HomeMy WebLinkAbout2019 04 15 Discussion Item 2 - Draft Noise Ordinance ORDINANCE NO. 2019-
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
WINTER SPRINGS,FLORIDA; AMENDING THE CITY OF WINTER
SPRINGS CODE OF ORDINANCES, CHAPTER 13, ARTICLE II.
REGARDING PROHIBITTED NOISE DISTURBANCES TO
INCLUDE THE USE OF POWER EQUIPMENT AND POWER
GROUND MAINTENANCE EQUIPMENT OUTDOORS IN
RESIDENTIAL AREAS DURING CERTAIN LATE EVENING AND
EARLY MORNING HOURS; PROVIDING FOR 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 II 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, 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, 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 further the City's legitimate and substantial government interest in minimizing noise pollution;
and
City of Winter Springs
Ordinance No.2019-
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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 II; 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
amended to add the following new definitions(underlined type indicates additions):
Power tool equipment 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 common 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, for housework tasks
such as cleaning and power washing, and around the house for purposes of driving (fasteners),
drilling mixing cutting, shaping, sanding, grinding, routing polishing,painting,heating, cooling and
more.
Power ground maintenance equipment shall mean stationary or portable specialtyquipment and
vehicles that are actuated by an additional power 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, lawn
and other mowers, trimmers, blowers, edgers, rotary brushes, tractor mounted devices, mechanical
rakes, chainsaws, hydraulic lifts, mechanical sprayers, construction trucks, mechanical sod cutters,
chippers, and trenchers. Such equipment does not include lawn and plant irri ati�on pumps.
Section 3. Code Amendment - Prohibitions. Section 13-31 of the City Code is hereby
amended as follows(underlined type indicates additions and str-ikee+t type indicates deletions):
See. 13-31. - Specific—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-
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(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 twenty-five (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) Loudspeakers. Using or operating any loudspeaker,public address system, or similar device:
(1) 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 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 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 ride
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.
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Ordinance No.2019-
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(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 fifty (50) feet or the nearest
shoreline,whichever distance is less.
0) 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.
(k) Power Tool Equipment and Power Ground Maintenance Equipment. It shall be unlawful to
operate or permit to be operated any power tool equipment or power ground maintenance
equipment in residential areas outdoors between the hours of 10:00 p.m. and 7:00 a.m. the
following day, with the exception that the outdoor use of ground 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.
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.
[Adoption Page Follows]
City of Winter Springs
Ordinance No.2019-
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ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular
meeting assembled on the day of 12019.
Charles Lacey, Mayor
ATTEST:
Andrea Lorenzo-Luaces,City Clerk
APPROVED AS TO LEGAL FORM
AND SUFFICIENCY FOR THE CITY
OF WINTER SPRINGS ONLY:
Legal Ad:
First Reading:
Anthony A. Garganese, City Attorney Second Reading:
City of Winter Springs
Ordinance No.2019-
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