HomeMy WebLinkAboutOrdinance 2005-16 Noise Ordinance
ORDINANCE NO. 2005-16
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, FLORIDA AMENDING
CHAPTER 13 OF THE CODE OF ORDINANCES,
NUISANCES; ESTABLISHING A COMPREHENSIVE NOISE
ORDINANCE; PROVIDING FOR INTENTS AND PURPOSES;
CREATING MAXIMUM PERMISSIBLE SOUND LEVELS
AND LIMITATIONS WITHIN THE CITY OF WINTER
SPRINGS; PROVIDING FOR THE REPEAL OF PRIOR
INCONSISTENT ORDINANCES AND RESOLUTIONS; FOR
SEVERABILITY; AND FOR 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, excessive sound is 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, a substantial body of science and technology exists by which excessive sound
and vibration may lie substantially abated; and
WHEREAS, the citizens of the City of Winter Springs 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 oflife; 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, municipalities may enact ordinances to protect the public from excessive noise.
See Duffy v. City of Mobile, 709 So. 2d 77 (Ala. Ct. App. 1997); and
WHEREAS, the City has contracted with the University of Central Florida Community Noise
Lab for the purpose of conducting an extensive study of the City's ambient noise levels; and
WHEREAS, the noise control regulations set forth herein are based on the City of Winter
Springs Community Noise Control Ordinance Report, dated November 1, 2004, prepared by the
UCF Community Noise Lab, which sets forth a recornrnended comprehensive noise ordinance
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Ordinance No. 2005-16
Page 1 of 19
addressing the City's existing sound levels and desired serenity within the City; 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 desires to recognize that section 316.293 regulates motor
vehicle noise on highways of the state and that Section 316.293 (5), Florida Statutes, provides that
no person shall modify the exhaust system of a motor vehicle or any other noise-abatement device
of a motor vehicle operated or to be operated upon the highways of this state in such a manner that
the noise emitted by the motor vehicle is above that emitted by the vehicle as originally manufactured
and that said prohibition shall also apply on roads that are under the jurisdiction of the City; 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 prohibitions contained in section 13-31 are intended to be specific
prohibitions which may be more likely to occur; and
WHEREAS, the City Commission declares, as its legislative intent, that the prohibitions in
section 13-31 shall not be construed as an exhaustive and exclusive list of possible violations of this
ordinance; 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.
reference.
Recitals. The foregoing recitals are hereby incorporated herein by this
Section 2. Code Amendment. The City of Winter Springs Code, Chapter 13, is hereby
amended as follows: (underlined type indicates additions and strikeout type indicates deletions, while
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Ordinance No. 2005-16
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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 remain
unchanged from the language existing prior to adoption of this Ordinance).
CHAPTER 13. NUISANCES
***
ARTICLE II. NOISE
DMSION 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 ourpose.
(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 preemoted by state law including. but
not limited to. motor vehicle noise under section 403.415. Florida Statutes.
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Ordinance No. 2005-16
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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) A-Weighted Sound Level means the sound pressure level in decibels as measured on
a sound level meter using the A-weighting network. The level so read is designated dB(A)
or dBA.
(b) ANSI means the American National Standards Institute.
(c) Ambient Noise Level means the sound pressure level. in decibels. as measured on a
sound level analyzer using the A-weighting network that represents the existing noise level
of all surrounding sources.
(d) 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-L C-2. C-3. PUD
commercial. CC and GID) and/or future land use map or areas where commercial uses exist.
(e) 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.
(f) Decibel (dB) means a unit for measuring the volume of sound. equal to 20 times the
logarithm to the base of the ratio of the pressure of the sound measured to the reference
pressure. which is 20 micropascals (20 micro-newtons per square meter).
(g) Demolition means any dismantling. intentional destruction or removal of structures.
utilities. public or private right-of-way surfaces. structures or similar property.
(h) Emergency means any occurrence or set of circumstances involving actual or
imminent physical trauma or property damage which demands immediate action.
(i) Emergencv Work means any work performed for the pUI:pose of preventing or
alleviating the physical trauma or property damage threatened or caused by an emergency.
(j) Noise Control Officer ("NCO") means any code enforcement officer of the Winter
Springs Police Department including law enforcement officers.
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Ordinance No. 2005-16
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(k) Equivalent A-Weighted Sound Level (L) means the constant sound level that. in a
given situation and time period. conveys the same sound energy as the actual time-varying
A-weighted sound.
(l) 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.
(m) Industrial Area means those areas zoned and designated for industrial use on the
City's official zoning map (including. but not limited to. 1-1) and/or future land use map or
areas where industrial uses exist.
(n) Motor Vehicle means any vehicle which is defined as a "motor vehicle" bv Chapter
316. Florida Statutes.
(o) Motorboat means any vessel which operates on water and which is oropelled by a
motor. including. but not limited to. boats. barges. amphibious crafts. water ski towing
devices and hover crafts.
(p)Motorcycle means any "motorcycle" as defined in Chapter 316. Florida Statutes.
(q) Muffler or Sound Dissipative Device means a device for abating the sound of escaping
gases of an internal combustion engine.
(r) 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.
(s) Noise Disturbance means any sound which:
(1) Endangers or iniures the safety or health of humans or animals: or
(2) Annoys or disturbs a reasonable person of normal sensitivities: or
(3) Endangers or iniures 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 a noise disturbance per se. 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.
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(t) Noise Sensitive Zone means any area designated by the City Commission for the
purpose of ensuring exceptional quiet in accordance with Section 13-44.
(u)Octave Band means the sound pressure level of a defined frequency band with the
reference pressure being 20 micro-newtons per square meter. As used in this Article. these
are defined in Table I of this Article.
(v) Person means any individual. association. partnership. corporation. entity or agency
including any officer and employee thereof.
(w) PoweredModel 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.
(x)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.
(y) 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.
(z) Public Space means any real property or structures thereon which are owned or
controlled by a governmental entity.
(aa) Pure Tone means any sound which can be distinctly heard as a signal pitch or a set
of single pitches. F or the purposes of the Article. a pure tone shall exist if the one-third
octave band sound pressure level in the band with the tone exceeds the arithmetic average
of the sound pressure levels of the two contiguous one-third octave bands by 5 dB for center
frequencies of 500 Hz and above and by 8 dB for center frequencies between 160 and 400
Hz and by 15 dB for center frequencies less than or equal to 125 Hz.
(bb) Residential Area means those areas zoned and designated for residential uses on the
City's official zoning map (including. but not limited to. R-I AAA R-C 1. R-I AA. R-I A R-1.
R-3 and PUD residential) and/or future land use map or areas where residential uses exist.
(cc) RMS Sound Pressure means the square root of the time averaged square of the sound
pressure. denoted P =
(dd) Sound means an oscillation in pressure. particle displacement. particle velocity or
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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.
(ee) 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 S 1.4 - 1971. or the
latest approved revision thereof). If the frequency weighting employed is not indicated. the
A-weighting shall apply.
(ff) Sound Level Analvzer 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.
(gg) 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.
(hh) 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
sound pressure level is denoted Lv or SPL and is expressed in decibels.
(ii) 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 bv this Article shall be administered by the City of
Winter Springs Police Department. Code Enforcement Division.
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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.
(e) Conduct inspections. specifically. to:
(1) Upon presentation of proper 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 ofthis 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:
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Ordinance No. 2005-16
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(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 speaking and public assembly activities conducted on anv public
space or public right-of-way shall be exempt from the operation of this Division.
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. phonograoh. 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
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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 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 residential real property boundary or within a noise sensitive zone:
(2) For any commercial purpose:
(A) Such that the sound there from creates a noise disturbance across a real
property boundary or within a noise sensitive zone: or
(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 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
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Ordinance No. 2005-16
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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: Firearms. Using or firing explosives. firearms. 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.
(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
DIVISION 4. EXCEPTIONS AND VARIANCES.
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
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Ordinance No. 2005-16
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emergency work.
Sec. 13-33. Special Event Variances.
(a) The City Commission 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 Commission. 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 Commission
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
grantin~ 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 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
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.
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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 Commission for a variance for time to comply with this
Article. The City Commission 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 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 Commission 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 Commission may
reasonably require.
(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 subiect 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 Commission 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.
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Sec. 13-35. Maximum Permissible Sound Levels by Receiving Land Use.
No person shall operate or cause to be operated on private propertv 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 Leq, dB(A) values measured in accordance with the
guidance provided in this Article.
Table 1. Octave Bands Defined
Frequency Range Geometric Mean (or Center Frequency) of
Octave Band
22-44 31.5
44-88 63
88-177 125
177-355 250
355-710 500
710-1420 1000
1420-2840 2000
2840-5680 4000
5680-11360 8000
Table 2. Sound Levels by Receiving Land Use
Land Use Category Time Maximum Permissible
Sound Level
L: dB(A)
A (Noise Sensitive Zones) At all Times 55
B (Residential) 10:00 p.m. - 7:00 a.m. 55
7:00 a.m. - 10:00 p.m. 60
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Ordinance No. 2005-16
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C (Commercial) 10:00 p.m. - 7:00 a.m. 60
7:00 a.m. - 10:00 p.m. 65
D (Industrial) At all Times 65
Sec. 13-36. Correction For Character of Sound.
For any source of sound which emits a pure tone or impulsive sound. the maximum sound
level limits set forth in Section 13-35 shall be reduced by 3 dB(A). In addition. octave band
frequency limits in dB as established in Table 3 (daytime) and Table 4 (nighttime) shall not be
exceeded.
Table 3. Maximum Permissible Limits By Octave Band if Pure Tones Exist (Daytime)
Land Use A Noise Sensitive B Residential C Commercial D Industrial
Category Zones
Octave Band
Center
Frequency
31.5 72 75 80 80
63 71 74 78 78
123 65 67 73 73
250 57 63 67 67
500 n 56 Ql 61
1000 45 n 56 56
2000 39 47 52 52
4000 34 45 48 48
8000 32 40 45 45
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Table 4. Maximum Permissible Limits by Octave Band if Pure Tones Exist (Nighttime)
Land Use A Noise Sensitive B Residential C Commercial D Industrial
Category Zones
Octave Band
Center
Frequencv
31.5 72 72 75 80
63 71 71 74 78
123 65 65 67 73
250 57 57 63 67
500 n n 56 61
1000 45 45 n 56
2000 39 39 47 52
4000 34 34 45 48
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:
!& 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
S 1.4-1971. If octave band testing is required. octave band or one-third octave band analyzers
filter sets shall conform to ANSI 1.11-1976.
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Ordinance No. 2005-16
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(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 willfullv 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 abatement
of noise shall be fined for each day in violation of said notice or order a sum of $500.00
dollars.
(c) Each day of violation of any provision of this Article shall constitute a separate
offense.
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
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 continuous sound levels in excess
of those shown in Table 2. Ifimllulsive sounds or pure tones exists. values in Table 2 should
be reduced by 3 dB(A). In the case of pure tones. Table 3 and 4 shall also apply.
(b) Any person subiect to an order issued oursuant to subsection (a) shall comply with
such order until:
(1) The sound is brought into compliance with the order. as determined bv the
noise control officer: or
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(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
of 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.
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. 13-3545--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.
City of Winter Springs
Ordinance No. 2005-16
Page 18 of19
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 8th day of August ,2005.
John F. Bush, Mayor
ATTEST:
ANDREA LORENZO-LUACES, City Clerk
Approved as to legal form and sufficiency for
the City of Winter Springs only:
ANTHONY A. GARGANESE, City Attorney
First Reading: July 11, 2005
Second Reading: August 8. 2005
Effective Date: See Section 6.
City of Winter Springs
Ordinance No. 2005-16
Page 19 of 19
Orlando Sentinel Publication
(document needs to be rescanned
vertical)
Orlando
Sentinel
RECEIVED
AUG .. 2 2005
Published Daily
~tatt of jfloriba } 5.5.
COUNTY OF ORANGE
CITY OF \lVJNTER SPRINGS
Finance Department
Before the undersigned authority personally appeared LE ANNE M. HILL
, who on oath says
that he/she is the Legal Advertising Representative of Or1ando Sentinel, a dally
newspaper published at , , . in
County, Florida;
(j
that the attached copy of advertisement, being a . . 6
in the matter of XXXXXXXXXXXXXXXXXX 2001}-1
in the
was published in said newspaper in the issue; of
Court,
,\ .,'
f i
Affiant further says that the said Orlando Sentinel is a newspaper published at
,in said
County, Florida,
and that the said newspaper has heretofore been continuously published in
said .. . County, Florida,
each Week Day and has been entered as second-class mail matter at the post
office in in said
Coun ,Florida,
for a period of one year next preceding the first publication of th ttached
copy of advertisement; and affiant further says that he/she has n er paid
nor promised any person, firm or corporation any disc r te,
commission or refund for the purpose of securing this adv rti t 0
publication in the said newspaper.
(SEAL)
The foregoing instrument was acknowledged before me this
J U L Y , 20 ---.0.5.-, by
who is personally known to me and "':~
f.......BEVE.RLy. c~. sttvlMONs........!
. .
~ $..~~;~I~~~,"-:. Comm' 000387737 :
: €~~,,~ Expires 3/10/2009 :
: h~'ji,*} Bonded thru (800)432-4254;
: ..,~',~~H:(;.~~~:..,.... F'onda ~o\ary Assn., Inc :
II' ... '..'" ... .. ~. ~........:
NOncE OF PUBUC HYRING
CITY OF W1NltR spRINGS.
R.ORIOA i
NOTICE IS HEREBY GIV-
EN bv the Cltv Commission
of the Cltv of Winter
Springs, Florida. that sold
Commission will hold a pub-
lic Hearing an an ordinance
entitled as follows:
OROINANCE NUMBER
2005-16
AN OROINANCE OF THE CITY
COMMISSION OF THE CITY
OF WINTER SPRINGS. RORI.
OA AMENOING CHAPTER 13
OF THE COOE OF ORDINANC-
ES. NUISANCES; ESTABUSH-
ING A COMPREHENSIVE
NOISE ORDINANCE;PROVID.
ING FOR INTENTS AND PUR.
POSES; CREAnNG MAXIMUM
PERMISSIBLE SOUND LEVELS
AND L1MITAnONS WITHIN
THE CITY OF" WINTER
SPRINGS; PROVIDING FOR
THE REPEAL OF PRIOR IN.
CONSISTENT ORDINANCES
AND RESOLUTIONS; FOR SEY.
ERABIUTY; AND FOR AN EF-
FEcnvE DATE.
This Public Hearing will be!
held at 6:30 P.M. on August I
8. 2005 or as soon thereafter
as possible In the Commis-
sion Chambers. Cltv Hall.
1126 East SR .c34. Winter
Springs. FL. 32101. CoPies of
the proPOMCl ordinance are
available In the office of the
Cltv Clerk for in_ctlon.
Persons with disabilities
needing assistance to partlc.
ipate In anv of these pro-
ceedings should contact the
Emplovee Relations DePart-
'nent ADA Coordinator .ca
lours In Gdvance of the
neetlng at 1<<l7) 327-1800.
'ersons are advised that If
hev decide to appeal anv
leclslons mOde at these
neetings/hearlngs. thev
nav need to ensure that a
.erbati m record of the pro-
ceedings Is made. whk:h In-
:Iudes the testimonv and ev-
idence upon wblth the
appedl Is based per section
286.0105.
CSE6293541 JUL.29.2005
.'~
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.'"'!":'~-..".,'"
FRIDAY, JULY 29, 2005
SECTION F .
~flm:d_mBl~;i!W
,....,
'~'-'~-~~-~"'-.";ii';-'-C-;" 'Ii" '~.'"'
'. ,. .
U
. ilI!i:I'l! ;;5'1';""'"
NOTICE OF PUBLIC HEARING
BRIGHTON LAKES
COMMUNITY OEVElOPMENT
OISTRICT
>:-
ment ADA Coordinator 4
hours in advance of the
meeting at (407) 327-1800.
Persons ore advised that If
they decide to appeal any
decisions made at these
meetings/hearings, they
may need to ensure that a
verbatim record of the pro-
ceedings is mode, which In-
cludes the testimony and ev-
idence uPon which the
appeal is based per section
286.0105.
CSE6293541 .JUL.29,20Q5
PUBLIC AUCTION
AUG. 13TH 2005,8.10 AM,
at 1377 W. Landstreet Rd..
Orlando, FI. 32824
95 LINC.
lLNLM97Y1SY729230
92 NISS.
1 N4GB32A6NC824435
92 L1NC.
1 LN LM81 WI NY751146
COR6291983 JUL.29,2005
Notice is hereby given that
~~:WfRO~~I~ f;~l~gJ OLD
CHENEY HWY, in the City
of ORLANDO, Sstate of FL
the undersigned, U-STORE-
IT #332 will sell at Public
Sole by competitive bidding
:~io~:~~g~.::J :~f~r~~Yu~~~:
signed by:
MICHAEL MUNIGA
Space #650
1991 ISUZU TROOPER
V I N#JACCH5BR3M7909447
BRIAN KEITH RUTTER
Space #169
lumber, furniture, house-
hold goods, toal box
NOTICE OF PUBLIC HEARING
140, Ceiebration, Florida
34747. The Boord will C Iso
consider any other business
that may properly come be-
fore it.
Immediately fallowing the
public hearing, the Boord
will hold its regularly sched-
uled meeting. This meeting
will be open to the public
and will be conducted In ac-
cordance with the provi-
sions of Florida low for
community development
districts. There may be oc-
casion when one or more su~
pervisors will participate by
telephone; therefore, a
speaker phone will be pre-
sent at the meeting roam so
that 011 Supervisors may be
fully informed of the discus-
sions taking place.
I n accordance with the pro-
visions of the Americans
with Disabilities Act, any
person requiring special ac-
commodations at this meet-
ing because of a disability
or physical impairment
should contact the District
Manager at (407) 566-1935. If
you ore hearing or speech
impaired, please contact the
Florida Relay Service at
(800) 955-8770 for aid In Con-
tacting the District Office at
least seven (7) days prior to
the dote of the hearing and
meeting.
You are hereby inf,)rmed
that the City Council of the
City of Maitland, F'orida,
will hold a Public Heoring
on the fOllowing proposed
ordinance:
The Board of Supervisors
of the Brighton Lakes Com-
munity Development Dis-
trict will hold 0 public hear..
ing on Thursday, August 18, 2005,
at 6:00 p.m. at the Ramada
I nn located at 2009 West
Vine Street (corner of 192/
Thacker), Kissimmee, Flor-
ida 34741. for the purpose of
hearing comments and ob-
jections on the adoption of
the budget(s) for the oper".
tion and maintenance of
District facilities for fiscal
year 2006. In addition, the
Boord will hear public com.
ment and objections relative
to the levy of non-ad valo-
rem assessments pursuant
to Florida Low for the pur-
pose of funding operations
and maintenance expenses
of the District. The District
may also fund various facil~
ities through the collection
~lf r:r''-+"il''l rt'ltec;, fees, and
(hc;r~es tllor ore identified
\,vithll' lilt': oudget{s). Affect-
€O iondc,::r'srs hove thf:
right tu O"p~or at the public
hearing and to provide writ.
ten comments or objections
will1in 20 days of the publi-
cation of this notice on the
pruposed budget ond reselt-
ing aS5essments by filing
1heir comments to the .,tten-
tioo of the District Manag-
e" (>l~~ Sycamore Street,
Su'ite 140, Celebration, Flori-
da. A copy of the budget(s)
may be obtained at the of-
fice of the District during
normal business hours at
610 Sycamore Street, Suite
140, Celebration, Florida
34747.
AN OROINANCE OF THE CITY
OF MAITLANO, FLORIDA,
AMeNOING SECTION 21-6,
SCHEOULE OF DISTRICT REG-
ULATIONS, MATRIX 1 ' DIS-
TRICT REQUIREMENTS OF
THE MAITLANO CiTY CODE,
TO ESTABLISH THE MAXI-
MUM HOOR AREA RATIO
FVR THi: CULTURAL CORRI-
OOR ZONING OISTRICT: PRO-
VIOING FOR CONFLICTS: ANO
PROVIDING FDR AN EFFEC-
TIVE DATE,
The Public Hearing will be
held at 7:30 P.M" or as soon
thereafter os possible, on
Monday, August 8, 2005. in the
Maitland City Hall Council Cham.
bars, 1776 Indapendence Lana,
Maitland, Finrida, 32751.
A cop, of the proposed ordi-
nance is available in the of.
fice of the City Clerk for in-
spection. I nterested parties
may appear at the hearing
and be heard with respect to
the proposed ordinance.
Any person who decides to
appeal any decision made at
this meeting or hearing, will
need a record of the pro-
ceedings, and that, for such
purpose, may need to en-
sure that 0 verbatim record
of the proceedings is made,
which record inciudes the
testimony and evidence UP-
on which the appeal is to be
based. Persons with disabil-
ities needing assistance to
participote in any of these
proceedings should contact
the City Clerklls office (407-
539-6219) 48 hours in ad-
vance of the meeting.
II anyone chooses to appeal
any decision of the Board
with respect to any matter
considered at the hearing or
meeting, such person will
need 0 record of the Pro-
ceedings and should accord-
inglY ensure that 0 verba-
Ii m record of the
proceedings is mode, which
includes the testimony and
evidence upon which such
appeal is to be based. The
publ ic hearing may be con-
tinued to 0 dote and time
certain that wili be an-
nounced at the hearing.
RONALD SPIVEY
Space #174
Pressure washer, air com-
presser, auto performance
analyzer, troller hitch
Immediateiy following the
publ ic hearing, the Board
will hold its regularly sched-
uled meeting, This meeting
will be open to the public
and wiil be conducted in ac-
cordance with the provi.
sions of Florida low for
community development
districts. There may be oc-
casion when one or more su~
pervisors will participate by
telephone; therefore, 0
speaker phone will be pre-
sent at the meeting room so
that 011 Supervisors may be
fully informed of the discus-
sions taking place.
MICHAEL LAVALLEE
Space #259
Furniture, household goods,
offi ce fu rn iture
NOTICE IS HEREBY GlEN
THAT ON 08117105 AT
3:30 PM AT U-STORE-IT
#7033730 S. ORANGE AVE.,
IN THE CITY OF ORLAN-
DO, STATE OF FLORIDA
THE UNDERSIGNED, U.
STORE-IT#703 WILL SELL
AT PUBLIC SALE BY
COMPETITIVE BIDDING
THE PERSONAL PROP-
ERTY HERETOFORE
STORED WITH THE UN-
DERSIGNED BY:
CRAIG BEEMAN
#2068
TIM DIKE
#2113
ROBERT STAFFORD
#2126
PAUL HATHORN
. #3009
AMANDA MCGLOTHLIN
#3175
SHAWN JACKSON
33186
ADA ALVARADO
#4099
JUDY MITCHELL
#4104
COR6291921 JUL.29,2005
AUG.5,2005
PUBLIC NOTICE
Notice is hereby given to
non-profit agencies Offering
services in Orange Countv
that the Orange County
Health and Family serVices!
Department anticipates on
appropriation of approxi-
mately $37,000.00. The Coun-I
ty will make these funds'
available to agencies whose
services ore limited to coun-
seling and meeting the'
physical needs of pregnant
women who are placing
their children for adoption.
Funds may not be distribut-
ed to any agency that is in-
volved or associated with
abortion activities, includ-
ing counseling for/or refer-
I rals to abortlan.__clinics. Dro~
CITY OF MAITLAND
Donna L. Wiiliams, MMC Thomas H. Tukdarian,
City Clerk Manager
COR6294358 JUL29,2005 COR6292025
AUG.5,2005
NOTICE OF PUBLIC HEARING
FALCON TRACE
COMMUNITY OEVElOPMENT OIS-
TRICT
.I U L.29,2005
NOTICE OF PUBLIC HEARING
CITY OF WINTER SPRINGS,
FLORIOA
The Boord of Supervisors
of the Falcon Trace Com-
munity Development Dis-
trict (the "District") will
hold 0 public hearing on
Tuesday, August 16. 2005 at 6:00
p.m. at Orange County li-
brary South Creek Branch,
1702 Deerfield Boulevard,
Orlando, FL 32837, for the
purpose of hearing com-
ments and obl'ections on the
adoption of he budget(s)
for the operation and main-
tenance of District facilities
for fiscal year 2006. In addi-
tion, the Boord will hear
public comment and objec-
tions relative to the levy of
non.ad valorem assess~
ments pursuant to Fiorida
Low for the purpose of fund-
ing operations and mainte.
nonce expenses of the Dis-
trict. The District may also
fund various facilities
through the collection of
certain rates, fees, and
charges that ore identified
within the budget(s). Affect-
ed landowners hove the
right to appear at the public
hearing and to provide writ.
ten comments or objections
within 20 days of the publi-
cation of this notice on the
proposed bUdget and result-
ing assessments by filing
their comments to the atten-
tion of the District Manag-
er, 610 Sycamore Street,
Suite 140, Celebration, Flori-
JUL.29,2005 do. A copy of the budget(s)
may be obtained at the of-
fice of the District during
normal business hours at
610 Sycamore Street, Suite
NOTICE IS HEREBY GIV-
EN by the City Commission
of the City of Winter
Springs, Florida, that said
Commission will hold a Pub-
lic Hearing on on ordinance
entitled os follows:
I n accordance with the pro-
visions of the Americans
with Disabilities Act, any
person requiring special ac-
commodations at this meet-
ing because of 0 disability
or physical impairment
should contact the District
Manager at (407) 566-1935. If
YOU ore hearing or speech
impaired, please contact the
Florida Relay Service at
(800) 955-8770 for aid in con-
tacting the District Office at
least seven (7) days prior to
the date of the hearing and
meeting.
OROINANCE NUMBER
~IJ~~. i~'
AN ORDiNANCE OF THE CITY
COMMISSION OF THE CITY
OF WINTER SPRiNGS, FLORI-
OA AMENDING CHAPTER 13
OF THE COOE OF ORDINANC.
ES, NUISANCES; ESTABLISH-
ING A COMPREHENSIVE
NOiSE OROINANCE; PROVID-
ING FOR INTENTS ANO PUR.
POSES; CREATING MAXIMUM
PERMISSIBLE SOUND LEVELS
AND LIMITATIONS WITHIN
THE CITY OF WINTER
SPRINGS; PROVIOING FOR
THE REPEAL OF PRIOR IN-
CONSISTENT ORDINANCES
ANO RESOLUTIONS; FOR SEV-
ERABILITY; ANO FOR AN EF-
FECTIVE OATE.
If anyone chooses to appeal
any decision of the Boord
with respect to any matter
considered at the hearing or
meeting, such person will
need 0 record of the pro-
ceedings and should accord-
ingiy ensure that a verba-
tim record of the
proceedings is made, which
includes the testimony and
evidence upon which such
appeai is to be based. The
public hearing or regular
business meeting may be
continued to 0 dote and time
certain that will be an-
nounced at the hearing.
This Public Hearing will be
held at 6:30 P.M. on August
8, 2005 or os soon thereafter
os possible in the Commis-
sion Chambers, City Hail,
1126 East SR 434, Winter
Springs, FL. 32708. Caples of
the proposed ordinance ore
available in the office of the
City Clerk for inspection.
Persons with disabilities
needing assistance to partic-
ipate in any of these pro-
ceedings shouid contact the
Emp/oyee Relations Depart-
Thomas Tukdarian,
Manager
OSC6292000
AUG. 5, 2005
--