omount'dfAs-
sessmept estimated for -thelfirstvearc
pyease,note -- that 'the assessments for
these properties are all ,based'on n -flat
rate per"iot pet year -bests
taketrOf,Winderigeri -vr
lake Reams Townhemes IJack'son Property!,-
and' Lakes of Windenneta-,•.
Lahti Iterms ;Townhomes Phase 2.12113::.
`.; Streethgho+W: $0,11(k-,
Subdivision Nainet takes'.uf Windenjefm -
Lake; Reams.Townhames (Jackson etapdrti);
Plat Book -53, Pa es 521lma8ph 61 Sec
tions Dt and 36, Townships 33 and-,24,
Range 21 Lotsf though 128 : -y
Subdivision 'Name tokee`.ef Windermere
Lake-Reama Towithomes- Phane'2, P.Iat Book
61, Pages 66,ihrengh 71, Sections 01 and 36
Townships.23 end 24, Ranger 27, Lots 221 \
through,305t and , . '
Subdivision Name:' Lakes of Wiederieare-
Lake Reems)Townhamea Phasei3; Mat Book
77, Pages 32 and 33, Sections 01- and 36,
Townships 23'and 24, Range 27, Lots 1
through12;- Public Recor.,ds'bkOrange
County Florida These subaFV{isiong
are - located IrIi District'I f
The following -is the praperfsr1t bas=
sessed and the type and'gmount of qqs=
sessm'enf estimated farjfie „first year;
please 'note that - the, assessments for
these Properties are alLhdsed on a flat
rate per parcel per. yeartbesis;
Sooth'Apopka %Ira
- - , . - ' Streefli- gtliiting: 111.0
Subdivision Name:' Abbott. Caroline A Sub,
Plat Book B, Page 30, Section 21'7 Town -
shit -21, Range 28, Lots 1.througb_311;
Subdivision Name: BemaeY 8e`p161,,Plat,
Book 18, Page 99, Section 09 .Township
21, Range' 28, Lot 1,. Lots 2A through;OA
and Lots 28 through 11B; _ - -
Subdivision Name: Board Sub, Plat