HomeMy WebLinkAbout2019 05 13 Public Hearing 400 - Second Reading of Ordinance 2019-07 regarding prohibited noise disturbances in residential areas PUBLIC HEARINGS AGENDA ITEM 400
1959
CITY COMMISSION AGENDA I MAY 13, 2019 1 REGULAP MEETING
TITLE
Second Reading of Ordinance 2019-07 regarding prohibited noise disturbances in
residential areas
SUM MARY
During the City Commission workshop process, which has been taking place this
past month, the City Commission expressed a desire to adopt modifications to the
City noise ordinance to specifically prohibit noise generated by power equipment
and power ground maintenance equipment during certain hours of the day in
residential areas. Additionally, the City Commission expressed a desire to clarify the
emergency exception under the City's noise ordinance to specifically include the
City's use of emergency management declarations and the emergency use of
generators.
Ordinance No. 2019-07 was preliminarily reviewed at the Commission workshop on
April 15,2019. At that meeting,the consensus of the City Commission was to proceed
with the public hearing and adoption process of Ordinance No. 2019-07, with
additional modifications being made to the Ordinance regarding the emergency
exception.
Relevant to the proposed Ordinance No. 2019-07, the existing Noise ordinance,
Chapter 13, Article II, defines the following applicable terms:
• Residential area means those areas zoned and designated for residential
uses on the city's official zoning map (including, but not limited to, P-IAAA,
P-Cl, P-IAA, P-1A, P-1, P-3 and PUD residential) and/or future land use map
or areas where residential uses exist.
• Emergencymeans any occurrence or set of circumstances involving actual
or imminent physical trauma or property damage that demands immediate
action.
• Emergency workmeans any work performed for the purpose of preventing
or alleviating the physical trauma or property damage threatened or caused
by an emergency.
If Ordinance No. 2019-08 is adopted, the Ordinance will prohibit the following noise
in residential areas:
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.
The terms "power tool equipment" and "power ground maintenance equipment"
will be defined as follows:
• Power too/equipment sha I I 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
specialty equipment 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 ground and plant irrigation
equipment.
In addition, the proposed Ordinance No. 2019-07 modifies the existing emergency
exception in the Noise Ordinance to clarify that emergencies include:
(1) exemptions enacted pursuant to an emergency declaration under Chapter 2,
Article VI I of the City Code;
(2) emergency use of a generator.
At the April 22, 2019 City Commission meeting, the Commission voted 3-2
recommending the City Commission approve Ordinance 2019-07.
RECOMMENDATION
Staff recommends the City Commission conduct a Public Hearing for consideration
of passing Ordinance 2019-07 on Second Reading.
PUBLIC HEAPINGS AGENDA ITEM 400 1 MONDAY, MAY 13, 2019 1 PAGE 3 OF 3
ORDINANCE NO. 2019-07
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 PROHIBITED 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; MODIFYING THE EMERGENCY
EXCEPTION UNDER CHAPTER 13, ARTICLE II; 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.2019-07
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 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 specialty equipment 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 ,ground and plant irrigation equipment.
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 stfikeetA type indicates
deletions):
Sec. 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.2019-07
Page 2 of 5
(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 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.
City of Winter Springs
Ordinance No.2019-07
Page 3 of 5
(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.
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, or exemptions enacted pursuant to an emergency declaration under Chapter 2,
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.
[Adoption Page Follows]
City of Winter Springs
Ordinance No.2019-07
Page 4 of 5
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular
meeting assembled on the day of , 2019.
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.2019-07
Page 5 of 5
D4 odando sentinel maradsf,,M"z,tore
CLASSIFIED Toplace anad:
♦oxwxnoSevx,Nca. m/AxuE SE
♦M..c 800-669-5757 Exam 9 ani To 6 nm.
Moxnnv Txxcucx Fetnav
Orlando Sentinel
tribune publishing Employment Ch�Stuff
recruitment services &Recruiisein
ting fpre
Sell merchandise$100
and under at
Find your next job at lie orlandosentnelcom/Advenise
Legal 96111
" Notices TransporGaGion
Legalices
NOH
m=,a=, ssoo"ow0 o„�=a.�oo..mm11 p on ow
10 loulh 01-1
__ow_ o,nH o,, ins
ozn
E.AYIMORA
=a Da.=d. "s Ramo �z,z sa�a =se w
U.0 R1
= d .mw0o�=� mm
w ssoo" =se,�� ,o= w�
R Coo
TEMPoRARY ....ED
Onl,ne I non,ng
nlo,11
Huge B-1 Ne.
o,d =re�e.Me�im a.00Ps io=a,�o=. ssoo"ow0 III+�o=n.m' ssoo"ow0o„�=a,=o o11
REGUL-1001 THE-DE 01 -DILLAC
RIPOnIonlo
����
w eo,000.e o, oHeo P e M
w
eGs
.6 110M Th 1Y I
p E RP 011-16106
TLpMAN M� Le
�oo" �o,� �op"wNo,�===op,mm
o.." -5-ooplfeg�l lhom Co, 1E L-onURh�1BRB TOYOTA 11+IN ITOCK'
11
m-� RealEsGaGe —oo
uooeoK"ow-o„L==.=o.m
mM�ado,
eD
oeEo
NlLI
VHIO
Ueg.I
fiorRenG usa,
hop" op�AREAS DUR 5T
mm
BILI AND AN 11 IDCe�Y11111
ME 'EV E- 0,Ionlo,1111 Thou,0onZ,1eemeRe1o,1
HALL,11.EAIT 11TE ROAD
TransporGaGion com unity
BulleGinBoard
NOTICE
w,o, Fa,E _..ap,o,
E
Ifl€f1Y CPRE
ted.
e.
ll
1101 lo,
=se o .RNHTNp o.=me=
Vlmou on 'o oolmP on O,Ionlo T010-1—A- f6
he n' D ANN `dveo"obmo
Huge, No
YO AWLLNTEPA LILLDALIEB�AE REONLINE
00.9o en
IINAL NI$CEILWEW$
lhne�y7m'oeyd _=
le heollreL 11
le h 1h 1he
opo.
Coj,IN
_ Kyle =,�pp�,° 'on"Op Boys&Girls Clubs of Central Florida:
°� ��� BUILDING GREAT FUTURES
S__ENT AND RELATE D
EVERABILITY o Each year,Boys&Girls Clubs of Central Florida provides
E,, a safe place to learn and grow for more than 15,000 at-risk
ANNTDO THE CODE o AN_ECT VE E Merel l'andi.Se children in our region.
WILL BE HELDON
pd�p,„=ps=p=,�_TI11 Every day after school,and all summer long,children
come to our Clubs to receive the academic and
emotional support,extracurricular opportunities,
oN TM and life skills they need to become productive
.EET ,HoFoa,Ewo, H �'fNAffi'1'i'iL1�
NOTICE111
and successful adults.
FOR p'= For more informationon how
Coll Poul' 171
lAit�ZC)J ou can make a difference,
visit beccf.org or find us
on Facebook:@beccf
he h
le,on mole 1Y 1he We CIH R11 1.R1 I
el 9169
ILOR
Boggy Ce
of lox 1111611151 90M 1
CD,lo—
The PUBL 1H IN THE BU11NE11
n 1,evrSWW�/
meel
The
Mly