HomeMy WebLinkAbout2005 08 08 Public Hearing Item 402- Ordinance 2005-16 Final Read/Adoption, Noise Ordinance
COMMISSION AGENDA
ITEM
402
Consent
Informational
Public Hearing x
Regular
August 08, 2005
Meeting
f/4,-r
I Dept.
Mgr. I
REQUEST:
The City Attorney presents Ordinance No. 2005-16 for Final Reading and Adoption. The Ordinance
proposes a noise ordinance that regulates sound levels that will be deemed to constitute a public
nmsance.
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
nmsance.
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
4. Ch. 316, Florida Statutes, Motor Vehicles.
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. Several amendments to the ordinance were made after first reading to clarify language.
See 9 13-31 of the ordinance.
4. Moreover, relative to motor vehicle and motorcycle mufflers and sound dissipative devices, a
further review of the Florida Statutes revealed that modifying motor vehicle exhaust or noise-
abatement devices in such a manner that the noise emitted by the motor vehicle is above that emitted
by the vehicle as originally manufactured is a violation of law and subject to a noncriminal traffic
fine. ~ 316.293, Fla. Stat.
Therefore, similar provisions in the First draft of the ordinance were removed.
5. Dr. Wayson is scheduled to be at the meeting to conduct a sound measuring presentation and to
answer any technical questions.
STAFF RECOMMENDATION:
The City Attorney, Code Enforcement Officer, and City Manager recommend that the City
Commission adopt the ordinance on Second and Final Reading.
A TT ACHMENT:
1. Dr. Wayson's Report, dated November 1,2004.
2. Ordinance 2005-16
COMMISSION ACTION:
G:\DocsICity of Winter SpringslAgenda\Ord. 2005-16 Noise Ordinance.wpd
Page 2 of 2
DRAFf 7/29/05
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 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 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 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 recommended comprehensive noise ordinance
City of Winter Springs
Ordinance No. 2005-16
Page 1 of 19
DRAFf 7/29/05
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 desires to recognize that section 316.293 regulates motor
vehicle noise on highways ofthe 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 ofthis 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 ofthe
City; and
WHEREAS, the City Commission finds that the goals ofthis 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 of the public health, safety, and welfare ofthe 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 stIikGont 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
City of Winter Springs
Ordinance No. 2005-_
Page 2 of19
DRAFT 7/29/05
DIVISION 1. GENERALLY
Sec. 13-26. Plohibited gentiAn,. Purpose and Scope.
.c& The pUl:pose 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 iniury to human.
plant and animal life and property. foster the convenience and comfort of its inhabitants. and
facilitate the enioyment ofthe natural attractions of the city. It is the public policv of the 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 unreasonable sound within the city affects and is a menace to
the public health. comfort. convenience. safety. welfare and the pros{lerity of the peoDle of
the city. The provisions and prohibitions hereinafter contained and enacted are for the above-
stated purpose.
ilil This Article shall apply to the control of all sound originating within the city limits
ofthe City of Winter Springs.
W- 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 preempted by state law including. but
not limited to. motor vehicle noise under section 403.415. Florida Statutes.
It shall be, unlawful for any p"r5011 to make, cr"atc, 01 maintain any uInc.asonably loud,
disttlIbing, and ttmlcec5sary hoise within the. dty. Noise. ofsu"h character, intellsity, 01 duration as
to be dctrimental to the; {if", health, "omfort, 01 IGpOSGof any indi" idual is prohibited.
Sec. 13-27. Disol delly conduct. Definitions.
All terminology used in this Article not defined below shall be in conformance with
applicable publications ofllie American National Standards Institute (ANSI).
.c& A - Wei~hted 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.
Dll. ANSI means the American National Standards Institute.
City of Winter Springs
Ordinance No. 2005-_
Page 3 of 19
DRAFT 7/29/05
WL 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.
U!l. 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 Gill) and/or future land use map or areas where commercial uses exist.
Ull. Construction means any site preparation. assembly. erection. substantial repair.
alteration. or similar action. but excluding demolition. for or of public or private rights-of-
wav. structures. utilities or similar property.
ill. 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).
(gL Demolition means any dismantling. intentional destruction or removal of structures.
utilities. public or priyate right-of-way surfaces. structures or similar property.
(hL Emergency means any occurrence or set of circumstances involving actual or
imminent physical trauma or property damage which demands immediate action.
.ill. Emergency Work means any work performed for the purpose of preventing or
alleviating the physical trauma or property damage threatened or caused by an emergency.
ill.. Noise Control Officer ("NCO") means any code enforcement officer of the Winter
Springs Police Department including law enforcement officers.
@ Equivalent A- Weighted Sound Level (Leq) means the constant sound level that. in a
given situation and time period. conyeys the same sound energy as the actual time-varying
A-weighted sound.
.at Imvulsive 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. I-I) and/or future land use map or
areas where industrial uses exist.
City of Winter Springs
Ordinance No. 2005-_
Page 4 of 19
DRAFT 7/29/05
.IDl 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 by a
motor. including. but not limited to. boats. barges. amphibious crafts. water ski towing
devices and hover crafts.
!nl Motor0lcle means any "motorcycle" as defined in Chapter 316. Florida Statutes.
!ill. Muffler or Sound Dissipative Device means a device for abating the sound of escaping
gases of an internal combustion engine.
Ul 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.
ill. Noise Disturbance means any sound which:
ill Endangers or iniures the safety or health of humans or animals: or
m AnnOYS or disturbs a reasonable person of normal sensitivities: or
m 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.
ill. Noise Sensitive Zone means any area designated by the City Commission for the
purpose of ensuring exceptional quiet in accordance with Section 13-44.
M.. 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 ofthis Article.
(yl Person means any individual. association. oartnership. corporation. entity or agency
including any officer and emolovee thereof.
00 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
City of Winter Springs
Ordinance No. 2005-_
Page 5 of 19
DRAFI' 7/29/05
to. any model aiI:plane. boat. car or rocket.
W. 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 a
person from the real property owned. rented or leased by another person.
M Public Right-of- Wav means any street. avenue. boulevard. highway. sidewalk or alley
or similar place which is owned or controlled by a governmental entity.
in. Public SlJace means any real property or structures thereon which are owned or
controlled by a governmental entity.
!Ml. Pure Tone means any sound which can be distinctly heard as a signal pitch or a set
of single pitches. For the pUI:poses 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
ofthe 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.
00 Residential Area means those areas zoned and designated for residential uses on the
City's official zoning map (including. but not limited to. R-lAAA. R-Cl. R-1AA. R-1A. R-I.
R-3 and PUD residential) and/or future land use mao or areas where residential uses exist.
00 RMS Sound Pressure means the square root of the time averaged square of the sound
pressure. denoted P nos:.
00 Sound means an oscillation in pressure. oarticle displacement. particle velocity or
other physical parameter. in a medium with internal forces that causes compression and
rarefaction ofthat medium. The description of sound may include any characteristic of such
sound. including duration. intensity and frequency.
00 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 thereoO. If the frequency weighting employed is not indicated. the
A-weighting shall apply.
fill. 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.
City of Winter Springs
Ordinance No. 200S-_
Page 6 of 19
DRAFT 7/29/05
(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.
(hh) 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.
(i.Q Weekdav means any day Monday through Friday. which is not a legal holiday.
Any pCI son c.ndangGI ing 01 disturbing the. public. poaGe 01 violating publiG decency by using
any abusi v e, obscenG, 01 plofane langnag", 01 making any th1 eats of v iolence to 01 against any othcl
pelson, 01 by being noisy and disoldeIly in 01 tlpon any sheet 01 othel pttblie place in distmbanee
of the pttblie tranquility shall, tlpon conviction, be punished as plo'\lidc.d in section 1-15.
DIVISION 2. POWERS AND DUTIES OF NOISE CONTROL OFFICER.
Sec. 13-28. Scbool, cbu. cb, bospital lones. Lead Aeency 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 rOJ ah)' pCISon to make, "reatG, OJ maintain any eXGessive noise on any
stIc.et adjaGc.nt to any school, GhOlGh, institution oflGa:ming, or court whik the same is in session,
01 adjac.ent to m:ry hospital when such noise ull1casonahly disturbs the usual quiet plevailing at such
institution, plo"idGd, that (;onspkuous signs ale displayed in such streets indicating that the. o:>a1hC
is adjacent to a school, ehOlch, hospital, 01 court.
Sec. 13-29. Peddlen, bawken, nndolS. 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 federallaw. the power to:
(& Conduct. or cause to be conducted. research. monitoring. and other studies related to
sound and vibration:
QU. 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
City of Winter Springs
Ordinance No. 2005-_
Page 7 of 19
DRAFT 7/29/05
vibration:
@ The actions prohibited by this Article and the procedures for reporting
violations.
~ Coordinate the noise and vibration control activities of all municipal departments.
(Ql Review public and private proiects. 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.
uu. Conduct inspections. specifically. to:
ill Upon presentation of proper credentials. enter and inspect any private property
or place to determine comDliance 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 waterwav reasonably suspected of violating any
provision oHms 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 comDliance with law~
ill 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..
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 deemed reasonably
necessary by the NCO to ensure compliance with this Article.
(gl In accordance with subsection (e). and other provisions ofthis Article. investigate and
pursue possible violations of this Article.
It shall be nnla\lllfnl EO! pGddlcIS, ha~keIs, or vcndols to shout 01 "Ii' alOll~ 01 011 thc stIeet to the
disturbancG of pc.!"" 01 quiet orth" ndgliboIhood.
DIVISION 3. PROHIBITED ACTS.
City of Winter Springs
Ordinance No. 2005-_
Page 8 of 19
DRAFT 7/29/05
Sec. 13-30. DIIIIllS, IOlldspeakel s, etc. Noise Disturbances Prohibited.
No person shall unreasonably make. continue. or cause to be made or continued. anv noise
disturbance. Non-commercial public speaking and public assemblv activities conducted on anv
public space or public right-of-way shall be exempt from the operation ofthis Division.
It shall be. l1ulawful rot any pelson to cleate, makc., 01 maintain any noibc Ly the. use of any d1tull,
loudspeakel, 01 Othe.l instl tuUGl1t 01 de.'\) i(,e in the city fol the. pmpose of attue.t!ng attention to any
pelOOUllatlGe, bllovv, sale, 01 display of 1l1e.lchandisc 01 place. of business, excc.pt tmdcl a specific
]ie.cnse. certificate fiom the chid of police.
Sec. 13-31. MechankalloudspeakclS, amplifiers. Specific Prohibitions.
The following acts. and the causing thereof. are declared to be in violation of this Article:
f& Electronic Device: Musical Instruments. Operatin~. 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 dav in such a
manner as to create a noise disturbance across a real property boundary or within a
noise sensitive zone. except for activities ODen 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 25 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 of the device. when operated by anv passenger on a common carrier.
M Loud Speakers. Using or operating anv loudspeaker. public address system. or
similar device:
ill For any noncommercial pUI:pose 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:
City of Winter Springs
Ordinance No. 2005-_
Page 9 of 19
DRAFT 7/29/05
.Gl. For any commercial purpose:
ill Such that the sound there from creates a noise disturbance across a real
property boundary or within a noise sensitive zone; or
au.. Between the hours of 10:00 p.m. and 8:00 a.m. the following day on
a public right-of-way or public space.
(U 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).
@.. 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. Under no circumstances and at anytime. 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~
(ll Vehicle and Boat Repairs. Repairing, rebuilding, modifying, or testing any motor
vehicle, motorcycle. or motorboat in such a manner as to cause a noise disturbance across
a residential real property boundary or within a noise sensitive zone.
(Q Places of Public Entertainment. Operating, playing, or permittin~ 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 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.
au. Model Vehicles. Operating or permitting the operation of powered model vehicles
so as to create a noise disturbance across a residential real property boundary. in a public
space or within a noise sensitive zone between the hours of 10:00 p.m. and 7:00 a.m. the
following day.
City of Winter Springs
Ordinance No. 2005-_
Page 10 of 19
DRAFT 7/29/05
ill.. Motorboats. Operating or permitting the operation of any motorboat in any lake.
riyer. 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.
ill 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
It shall be unlawful fal any pelson to use an) moc.hanicalloudspeltkcls 01 amplifiels on trucks 01
othel mo~ing vehicles or ontside of a building fOI advettising 01 othel purposes, except uude} a
specific license certificate from the chief of police.
DIVISION 4. EXCEPTIONS AND VARIANCES.
Sec. 13-32. Gongs, sh ens on nhides. Emer(:ency Exce-ption.
The provisions of this Article shall not apply to the emission of sound for the pUI:pose of
alerting persons to the existence of any emergency. or the emission of sound in the performance of
emergency work.
It shall be unlawful fa} any pel son to Ca.llY 01 use upon an, vehklG any gong 01 siu,n whistk slmilat
to that used on ambula.tK,,,,s 01 vehicles o[dle police and file dcpartmc..ltts.
Sec. 13-33. Flaying I adios, phonogl aphs, etc. Special Event Variances.
ill!. The City Commission shall have the authority. consistent with this Article. to
grant special event variances.
Dll. 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.
~ 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 stJecial event variance against the adverse impact on the health. safety. and welfare of the
City of Winter Springs
Ordinance No. 2005-_
Page 11 of 19
DRAFT 7/29/05
persons affected. the adverse impact on propertv 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 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 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.
Uti. 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 rol a.rry pC150n to play any radio, phonogtaph, 01 ally musical instltlnlent 01
opcIMe a sound-amplifying dev ice w itIlin the c.ity in such a nUl1ltlel 01 with such volume., e.spe.",;t\;Uy
dtlling the hoUls between 10.00 p.nl. and 7.00 a.In., as to annoy 01 distmb the quiet, comrolt, 01
Iepose OfpC150IlS in any dwelling, hotd, 01 other type. ofIe.sidenGe..
Sec. 13-34. Animab, biI ds. Variances For Time to Comply.
Uti. 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 coml'ly 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.
{Ql 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
bring:ing the source of sound or activitv 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.
W. In determining whether to grant or deny the application. the Citv 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. 200S-_
Page 12 of 19
DRAFT 7/29/05
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 reauire.
@ 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 oftime limits specified in yariances for time to comply or
for modification of other substantial conditions shall be treated like applications for initial
variances under subsection (b). exc~t 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, nnlc'mful fol allY pe,lson to kee,p any animal 01 bird within the tity which by e,ausing
flequ(,nt 01 long continued 110is" shall distmb th" comfort Atld {"POSO of any pelson in the vicinity.
DIVISION 5. SOUND LEVELS BY RECEIVING LAND USE.
Sec. 13-35. Maximum Permissible Sound Levels by Receivine 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 7/29/05
177-355 250
355-710 500
710-1420 1000
1420-2840 2000
2840-5680 4000
5680-11360 8000
Table 2. Sound Levels bv Receivine: Land Use
Land Use Catee:ory 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 13-35 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.
City of Winter Springs
Ordinance No. 2005-_
Page 14 of 19
DRAFf 7/29/05
Table 3. Maximum Permissible Limits By Octave Band if Pure Tones Exist (Daytime)
Land Use A Noise Sensitive B Residential C Commercial D Industrial
Cateeory 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 II 56 61 61
1000 45 II 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 (Ni~httime)
Land Use A Noise Sensitive B Residential C Commercial D Industrial
Cateeory Zones
Octave Band
Center
Frequency
31.5 72 72 75 80
63 71 71 74 78
123 65 65 67 73
250 57 57 63 67
City of Winter Springs
Ordinance No. 2005-_
Page 15 of 19
DRAFf 7/29/05
500 II II 56 61
1000 45 45 II 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 Reqnired.
Measurements shall confonn 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
confonn to ANSI 1.4-1983. EitherType 1 or Type 2 sound analyzers arepennittedper ANSI
S 1.4-1971. If octave band testing is required. octave band or one-third octave band analyzers
filter sets shall confonn to ANSI 1.11-1976.
.Gll. Calibration of all instruments. components. and attachments shall conform to the
latest ANSI Standards.
DIVISION 7. ENFORCEMENT.
Sec. 13-39. Penalties.
(& 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.
.Gll. Anv person who willfully 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
City of Winter Springs
Ordinance No. 2005-_
Page 16 of 19
DRAFf 7/29/05
abatement of noise shall be fined for each day in violation of said notice or order a sum of
$500.00 dollars.
uu. 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.
Wl 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.
.au. Any person subiect 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 or code enforcement board order has superseded the noise control
officer's order.
uu. 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 iniuzy or damage arising from any
violation of this Article or from other law.
Sec. 13-43. Desienation of Noise Sensitive Zones.
City of Winter Springs
Ordinance No. 2005-_
Page 17 of19
DRAFT 7/29/05
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 subiect 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 mav. 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
iurisdiction shall be regulated pursuant to section 316.293. Florida Statutes.
Sees. 13-gs45--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 ofthe 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.
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.
City of Winter Springs
Ordinance No. 2005-_
Page 18 of 19
DRAFT 7/29/05
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular
meeting assembled on the _ day of ,2005.
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:
Second Reading:
Effective Date:
JOHN F. BUSH, Mayor
City of Winter Springs
Ordinance No. 2005-_
Page 19 of 19
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\-'<
November 1, 2004
1,- f --, I,I..,~
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:
· Miaophones 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.' Loud events that did not ocaJr 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 8n acoustic average of the sound energy during a specified time period.
Figure 1. Measurement Location A Map
Figure 2. Measurement Location B Map
Figure 3. Measurement location C Map
~.r.;,3-':;'~~
:". .~
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~,.~~~>~.~..~. . ~.~,
.. -, "~.'
':~:;'~'~\..~I;~:::;'~~~:;:~
~".:.:::.:..'.:':..'.::"" :'.. ': .
..Ii~&;(i(,-
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:.::.....;~/:.;:::~:,::.:~:.::: .;.." ". .". : :../....~.... ":, "
~:~.>..-~:.~~~ ~:::~}:':':..;,~: "': '.'.'
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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
DI!F
RelldenUaI
off..peak traffic conditions. this was to allow a better understanding of the sound
contribution of the commercial area as compared to local area trafftc.
Overall statistics were also recorded at each location. These included the noise
desCriptors l.q and Ln..2 Table 2 provideS this information. At some loCations.
only one mK:r0phan8 position was neaded to characterize the area. This primary
microphone position is labeled 88 the -ReferenC8. position. At locations where
other measurements were desirable. these were made and are referred to as
-Rover" positions.
CONCLUSIONS lASED ON MEASUREMENTS
From these measurements. it was possible to characteriZe difftnnt land uses
Inside the city. Table 3 shOws these combined results. These measurements
show the residential..s to be quieter and In some cases. commercial property
may be louder th8n the industr1a1 areas of the city. Table 3 also poilts out that if
maximum levels are supported for control. the measurements will be easier. but
very high levels win 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
Included as Attachment A
a Errort MaIn Document OnIY.La.1S the maximUm sound level over a one second
awnIQinQ tme.EtrorI ....n Document Only.
83.0
eo.o
77.0
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71.0
J 88..0
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g <<12.0
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Time of Day
FIgure 7. Location A. Sound HIstIograph
1e.O
70.0
] 17.0
184.0
i 81.0
~ ..0
so
~--~~!r~c-~: .:-~'L':-t- '~I:' .~--
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nme of o.y
flQUfe 8. LOCIlIon 8 SCJund HI8Uogr8ph
12.0
18.0
18.0
173.0
.! 70.0
J 87.0
".0
11.0
~ au
OS.O
52.0
....0
".0
,.f ,~ ,~ ..".f rl9.f JIt.f J9~ ~~ ~.f t?~ ~~ t?.f.J?~
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Time of Day
. .,..-. ..."';........-,..-.... -......
.:..~~::~.c.~.; : .
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. ,........\->. ..:.....
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Figure 9. Location C Sound Histiograph, Peak Hour Traffic
82.0
78.0
1..0
] 13.0
'10.0
1 :::
I 81.0
~ SI.O
H.O
52.0
48.0 .-- h
48.0
tt~.#~ tt~ ...~ 4'~ ;~ tt~ ;~ tt~ .}$-~ 4'~ ~~ tt~
,jf ,. tf.'''' "t:-V rJf" , 4f , ci'''' fI,~ e1J'" , .#'
Time of Day
Figure 10. l.OcIdIan C Sound HIstIograph, OIJ.Peak Hour Traftic
88.0
86.0
La~lNctl' . ' .... ,.~'
.-r-. .-~__,-:i.,_5t.~,.~:, .~.,. --::::_~:.,_~......:._~.,
.t-t-r~--:-i"~-~"'~:' ":<
82.0
) 50.0
158.0
.153.0
g50.0
47.0
44.0
41.0
~~ ~~ ~~ ,~ #~ A~ s5>~ ~~ s5>~ .A>~ .#~ s9~ s5>y)'
~" , ,-.~ ",~." , ttr;{J1' , " ,. , ,
Time of Day
FIgure 11. location 0 Sound HIstlograph
82.0
. . . ,
. " :.......~.::,:.. .
':-_. ~..ir~_
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,., .~'.,.
85.0
1 51.0
.! 58.0
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a 50.0.', . ; " ::
:I 47.0 ..: - .j.
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41.0
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Time of Day
~ : : : :
Flg\n 12. LooetIon I! $O\md HIStIogfaph
57.0
. , , .
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55.0
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! 51.0
J ....
~ 47.0
45.0
, . .,' .
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,'.: ." . ,... ...', .~.., ,- ......-..- .-. - . ..-........---....-"--..-...--...-- -.
. .' . .. ." ,...,.
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............ "- ._~_.... ,'.
43.0 .-----......----...--,..,.. ,'.,.
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: : : : ; .
41.0
~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~
fttitp .JI "..~ ", ~ ~ .!P ~tp s1tp a" .~" ..,," .f"
",CS' "," ",0' ~ ~. ",<:S' "~. ",,,,,. ",,,,,. ","'" ....... ....""
Time of Day
Figure 13. LOC8IIOn F SOUnd Htstiograph
10 i~:o:g
,..
-
fit ~ ~
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i ~ I
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I
Table 3. ConduSIons of Measurements
ResIdence' 41.se 67
j.
",'
ft-~
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 PERMISSmLE 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 vrn, 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 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 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 recommended comprehensive noise ordinance
City of Winter Springs
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 ofWinter
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
City of Winter Springs
Ordinance No. 2005-16
Page 2 of 19
T . .d. _..- ---
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
See. 13-26. Plohibited genelall). Purpose and Scope.
!& The pw:pose 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 iniury 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 ~und 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 purpose.
Oll. This Article shall apply to the control of all sound originating within the city limits
of the City ofWmter Springs.
@. 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 D.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 preempted by state law including. but
not limited to. motor vehicle noise under section 403.415. Florida Statutes.
It shall be unlawfUl for any person to make, create, or maintain auy unreasonably loud,
distorb~, and unnecessary noise within the city. Noise of such chat acler, intensity, or duration as
to be detrimelltctl to the life, health, comfort, or repose of any indi v idnal is prohibited.
City of Winter Springs
Ordinance No. 2005-16
Page 3 of19
or
Sec. 13-27. DisOI de." 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).
w.. 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.
Oll. ANSI means the American National Standards Institute.
(Ql 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.
UD... 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.
(sU- Constroction 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.
ffl 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).
(gL Demolition means any dismantling. intentional destruction or removal of structures.
utilities. public or private right-of-way surfaces. structures or similar property.
QU. Emervency means any occurrence or set of circumstances involving actual or
imminent physical trauma or property damage which demands immediate action.
ill... Emer~ency Work means any work performed for the pUlpose of preventing or
alleviating the physical trauma or property damage threatened or caused by an emergency.
m.. Noise Control Officer ("Ncon) means any code enforcement officer of the Winter
Springs Police Department including law enforcement officers.
City of Winter Springs
Ordinance No. 2005-16
Page 4 of 19
!kl. Equivalent A-Wei~hted Sound Level fL.q) 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.
!nU.. 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 by a
motor. including. but not limited to. boats. barges. amphibious crafts. water ski towing
devices and hover crafts.
uu. Motorcycle means any "motorcycle" as defined in Chapter 316. Florida Statutes.
(gl Muffler or SoundDissipative Device means a device for abating the sound of escaping
gases of an internal combustion engine.
Ul 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.
.c& Noise Disturbance means any sound which:
01 Endangers or iniures the safety or health of humans or animals: or
ill.. Annoys or disturbs a reasonable person of normal sensitivities: or
m Endangers or iniures personal or real property.
For pw:poses 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.
City of Winter Springs
Ordinance No. 2005-16
Page 5 of 19
ill... Noise Sensitive Zone means any area designated by the City Commission for the
purpose of ensuring exceptional quiet in accordance with Section 13-44.
!.Yl. 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.
.6:1. 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 carty persons. including. but not limited
to. any model airplane. boat. car or rocket.
Uti- 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.
{yl PublicRight-of-Waymeans any street. avenue. boulevard. highway. sidewalk or alley
or similar place which is owned or controlled by a governmental entity.
W- Public Space 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
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.
00 Residential Area means those areas zoned and designated for residential uses on the
City's official zoning map (including. but not limited to. R-l AM R-C 1. R-l AA R-IA R-l.
R-3 and PUD residential) and/or future land use map or areas where residential uses exist.
00 RMS Sound Pressure means the square root of the time averaged square of the sound
pressure. denoted P nos:.
(QQl. Sound means an oscillation in pressure. particle displacement. particle velocity or
City of Winter Springs
Ordinance No. 2005-16
Page 6 of 19
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.
~ Sound Level means the wei2hted 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.
illL Sound Level Analyzer 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.
(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 Lp or SPL and is expressed in decibels.
ilil. Weekday means any day Monday through Friday. which is not a legal holiday.
Any person endal1~erin~ Of distttrbin~ the publiG peace or violatin~ public decency by usin~
an) abusive, obscene, or plofane language, or tnaking an} ~ats of \1iole11Ge to 01 against any other
person, or by bein~ noisy and disorderry in or upon any street or other public place in distmbance of
the public tranquility shall, upon con\1iGtion, be punished as provided in section 1-15.
DIVISION 2. POWERS AND DUTIES OF NOISE CONTROL OFFICER.
Sec. 13-28. Scllool, ehal eh, hospital zones. Lead Agency 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 shaH he unlawful for allY person to make, Cleate, 01 maintain any ~essi~e noise on auy
street adjacent to any school, dltlICh, institution ofleaming, or court 'While the saIne is in session, or
adjacent to any hospit41 when Stlch noise unreasonably distnrbs the usual quiet prevailing at such
institution, plo~ided, that conspicuous signs aIe displA}ed in Such streets indicating that the SaIne is
City of Winter Springs
Ordinance No. 2005-16
Page 7 of 19
adjacent to a school, cllw cll, hospital, or court.
Sec. 13-29. Peddlel5, hnkel5, 'tendon. 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 ("NCD") shall have. in addition to any other
authority vested by state or federal law. the power to:
~ Conduct. or cause to be conducted. research. monitoring. and other studies related
to sound and vibration:
au. Conduct programs of public education and encourage the participation of the 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.
ua. Coordinate the noise and vibration control activities of all municipal departments.
@l. Review public and private proiects. subject to mandatory review or approval by the
City. for compliance with this Article. if such proiects are likely to cause sound or vibration
in violation of the Article.
w.. Conduct inspections. specifically. to:
ill 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;
m Stop any motor vehicle. motor~cle. or motorboat operated on a public right-
of-way. public space. or public waterway reasonably suspected of violating any
provision of this Article. and issue a notice of violation or abatement order which may
require the motor vehicle. motor~cle or motorboat to be inspected or tested as the
noise control officer may reasonably require to ensure compliance with law:
City of Winter Springs
Ordinance No. 2005-16
Page 8 of 19
ill. 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..
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 deemed reasonably
necessary by the NCO to ensure ~mpliance with this Article.
!&l. In accordance with subsection ( e). and other provisions ofthis Article. investig~te and
pursue possible violations of this Article.
It shaH. be unlawful fur peddlers, hawkers, or vendors to shout or cry alon8 or on the stleet to the
disturbance of peace or quiet of the neighborhood.
DIVISION 3. PROHIBITED ACTS.
Sec. 13-30. Dlllms, IOlldspeaken, etc.. 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 any public
space or public right-of-way shall be exempt from the operation of this Division.
It shall be unlawful for any person to create, make, or maintain any noise by the use of any dmm,
loudspeaker, 01 other instrument or de"ice in the city for the pmpose ofattractin8 attention to any
perfortrtane.e, sho w, sale, or display of merchandise or place of business, except under a specific
license certificate fi: Oft1 the chief of police.
Sec. 13-31. Mechanicallondspeakefs, amplifiets. Specific - Noise Disturbances Prohibited.
The following acts. and the causing thereof. are declared to be in violation of this Article:
(ll. Electronic Device: Musical Instruments. Operating. playing or permitting the
operation or playing of any radio. television. phonograph. drum. musical instrument. sound
amplifier. or similar device which produces. reproduces. or amplifies sound:
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
City of Winter Springs
Ordinance No. 2005-16
Page 9 of 19
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 25 f~ 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:
ill.. 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.
au. Loud Speakers. 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 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:
m For any commercial purpose:
!AI. Such that the sound there from creates a noise disturbance across a real
property boundary or within a noise sensitive zone: or
au. 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.
@ Animols: 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).
UQ Construction. Operating or permitting the operation of any mechanically powered
tools or eqJ.ripment 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 sp~ial variance issued pursuant to
this Article:
Uti. 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
City of Winter Springs
Ordinance No. 2005-16
Page 10 of19
residential real property boundary or within a noise sensitive zone.
ill.. 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. r~roduces. 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.
!sl. 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.
0lL 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.
ill.. 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.
ill 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
It shaH be mdawful for any person to use any mechanical loudspeakers or amplifiels on trucks or
otheI moving ~ehicles or outside of a buildins for advertising or other pwposes, except under a
specific license cettificate &om the chief of police.
DMSION 4. EXCEPTIONS AND VARIANCES.
Sec. 13-32. Gongs, sit ens on ..ehides. 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
City of Winter Springs
Ordinance No. 2005-16
Page 11 of19
emergenqy work.
It shaH be unlawful fur any person to c:arry or use upon any vehicle any 80ft! or siren whistle sintilax
to that used on ambnlances 01 vehicles of the police and fire departments.
Sec. 13-33. Playing IAdio~, phonoglaphs, tic. Special Event Variances.
w.. The City Commission shall have the authority. consistent with this Article. to
grant special event variances.
.Qll.. 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.
~ 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
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.
UQ. 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 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.
~ 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 tOl any person to play any radio, phonograph, or auy musical instrument 01
operate a SOUIld-atnplifY~ device within the city in snch a. manner 01 with sncll \'olnme, especially
dulj~ the hours between 10.00 p.m. and 7.00 a.m., as to annoy or disturb the qniet, comfort, or
repose of pet SOIlS in an. y dwellin!, hotel, or other ty pe of residence.
City of Winter Springs
Ordinance No. 2005-16
Page 12 of 19
Sec. 13-34. Animals, bilds. Variances For Time to Comply.
W. 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
au. 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 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
imDacts 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.
un. 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.
w.. 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 (h). except that the City Commission must find t~t the need
for the extension or modification clearly outweighs any adverse impacts of granting the
extension or modification.
It shaH he unlawful for any person to keep any animal 01 bird within the city which by cAusin8
&equellt or long continued noise shaH disturb the Gonnort and repose of arty person. in the ~ icinity.
DIVISION 5. SOUND LEVELS BY RECEIVING LAND USE.
City of Winter Springs
Ordinance No. 2005-16
Page 13 of 19
See. 13-35. Maximum Permissible Sound Levels by Receivine 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 Lcq. dB( A) values measur~ 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
~: 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
City of Winter Springs
Ordinance No. 2005-16
Page 14 of 19
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 --8tL day of August ,2005.
( /1/
~ /CA<<rv
LORENZO-LUACES, City Clerk
Approved as to legal form and sufficiency for
the City of Winter Springs only:
First Reading: July 11, 2005
Second Reading: Augus t 8. 2005
Effective Date: See Section 6.
City of Winter Springs
Ordinance No. 2005-16
Page 19 of 19