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HomeMy WebLinkAboutOrdinance 2019-07 - Noise-Xlxt it- ur, 11; X M" V t THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE, 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 Chapter 13, Article 11 of the City Code 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, goverrinient may ttan them down.") (citing Kovacs, 336 U.S. at 80, 69 &Ct. 448, and Saia, 334 U.S. at 562, 68 S.Ct. 1148); and WHEREAS, the amendments to the City's Noise Ordinance set forth herein, are based on a significant number of citizen, complaints regarding the operation of power and grounds maintenance equipment in residential areas during unreasonable hours of the day that negatively impact the peace, serenity and repose of residents in their homes; and WHEREAS, the 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; 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 farther the City's legitimate and substantial government interest in minimizing noise pollution; and. City of Winter Springs 041nance No. 2019-07 Page 1, of 5 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 the amendment to Section 13-31 provided herein is intended to be a specific prohibited noise disturbance that is applicable at the time prescribed herein notwithstanding the decibel-based standards set forth elsewhere in Chapter 13, Article 11,- 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, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference as legislative findings and the intent and purpose of the City Commission of the City of Winter Springs. Section 2. Code Amendment – Definitions. Section 13-27 of the City Code is hereby anicrided to add the following new definitions (underlined type indicates additions): Power tool eatri nnient shall mean a tool that is actuated by an additional power source and mechanism other than the solely manual labor used with hand tools. The most comi-non types of power tools use electric motors, internal combustion engines and compressed air. Power tools may be stationary or portable and are used in industry, in construction in the garden iforhousework tasks such as cleaning and power washing, and around the house for purposes of driving (fasteners), drilling, mi more. Power zround maintenance equipinert shall mean stationary or portable specialty equipment and vehicles that are actuated by an additional Mower source and mechanism other than the solely manual labor used with hand tools. The most common types of such power equipment and vehicles use electric motors, internal combustion engines and compressed air including, but not limited to, law ' n and other mowers, trimmers, blowers, edgers. rotary brushes, tractor mounted devicesmechanical rakes, chainsaws, hydraulic lifts, mechanical spravers, construction trucks, mechanical sod cutters, chinners. and trenchers. Such equipment does not Section 3. Code Amendment - Prohibitions. Sections 13-31 and, 13-32 of the City Code are hereby amended as follows (underlined type indicates additions and type indicates deletions): See. 13-31. - Speciflc—Noise disturbances prohibited. 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: City of Winter Springs Ordinance No. 2019-07 Page 2 of 5 (1) Between the hours of] 0:00 p.m. and 7:00 a.t . 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 1,3-33,- (2) In such a manner as to create a noise disturbance at twenty-five (2 5) feet front 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) Loudspeakers. Using or operating any loudspeaker, public address system, or similar device (1) Between the hours of 10:00 p.m. and 7:00 aari, the following day, such that the sound therefrom creates a noise disturbance across a real property boundary or within a noise sensitive zone; (2) 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 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 pm. and 7:00 am, 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; (c) Vehicle and boat rej)airs. Repairing, rebuilding, i-nodifying, 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 qfpublic 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. City of Winter Springs Ordinance No. 2019-07 Page 3 of 5 (1) 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 fifty (50) feet or the nearest shoreline, whichever distance is less. 0) Xoise sensitive 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. (k) Power Tool Equiprrment and Power Ground Maintenance Equipment. It shall be unlawful to operate or perirtit to be operated any power tool equipment or nower 2round maintenance equipment in residential areas outdoors between the hours of 10:00 p.m. and 7:00 a.m. the following day, with the. exec ption _that the outdoor use of round maintenance equipment on public recreational fields and golf courses within residential areas shall be unlawful under this subsection between the hours of 10:00 p.m. and 6:30 a.m. the following day. See. 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 perfon-nance of emergency work, or exemptions enacted pursuant to an emergency declaration under Chapter 3, Article VII of the City Code, or to the emergency use of a generator. Section 4. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Commission, or parts or ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. 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. 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 7. Effective Date. This Ordinance shall become effective upon adoption by the City Commission of the City of Winter Springs, Florida, and pursuant to City Charter, ZMEMISMUSM18= City of Winter Springs Ordinance No. 2019-07 Page 4 of 5 ADOPTED by the City Corarnission of the City of Winter Springs, Florida, in a regular meeting assettibled on the 13th day of May, 2019, ATTE,T® 0, �' I'll, I Ch_rigil�j,­ 'MW _1- n zc-f,ta ccs City Clerk nese, City Attorney City of Wititer Spriiigs Orditiance Nod 2019-07 Page 5 of 5 Legal Ad-, iia v,2,2019 First Reading: --- April 22.21119 Second Reading: