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Home My WebLink About2005 07 11 Public Hearing Item 400- Ordinance 2005-16 1st Reading, Noise Ordinance COMMISSION AGENDA Consent ITEM 400 Informational July 11, 2005 Public Hearing X Regular Meeting Mgr. / Att. / Dept. REQUEST: The City Attorney presents Ordinance No. 2005-16 for First Reading. The Ordinance proposes a noise ordinance that regulates sound levels that will be deemed to constitute a public nuisance. PURPOSE: The purpose of this ordinance is to adopt maximum sound and noise standards within the City of Winter Springs and to regulate such sound and noise levels in order to protect the public from excessive noise. This ordinance also declares such excessive noise and sound levels to be a public nuisance. APPLICABLE LAW AND PUBLIC POLICY: 1. Florida Municipal Home Rule Powers Act. 2. It is well established that a municipality may regulate excessive noise through the enactment of ordinance. However, under the First Amendment, the regulation can not be based on the content of speech. Enforcement standards can not be vague and must "put people on notice" regarding what the city considers to be unreasonable noise. (Citations omitted). 3. The Noise Control Act of 1972 provides that federal law preempts municipal noise regulations relative to noise created by aircraft, railroad carriers, and interstate motor carriers. Page 1 of 2 CONSIDERATIONS: 1. The City Commission directed that the City staff work on creating a new sound based noise ordinance. 2. The City retained Dr. Roger Wayson from the University of Central Florida Community Noise Law 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 report that is attached. 3. Due to Dr. Wayson's very busy schedule it has been difficult to schedule him to appear before the City Commission. However, he is expected to be present at the Commission meeting to explain the science behind his findings contained in the report. ST AFF RECOMMENDATION: The City Attorney, Code Enforcement Officer, and City Manager recommend that the City Commission pass the ordinance on First Reading and advertise the ordinance for second and final reading. ATTACHMENT: 1. Dr. Wayson's Report, dated November 1, 2004. COMMISSION ACTION: G:\DocslCity of Winter Springs\Agenda\Ord. 2005-16 Noise Ordinance.wpd Page 2 of 2 ~ "!'iC>lj ~,,~~ CITY OF WINTER SPRINGS COMMUNITY NOISE CONTROL ORDINANCE REPORT Presented to the City of Winter Springs And Mr. Anthony A. Garganese Brown. Salzman. Weiss & Garganese. P .A. Prepared by the University of Central Florida Community Noise Lab Contact: Dr. Roger L. Wayson, P.E. 407 823-2480 1\'S November 1, 2004 INTRODUCTION The City of Winter Springs has employed the University of Central Florida Noise Lab to: 1) conduct a local acoustic sampling to establish the local soundscape inside the city; and, 2) to develop a draft ordinance based on existing sound levels and desired serenity within the city. This report first documents the measurements and then presents a suggested draft ordinance. MEASUREMENTS After consultation with the City of Winter Springs and Mr. Garganese, six general areas were selected for measurements. These locations were thought to represent the residential and commercial areas of the city. Figures 1 through 6 show the general measurement locations. Defined, standardized methodologies were followed as promulgated by the American National Standards Institute (ANSI) and the U.S. Department of Transportation (U.S. DOT). This included meter settings, selection of measurement locations, equipment, as well as other parameters. Important considerations were: . Microphones were always placed on tripods 5 feet above the ground plane; . Windscreens were used; . Detailed notes were taken during each measurement; . Weather parameters were observed; . Sound level analyzers were set to measure maximum and average sound levels; . The integration time was slow, for a one second sample rate; and, . Analyzers were calibrated before each measurement and verified after each measurement. The measurements were performed during the month of July, 2004. Table 1 provides a listed of the locations and the dates measured. To characterize the locations, the general data was plotted for each measurement. 1 Loud events that did not occur frequently were listed in the figures. Figures 7 through 13 display the measurement results. It should be noted that Location C, a commercial area, was measured during both peak and 1 The units are decibels (dB) and the descriptor (A) after dB means that the sound frequencies have been weighted to simulate the response of the human ear. The descriptor leq is used to indicate an acoustic average of the sound energy during a specified time period. Figure 1. Measurement Location A Map r:t~"l: :'l.f \I:lp"'" . ..I.."'\~ i:~C .1 \ '~'...fi;.... l \' "'3>/> ':t :, ' \.'l:.;~\';"\ '\ "'. '. ~fl "'~"i" "90','< ~~o...... ,P'}/,', ,". .' . , ~~Jtq 'If, . . 90' .j' " ~~' .~..,.. ,r .r'l: ';'/'~ ,...~/...> . "~/-',~~~':~r,.l~.~ ..,' "1. ..~.. ...., "~"'0'" .' " ',I,' _,_ '_" ,'" " '-~:~..... , ~\" -'. 1;, ,..(4. '~'<l!:",~ i,m,111!c' .f ( ~~(;! :,ltJii' . .~. ~~"cf!. ,1/.' ~: ..' "J;')'A~~\?' :if~'~ ~ ~'~'.ltj, f', ,:1/, '-;<b.~\" ".::.~ '..' ............ ,. zi' ".....~..' la./51'......... ',,,,. '_";'- ___":'.....,,,:' ,',....,.,./<" ,',,_ '" ,', " ,i',,,,-:,-,_;~,' ,v~(v. 02004~.tom.~.;O~NAVTt:Q..d'''''/ .',' , Figure 2. Measurement Location B Map // .11 .......-.~!!1!!.!..~.~,~/ ~~~ /..~f ilf,f ~ft: . ,/C!~ ,., . 4Ie~ctN 1// ;}. ~~ RIlVtilAv.' I ~~ ...~~ifW. j' ( .j ~, " . . 1f.- ~~..\; '~F! .f. Ji'" .... .f 'f~~; --' '~'Lb I (S :~:'L .' ~I ~V~(. '7 ~~~ ~. r.(1 it! 1:\ ' Il~ i ~~~~"1T Jf.:.:. it'll' Jl l'" l; ...L,i4 ....~ 2"'J'\~ "'''i' ,rE' ,!JI" C2OM~.~.Ioo,~.2i* NAVTEQ . -: ~VS'S't~2 \. ~Q '. .~~ "'< 7,\& f< Figure 3. Measurement location C Map ~Wt....~.....: ~, '"".~ - .""'~... ..,,, ~x,.'J""'~;~- .~~. _ _ '-~',""1~~" """,,,, ~'-i~"'~~i~\. \~. '<Z\ 1;\ ,(1~~t~ ._~._-< ~ '~'1!. "'\" '\' '1 '., ~:i\ ~., . ". ", \:" ., :\ \. '\;:\ ,!f -,\,."" .~~- ~:,}", ~: '1-~ \.,.. ~)~~O~. ~_TIl-.. \;'. . 'I ... .... ......-SZ \('i~~\, ~/ ~~~ tl ~ i .;~~ ~. ~ 02004 NapQueetllOftl, Inc;; C2OlMN1IVTt!O; \v. . v.... '.~~i:lt Figure 4. Measurement location 0 Map Figure 5. Measurement Location E Map (to be added) Figure 6. Measurement Location F Map (to be added) Table 1. Measurement Dates DEF Residential off-peak traffic conditions. This was to allow a better understanding of the sound contribution of the commercial area as compared to local area traffic. Overall statistics were also recorded at each location. These included the noise descriptors leq and Lmax.2 Table 2 provides this information. At some locations, only one microphone position was needed to characterize the area. This primary microphone position is labeled as the "Reference" position. At locations where other measurements were desirable, these were made and are referred to as "Rover" positions. CONCLUSIONS BASED ON MEASUREMENTS From these measurements, it was possible to characterize different land uses inside the city. Table 3 shows these combined results. These measurements show the residential areas to be quieter and in some cases, commercial property may be louder than the industrial areas of the city. Table 3 also points out that if maximum levels are supported for control, the measurements will be easier, but very high levels will be needed so that on-going activities do not exceed the defined not-to-exceed sound levels. OR~NANCEDEVELOPMENT Based on these measurements, local ordinances already in place, and guidance from the U.S. EPA, a draft ordinance was developed. This draft ordinance is induded as Attachment A. 2 Error! Main Document Only.Lm.x is the maximum sound level over a one second averaging time. Error! Main Document Only. 83.0 60.0 77.0 ~ ] 74.0 tn.a tnltlle: 71.0 A ] 68.0 &.0 ~ 62.0 59.0 58.0 53.0 50.0 ~ ~ ~ ~'P' r9'P' ~.p. ,,'o$~ ,,'0$' ,,<:I' ~tr\Id{ ..........etfttI tutlnU .,... ~.~ I ~1IIty 84Mptng.from . ....pIMnt lit r\' Larve truck traffic ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ tii1J' ~1J' ~'P' ~1J' tJi1J' ~<P' "O'P' ".;'9' tf><P' rf'<P' ~. ~. ~. ~. ,,~ ,,~ ~. ~. ~. ~. Figure 7. Location A. Sound HlstJograph nme of Day 76.0 13.0 PlHSOn ~ \ 70.0 ~ 67.0 ] ~ 64.0 61.0 !$S.D 55.0 52.0 AUIOmOIllle ..... wt8I . LafOe ttucII r7 L.-ge Iruc:ll .-- - <l9.0 ~~~ fSt$-~ ~~~ -rlt$-~ ro~~ _N~~ _,^~~N~~ .o:.~~ .c<.~~ .'^~~ ~ ~ ~ ~ # ~ ~ ~ ~ ~ ~ Time of Day ~~ ~~ _ct(:j .M,.(:j ,,<:T' ..,<:T' Figure 8. Location B Sound Histlograph N.O 78.0 1 73.0 .! 70.0 ) e1.0 64.Q 81.0 ~ 58.0 ~.O 52.0 49.0 46.0 rIJ'#" I)~ 9~ I)#" rIJ'~ ,~-! I)~ ~~ I)~ ~~ ~~ I)~ ,~~ "," IfJcf' 1fJ~ 1fJ-!" 1fJ~' tt,rf' tt,~' 1fJ~' f6'" 1fJ'" 1fJ{1' 1fJ+/" tt,'" Time of Day 82.0 ~. truck pa.... ./ AutornobU. let.. ...r lelI_ ... La,.". truck paNS "''\. La.,.. truek pasH. . ...... \ Figure 9. Location C Sound Histiograph, Peak Hour Traffic 82.0 79.0 7".0 I 73.0 ~ 70.0 ] 67.0 64.0 61.0 ~ 58,0 55.0 52.0 4g.0 46.0 ~#' ~#' ~#' ~#' ~.p ~.p ~.t ~#' ~#' ~#' ~#' ~#' ~#' ,,9 ..!l\~ ,,9 f69 ,,9 ,.169 ,,~ _'li~ ,,~ .0:.9 ,,9 .o:,.() ,,~ ~ , ~ ~ ~ ~ ~ , # ~ ~ , ~ Large tJuct.pproadwslldle& ---.. ConatructiOnfttMlyon .LArrae nMrby" .:=. /~ '\ Time of Day Figure 10. Location C Sound Hls1lograph, Off.Peak Hour Traffic 68.0 62.0 ! 59.0 158.0 153.0 ~ 50.0 47.0 \ Motorcyc. .t Wlh..$prlngs Dr. & Northern Way ~tnlc:1r on Norttlem Wtrj 85.0 Airclllft ove",*1iCf / Lara- tNck pua.. 44.0 41.0 ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~~ .~~ J!r~ ....~~ ....tfr~ !fJ~ .IfJ<f ~~ .4>~ .~<f .,,<f GJ<f ~~ ~. ~. ~. ~. ~. ~}' ~}' ~. ~. ~. ~. ~. ~. Time of Day Figure 11. Location 0 Sound Hlstiograph 85.0 62.0 ) 59.0 58.0 I 53.0 50.0 ~ 47.0 44.0 ~ "",mar __ (p.mtone) LA. ti\Ick at In.nI~lon enS,R. / 434 L..IfVe tNeIl . -.......- . . Intersection on S.R. .-- ..,.. 41.0 ..j~~ _~~~ d"~ ~ ~r$>~ ~~~ ...tb~~ .i$'~ rI'~~ n1~ ~ .-9~~ .,.~~ ~<?~ ~~-!' ~ . ~ ~ ~ ~. ~ ~ ~ ~ ~ ~ ~ Time of Day Figure 12. LQ(;8tion E SOlAnd Hlstiograph 'I 53.0 ! 51.0 j...O ~ 47.0 45.0 57.0 55.0 43.0 41,0 ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ rI'~ {f)rf !~rf r9rf .,.~ .~~ ~rp ~tf .rJ'tf .rS6~ .~~ ....~~ .~~ ,,0 ~. ...0' ,,(S' ...(S. ,,0' ,,(S' ~. "..... ........ ...'" ........ "..... Figure 13. Location F Sound Hlstiograph Time of Day ~ 2 :g Q :g .... .... ~ :g ~ ~ ~ ~g~f~ ~ .... N B B "- ~ i i ! Q) .! ~ ~ .! ~ 0:: G) 0:: 0:: co ~~ i-c~C! B :i r: t! ell: i II ~i Ii 1 ~ ~ to- 0:: to- 0:: D. 0:: I ~ ~ B B ~ B .2 c I: I: ~ G) Q) i Q) G) i I J I ...I Ii c Q) e ~ I E E e E e aj ai ai ai ai ;( ~ .... ~ ;Z ~ .... i r:.: co cO CD 0 .... ~ ..J e 3 <'Ii ~ 2S ~ Table 3. Condusions of Measurements Residence 48- 5& 67 r '(\(1 fl-;r6 DRAFT 5/18/05 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 oflife 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 ofthe 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 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, 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 ofthe 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 recommended comprehensive noise ordinance City of Winter Springs Ordinance No. 2005-16 Page 1 of 19 DRAFT 5/18/05 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 finds that the goals of this Ordinance are unrelated to the suppression of free expression; and WHEREAS, the City Commission of the City of Winter Springs, Florida, hereby finds this Ordinance to be in the best interests ofthe 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 stlikcotlt 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 remain unchanged from the language existing prior to adoption of this Ordinance). CHAPTER 13. NUISANCES * * * ARTICLE II. NOISE DIVISION 1. GENERALLY Sec. 13-26. Plohibited geneuU,. Purpose and Scope. (& 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 ofthe inhabitants ofthe city. prevent iniury to human, City of Winter Springs Ordinance No. 2005-_ Page 2 of 19 DRAFT 5/18/05 plant and animal life and property. foster the convenience and comfort of its inhabitants. and facilitate the enioyment ofthe natural attractions ofthe city. It is the public policy ofthe city that every person is entitled to ambient sound levels that are not detrimental to life. health and enioyment of his or her property. It is hereby declared that the making. creation or maintenance of excessive or umeasonable 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. M This Article shall apply to the control of all sound originating within the city limits of the City oEWinter Springs. -.cu:._ This article does not apply to those noises. the control of which is expressly preempted by federal law pursuant to the Noise Control Act of 1972. codified at 42 U.S.c. 94901 et seq.. including. but not limited to those noises created by aircraft. railroad carriers and interstate motor carriers. as defined by federal law. It shall be unlawful for any person to make, ereclte, 01 rllaintain allY umeasonably loud, disturbihg, and urmece5sary noise within the city. Noise ofsueh ehalactcr, ihtelUsity, 01 duration as to be detlimental to the lif" health, comfort, 01 lepose of cluy individual is plohibited. Sec. 13-27. Disol dtl Iy conduct. Definitions. All terminology used in this Article not defined below shall be in conformance with applicable publications of the American National Standards Institute (ANSI). (gl A - Weiflhted 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. M ANSI means the American National Standards Institute. ,(fl 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. (Ql 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-I. C-2. C-3. PUD commercial. CC. and Gill) and/or future land use map or areas where commercial uses exist. City of Winter Springs Ordinance No. 2005-_ Page 3 of19 DRAFT 5/18/05 ~ 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. ffi 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). fgl Demolition means any dismantling, intentional destruction or removal of structures, utilities. public or private right-of-way surfaces, or similar property. M Emergencv means any occurrence or set of circumstances involving actual or - imminent physical trauma or property damage which demands immediate action. (il Emergencv Work means any work performed for the purpose of preventing or alleviating the physical trauma or property damage threatened or caused bv an emergency. Dl Noise Control Officer means any code enforcement officer of the Winter Springs Police Department. (kl Equivalent A- Weighted Sound Level (Leq) 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. ill. 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. (ml 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. ful Motor Vehicle means any vehicle which is defined as a "motor vehicle" by Chapter 316, Florida Statutes. (Ql Motorboat means any vessel which operates on water and which is propelled bv a motor, including, but not limited to, boats. barges, amphibious crafts, water ski towing devices and hover crafts. illl Motorcvcle means any "motorcycle" as defined in Chapter 316. Florida Statutes. City of Winter Springs Ordinance No. 2005-_ Page 4 of 19 DRAFT 5/18/05 {gl Muffler or Sound Dissipative Device means a device for abating the sound of escaping gases of an internal combustion engine. ill 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. m Noise Disturbance means any sound which: ill Endangers or iniures the safety or health of humans or animals: or ill.. Annoys or disturbs a reasonable person of normal sensitivities: or ill Endangers or iniures llersonal or real property. !1l. Noise Sensitive Zone means any area designated by the City Commission for the purpose of ensuring exceptional quiet in accordance with Section 13-44. llil 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 1 of this Article. (yl Person means any individual. association, partnership. corporation. entity or agency including any officer and employee thereof. 6Yl 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 ail1'lane. boat car or rocket. !.& ProlJerty 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 one (1) person from the real property owned, rented or leased by another person. {yl Public Right-of- Wavmeans any street. avenue, boulevard. highway. sidewalk or alley or similar place which is owned or controlled by a governmental entity. @ Public SlJace means any real property or structures thereon which are owned or controlled by a governmental entity. 00 Pure Tone means any sound which can be distinctly heard as a signal pitch or a set of single pitches. For the purposes of the Article. a pure tone shall exist if the one-third City of Winter Springs Ordinance No. 2005-_ Page 5 of 19 DRAFT 5/18/05 octave band sound pressure level in the band with the tone exceeds the arithmetic average of the sound pressure levels ofthe 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. {Qll Residential Area means those areas zoned and designated for residential uses on the City's official zoning map (including. but not limited to. R-1AAA. R-CLR-1AA R-IA R-l, R-3 and PUD residential) and/or future land use map or areas where residential uses exist. !.ffl RMS Sound Pressure means the square root ofthe time averaged square ofthe sound pressure. denoted P nnSo'- UlQl 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 ofiliat medium. The description of sound may include any characteristic of such sound. including duration. intensity and frequency. W 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). Ifthe frequency weighting employed is not indicated. the A-weighting shall apply. @ 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. (ggl 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. ebb) Sound Pressure Level means 20 times the logarithm to the base 10 ofthe 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 Lp or SPL and is expressed in decibels. ilil Weekdav means any day Monday through Friday. which is not a legal holiday. Any person cndangc-ring or disturbiag the public pc-ace 01 v iolatiJlg public deccnc.y by tlSihg any .iliusi~ c, obsccnc, OJ profane. languagG, or makihg any th1e.atS of v iolcnce. to or against any otl,er person, 01 by being noisy and disOIdGlly in or upon any stIeet Ot o11,et public place in distmb<11i<,G oftllc public tranquility shall, upon conviGtion, bc punished as prOvided inscction 1-15. City of Winter Springs Ordinance No. 2005- Page 6 of 19 DRAFT 5/18/05 DIVISION 2. POWERS AND DUTIES OF NOISE CONTROL OFFICER. Sec. 13-28. School, chul c.h, hospital zones. Lead A~ency or Official. The noise control program established by this Article shall be administered by the City of Winter Springs Police Department. Code Enforcement Division. It shall be; unlawful Nl any pw;on to make;, e;reate, 01 maintain any (,xeessiv(, noise on any stIeet adjacent to any school, church, institution ofleaming, or cotl11 while the same is in session, 01 adjaccnt to any hospital when such noise uil1easonably distmbs the usual quiet prevailing at such institutio11, plovided, that conspicuous signs ale displayed in such strcets indic.ating that thc samc is adjace;nt to a school, dUl1eh, hospital, 01 court. Sec. 13-29. PeddlelS, ha"kel s, lendolS. 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 ("NCQ") shall have. in addition to anv other authority vested in it. the power to: !ill. Conduct. or cause to be conducted. research. monitoring. and other studies related to sound and vibration; ilil Conduct programs of public education and encourage the participation ofthe public regarding: ill The causes. effects and general methods of abatement and control of noise and vibration; ill- The actions prohibited by this Article and the procedures for reporting violations. @ Coordinate the noise and vibration control activities of all municipal departments. @ Review public and private proiects. subiect to mandatory review or approval by the City. for compliance with this Article. if such proiects are likelv to cause sound or vibration in violation of the Article. (ill- Conduct inspections. specifically. to: ill Upon presentation of proper credentials. enter and inspect any private property City of Winter Springs Ordinance No. 2005-_ Page 7 of 19 DRAFT 5/18/05 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; ill 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: ill Conduct sound level measurements at defined property lines located within the City. ill. 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. {gl In accordance with subsection (e). and other provisions ofthis Article. investigate and pursue possible violations of this Article. It 5ball be tllllawful for peddlers, hawkos, OJ vcndors to shout or cry alon~ or on the stIect to tl,e distm banee of pe,ace, OI q tlie,t of the, ncigl,bolhood. DIVISION 3. PROHIBITED ACTS. Sec. 13-30. Dl oms, loodspeakeu, etc. Noise Disturbances Prohibited. No person shall umeasonably make. continue. or cause to be made or continued. any noise disturbance. Non-commercial public speaking and public assembly activities conducted on any public space or public right-of-way shall be exempt from the operation of this Division. It shall be tlhlaw Enl fOl allY person to crcat", make, 01 maidtain any noise. by the use, of any drtlm, loudspeaker, 01 otbo iust1l1ment 01 deviec in the city ror the pnrpose of athaeting attehtion to any pelfurnla.1lce, show, sale;, or display of melehandise or place ofbtIsiness, except tInd"l a specific license certificate fi om the chief of police. Sec. 13-31. Mecbankalloodspeakers, amplifiers. Specific Prohibitions. The following acts, and the causing thereof. are declared to be in violation ofthis Article: City of Winter Springs Ordinance No. 2005-_ Page 8 ofl9 DRAFT 5/18/05 .ell 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: ill 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; m In such a manner as to create a noise disturbance at 50 feet from such device. when operated in or on a motor vehicle on a public right-or-way or public space. or in a boat on public waters; ill In such a manner as to create a noise disturbance to any person other than the operator ofthe device. when operated by any passenger on a common carrier. {Ql Using or operating any loudspeaker. public address system. or similar device: ill For any noncommercial purpose between the hours of 10:00 p.m. and 8:00 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: ill For any commercial purpose: .c& Such that the sound there from creates a noise disturbance across a real property boundary or within a noise sensitive zone; or illl Between the hours of 10:00 p.m. and 8:00 a.m. the following day on a public right-or-way or public space. @ Owning. possessing or harboring anv 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). ill Operating or permitting the operation of any tools or equipment used in construction. drilling. or demolition work: ill Between the hours of I 0:00 p.m. and 7 :00 a.m. the following day on weekdays City of Winter Springs Ordinance No. 2005- Page 9 of 19 DRAFT 5/18/05 or at any time on weekends or holidays. such that the sound therefrom creates a noise disturbance across a residential real property boundary or within a noise sensitive zone. except for emergency work of public service utilities or by special variance issued pursuant to this Article; m At any other time such that the sound level at or across a real property boundary exceeds an Leq of dBA for the daily period of operation. ill This subsection does not apply to the use of domestic power tools. (U 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. ill 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. {gl 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. ilil 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. Maximum permissible sound levels shall not exceed those defined for each land use in this Article. ill Operating or permitting the operation of anv motorboat in any lake. river. stream, or other waterway in such a manner as to exceed a sound level of dBA at 50 feet or the nearest shoreline. whichever distance is less. ill. Operating or causing to be operated any motor vehicle or motorcycle not equipped with a muffler or other sound dissipative device in good workin~ order and in constant operation. .Qli Removing or rendering inoperative. or causing to be removed or rendered inoperative. other than for purposes of maintenance. repair. or replacement. any muffler or sound City of Winter Springs Ordinance No. 2005,_ Page 10 of 19 DRAFT 5/18/05 dissipative device on a motor vehicle or motorcycle. ill 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. provided that conspicuous signs are displayed indicating: the presence of the zone; or (ml Operating or permitting the operation of any mechanically powered saw. drill. sander. grinder. lawn or garden tool or similar device used outdoors in residential areas between the hours ofIO:OOp.m. and 7:00 a.m. the following day so as to cause a noise disturbance across a residential real property boundary. It shalfb,nnlawful fOI any pc.rson to use. allY mcchanicalloudspc.akers 01 amplificlS 011 tme.ks 01 othe.l lUO v illg v chicks 01 outside of a building fOl ad v ~;;l ti5ing Ul Ot11"l pm poscs, C.XGGpt Ul1dCI a specific. licGU5c certificate from the chid of policG. DIVISION 4. EXCEPTIONS AND VARIANCES. Sec. 13-32. Gongs, siI ens on "ehides. Emeq~ency 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. It shall be unlawful for any pCISOIl to earry or use npon any vc.hicle any gong or silen whi5tk similar to that used on atnbalanccs or vc11icks Oftll(, police. cl1l.d file de.p<uhu('lltS. Sec. 13-33. FlAying udios, phollogu:phs, de. Special Event Variances. .c& The City Commission shall have the authority. consistent with this Article. to grant special event variances. .au. 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. !.d. 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 City of Winter Springs Ordinance No. 2005- Page 11 of19 DRAFT 5/18/05 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 may reasonably require. @.. Special event variances shall be !n"anted 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 ofthe special event variance shall terminate it and subiect 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. {tl. 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. It shall be unlawful fOI any pelson to play any radio, phonograph, 01 allY musical inshumel1t Oi opvlate d 5ound-dll1plifying dc,v ice ~ ithin the city in such a malll1eI 01 with such volume, especially dming the homs between 10.00 p.W. and 7.00 a.m., as to annoy Oi distmb the quiet, eomfort, OJ iepose of pCisons ~11 allY dvvdling, hotel, OJ othe1 type of residence. Sec. 13-34. Anima.ls, bhd". Variances For Time to Comply. 1& 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 days from date of the application. ilil. 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. @ In determining whether to grant or deny the apl'lication. 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 City of Winter Springs Ordinance No. 2005-_ Page 12 of 19 DRAFT 5/18/05 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. @ 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 ofthe variance shall terminate the variance and subject the person holding it to those provisions of this Article for which the variance was granted. @ 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. It shall be. unlawful for any pwson to kce.p any animal 01 bird wit11in th~ dt)' whidl by causing fl<:.qtlwt or long e.ollt~ntled noise. shall distmb the. comfort and repose of any person in the. ~ie.inity. DIVISION 5. SOUND LEVELS BY RECEIVING LAND USE. Sec. 13-35. Maximum Permissible Sound Levels bv Receivin~ 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 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 Ranee Geometric Mean (or Center Frequencv) of Octave Band 22-44 31.5 44-88 63 88-177 125 City of Winter Springs Ordinance No. 2005-_ Page 13 of 19 DRAFT 5/18/05 177-355 250 355-710 500 710-1420 1000 1420-2840 2000 2840-5680 4000 5680-11360 8000 Table 2. Sound Levels by Receivin~ Land Use Land Use Cateeory Time Maximum Permissible Sound Level Leq: 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 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 13-38 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. City of Winter Springs Ordinance No. 2005-_ Page 14 of 19 DRAFT 5/18/05 Table 3. Maximum Permissible Limits By Octave Band if Pure Tones Exist (Daytime) Land Use A Noise Sensitive J! Residential C Commercial D Industrial Cate~orv Zones Octave Band Center Frequency 31.5 72 75 80 80 63 11 74 78 78 123 - - 65 67 73 73 -- 250 57 63 67 67 500 n 56 61 61 1000 45 it 56 56 2000 39 47 52 52 4000 34 45 48 48 8000 32 40 45 45 Table 4. Maximum Permissible Limits by Octave Band if Pure Tones Exist (Niehttime) Land Use A Noise Sensitive J! Residential C Commercial D Industrial Cate~ory Zones Octave Band Center Frequency 31.5 72 72 75 80 63 11 11 74 78 123 65 65 67 73 250 57 57 63 67 City of Winter Springs Ordinance No. 2005-_ Page 15 of 19 DRAFT 5/18/05 500 n n 56 61 1000 45 45 51 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: W. The measurement of sound shall be made with a sound level analyzer and shall conform to ANSI 1.4-1983. EitherTvoe 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. OiL Calibration of all instruments. components. and attachments shall conform to the latest ANSI Standards. DIVISION 7. ENFORCEMENT. Sec. 13-39. Penalties. W. Any person who violates any provision of this Article shall be fined for each offense not more than dollars. OiL Anv person who willfully or knowingly violates any provision of this Article shall be fined for each offense a sum of not less than dollars and not more than dollars. City of Winter Springs Ordinance No. 2005-_ Page 16 of 19 DRAFT 5/18/05 (fl 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 or other responsible enforcement official accordin~ to procedures which the noise control officer may prescribe. Sec. 13-41. Immediate Threat to Health and Welfare. . Ull 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 ofthose shown in Table 2. Ifimpulsive 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. M Any person subject to an order issued pursuant to subsection (a) shall comply with such order until: ill The sound is brought into compliance with the order. as determined by the noise control officer; or Gl. A judicial order has superseded the noise control officer order. (fl Any person who violates an order issued pursuant to this section shall. for each day of violation. be fined not less than dollars nor more than dollars. Sec. 13-42. Other Remedies. No provision ofthis Article shall be construed to impair anv common law or statutory cause of action. or legal remedy therefrom. of any person for injury or damage arising from any yiolation of this Article or from other law. Sec. 13-43. Desi~nation of Noise Sensitive Zones. Under application of interested persons or on the Citv's own initiative. the City Commission may designate an area within the Citv as a Noise Sensitive Zone. The area must be an area of special public concern where the maximum permissible sound levels set forth in this Article are not reasonable for the subject area. Such areas may include. but not be limited to. hospital patient and City of Winter Springs Ordinance No. 2005-_ Page 17 of 19 DRAFT 5/18/05 other convalescent areas. passive nature parks. and wildlife habitat areas. Sees. 13-3544--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~e 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 ,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: City of Winter Springs Ordinance No. 2005-_ Page 18 of19 DRAFT 5/18/05 ANTHONY A. GARGANESE, City Attorney First Reading: Second Reading: Effective Date: City of Winter Springs Ordinance No. 2005-_ Page 19 of 19