HomeMy WebLinkAboutOrdinance 2013-02 Noise Ordinance ORDINANCE NO. 2013-02
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, FLORIDA AMENDING
CHAPTER 13, ARTICLE II. NOISE, OF THE CODE OF
ORDINANCES; AMENDING DEFINITIONS; MODIFYING
MAXIMUM PERMISSIBLE SOUND LEVELS BY
RECEIVING LAND USE; AMENDING PENALTIES;
PROVIDING FOR OTHER MISCELLANEOUS
AMENDMENTS;PROVIDING FOR THE REPEAL OF PRIOR
INCONSISTENT ORDINANCES AND RESOLUTIONS,
SEVERABILITY, AND AN EFFECTIVE DATE.
WHEREAS,the City is granted the authority under Section 2(b),Article VIII, of the State
Constitution to exercise any power for municipal purposes,except when expressly prohibited by law;
and
WHEREAS, the City Commission previously adopted comprehensive noise regulations
as provided in Ordinance No.2005-16 to address excessive sound which constitutes a serious hazard
to the public health and welfare, safety, and the quality of life of the citizens of the City of Winter
Springs; and
WHEREAS,the citizens of the City of Winter Springs should continue to have a right to and
should be ensured an environment free from excessive sound and vibration that may jeopardize their
health or welfare or safety or degrade the quality of life; and
WHEREAS, the regulation of sound and noise in public areas is an important function of
government. See Davis v. State, 710 so. 2d 635 (Fla. 5th DCA 1998); and
WHEREAS,protecting the public from excessively loud noise is a compelling state interest.
See Grayned v. City of Rockford, 408 U.S. 104 (1972) ("If overamplified loudspeakers assault the
citizenry,government may turn them down.")(citing Kovacs, 336 U.S.at 80,69 S.Ct.448,and Saia,
334 U.S. at 562, 68 S.Ct. 1148); and
WHEREAS,a municipality has constitutional and statutory power to prescribe incarceration
as a penalty for violation of a municipal ordinance. See Thomas v. State,583 So.2d 336(Fla. 1991);
and
WHEREAS, the City has contracted with Dr. John M. MacDonald, P.E., Ph.D, for the
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purpose of conducting an extensive study of the City's current Noise Ordinance and to make
recommendations for updating said Ordinance; and
WHEREAS, the amendments to the City's Noise Ordinance set forth herein are based on
the City of Winter Springs Noise Ordinance Review and Recommendation Report,dated January 31,
2013, prepared by Dr. MacDonald, which sets forth a recommended amendments addressing the
City's existing sound levels and desired serenity within the City; and
WHEREAS, in addition to Dr. MacDonald's recommendations, several amendments set
forth herein have been recommended by the City's Police Chief, whose department is primarily
responsible for enforcing the provisions of the City's Noise Ordinance,as well as recommendations
received from the City Attorney based on evolving case law; 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 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 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. Recitals. The foregoing recitals are hereby incorporated herein by this
reference.
Section 2. Code Amendment. The City of Winter Springs Code,Chapter 13,is hereby
amended as follows: (underlined type indicates additions and strikcout 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
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remain unchanged from the language existing prior to adoption of this Ordinance).
CHAPTER 13. NUISANCES
* * *
ARTICLE II. NOISE
DIVISION 1. GENERALLY
Sec. 13-26. Purpose and Scope.
(a) The purpose of this Article is to regulate and reduce the ambient sound levels
originating within the city in order to preserve,protect and promote the public health, safety
and welfare, and the peace and quiet of the inhabitants of the city,prevent injury to human,
plant and animal life and property,foster the convenience and comfort of its inhabitants,and
facilitate the enjoyment of the natural attractions of the city. It is the public policy of the city
that every person is entitled to ambient sound levels that are not detrimental to life, health
and enjoyment of his or her property. It is hereby declared that the making, creation or
maintenance of excessive or unreasonable sound within the city affects and is a menace to
the public health, comfort, convenience, safety,welfare and the prosperity of the people of
the city. The provisions and prohibitions hereinafter contained and enacted are for the above-
stated purpose.
(b) This Article shall apply to the control of all sound originating within the city limits
of the City of Winter Springs.
(c) This article does not apply to those noises, the control of which is expressly
preempted by federal law including, but not limited to, the Noise Control Act of 1972,
codified at 42 U.S.C. § 4901 et seq., related to those noises created by aircraft, railroad
carriers and interstate motor carriers, as defined by federal law. This article also does not
apply to those noises,the control of which is expressly preempted by state law including,but
not limited to, motor vehicle noise under section 403.415, Florida Statutes.
Sec. 13-27. Definitions.
All terminology used in this Article not defined below shall be in conformance with
applicable publications of the American National Standards Institute (ANSI).
A-Weighted Sound Level means the sound pressure level in decibels as measured on
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a sound level meter using the A-weighting network. The level so read is designated dB(A)
ar-dBA.
ANSI means the American National Standards Institute.
sound level analyzer using thc A-weighting network that represents the existing noise level
of all surrounding sources.
Background Sound Level shall mean the sound pressure level of the all-encompasing noise
emanating from a given environment, usually being a composite of sounds from many
sources.
C-weighted Sound Level shall mean the sound pressure level, in decibels, as measured on a
sound levelmeter using the C-weighting network. The level so read shall be designated as
dBC.
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-1, C-2, C-3, PUD
commercial,CC,and GID)and/or future land use map or areas where commercial uses exist.
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.
Decibel(dB) means a unit for measuring the volume magnitude of sound,equal to 20 times
the logarithm (base 10) to the base-of the ratio between RMS sound pressure and of-the
prcssurc of thc sound measured to thc reference pressure, which is k20 micropascals
- -- -: .• ).
Demolition means any dismantling, intentional destruction or removal of structures,
utilities, public or private right-of-way surfaces, structures or similar property.
Emergency means any occurrence or set of circumstances involving actual or imminent
physical trauma or property damage which demands immediate action.
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.
Equivalent A-Weighted Sound Level (4,7) means the constant sound level that, in a given
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•- O. '1 • • • . •
I 1, • • •- - _•I I I 1 _ •- - : - .: - :, •• -weighted sound.
Equivalent Sound Level (Leq) shall mean a sound level descriptor based on the average acoustic
intensity over time. Leq is intended as a single number indicator to describe the mean energy or
intensity level over a specified period of time during which the sound level fluctuated. The period
of time specified in this ordinance is ten minutes. Leq is measured in dB and is expressed according
to the weighting network as either A-weighted or C-weighted (LecgA or LegC).
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.
Industrial Area means those areas zoned and designated for industrial use on the City's
official zoning map (including, but not limited to, I-1) and/or future land use map or areas
where industrial uses exist.
Motor Vehicle means any vehicle which is defined as a "motor vehicle" by Chapter
316, Florida Statutes.
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.
Motorcycle means any"motorcycle" as defined in Chapter 316, Florida Statutes.
Muffler or Sound Dissipative Device means a device for abating the sound of escaping
gases of an internal combustion engine.
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.
Noise Disturbance means any sound which:
(1) Endangers or injures the safety or health of humans or animals; or
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(2) Annoys or disturbs a reasonable person of normal sensitivities; or
(3) Endangers or injures 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 an evidentiary basis for declaring
a noise disturbance per sc. 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.
Noise Sensitive Zone means any area designated by the City Commission for the purpose of
ensuring exceptional quiet in accordance with Section 13-4443.
•
•- ••
in Table 1 of this Articic.
Person means any individual, association, partnership, corporation, entity or agency
including any officer and employee thereof.
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 airplane, boat, car or rocket.
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.
Public Right-of-Way means any street, avenue, boulevard, highway, sidewalk or alley
or similar place which is owned or controlled by a governmental entity.
Public Space means any real property or structures thereon which are owned or controlled
by a governmental entity.
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•
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1111u : . - --11 - - • - ■• i ••• - 11 - - ■ •1 11 - • • - -_- 11 :111 :•
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dB fomenter fiegttencics les-s-than or equal to 125 IIz.
Residential Area means those areas zoned and designated for residential uses on the City's
official zoning map(including,but not limited to,R-1 AAA,R-C 1,R-1 AA,R-1 A,R-1,R-3
and PUD residential) and/or future land use map or areas where residential uses exist.
RMS Sound Pressure means the square root of the time averaged square of the sound
pressure, denoted P .
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
of that medium. The description of sound may include any characteristic of such sound,
including duration, intensity and frequency.
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). If the frequency weighting employed is not indicated,the
A-weighting shall apply.
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.
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.
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/m'-). The
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sound pressure level is denoted Lp or SPL and is expressed in decibels.
Weekday means any day Monday through Friday, which is not a legal holiday.
DIVISION 2. POWERS AND DUTIES OF NOISE CONTROL OFFICER.
Sec. 13-28. Lead Agency or Official.
The noise control program established by this Article shall be administered by the City of
Winter Springs Police Department, Code Enforcement Division.
Sec. 13-29. Powers of the Noise Control Officer.
In order to implement and enforce this Article and for the general purpose of sound and
vibration abatement and control, the noise control officer ("NCO") shall have, in addition to any
other authority vested by state or federal law,the power to:
(a) Conduct, or cause to be conducted, research, monitoring, and other studies related
to sound and vibration;
(b) Conduct programs of public education and encourage the participation of the public
regarding:
(1) The causes, effects and general methods of abatement and control of noise and
vibration;
(2) The actions prohibited by this Article and the procedures for reporting
violations.
(c) Coordinate the noise and vibration control activities of all municipal departments.
(d) Review public and private projects, subject to mandatory review or approval by the
City,for compliance with this Article,if such projects are likely to cause sound or vibration
in violation of the Article.
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(e) Conduct inspections, specifically, to:
(1) Upon presentation of proper credentials,enter and inspect any private property
or place to determine compliance with this Article,when granted permission by the
owner, or by some other person with apparent authority to act for the owner or
pursuant to an inspection warrant;
(2) Stop any motor vehicle,motorcycle,or motorboat operated on a public right-
of-way, public space, or public waterway reasonably suspected of violating any
provision of this Article,and issue a notice of violation or abatement order which may
require the motor vehicle, motorcycle or motorboat to be inspected or tested as the
noise control officer may reasonably require to ensure compliance with law;
(3) Conduct sound level measurements at defined property lines located within
the City, and issue a notice of violation, civil citation and/or abatement order to
compel compliance with this Article..
(f) Require the owner or operator of any commercial or industrial activity to measure the
sound level of or the vibration from any source in accordance with the methods and
procedures required by this Article and at such locations and times deemed reasonably
necessary by the NCO to ensure compliance with this Article.
(g) In accordance with subsection(e),and other provisions of this Article,investigate and
pursue possible violations of this Article.
DIVISION 3. PROHIBITED ACTS.
Sec. 13-30. General -Noise Disturbances Prohibited.
No person shall unreasonably make, continue, or cause to be made or continued, any noise
disturbance. Non-commercial publ t-speaking and public ass-einbly activities conducted on any
public-space-0i public right-of-way shall be exempt from the °petatian of this Division.
Sec. 13-31. Specific - Noise Disturbances Prohibited.
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The following acts, and the causing thereof, are declared to be in violation of this Article:
(a) Electronic Device; Musical Instruments. Operating, playing or permitting the
operation or playing of any radio,television,phonograph,drum,musical instrument,_sound
amplifier, or similar device which produces, reproduces, or amplifies sound:
(1) Between the hours of 10:00 p.m. and 7:00 a.m. the following day in such a manner as
to create a noise disturbance across a real property boundary or within a noise sensitive zone,
except for activities open to the public and for which a special event variance has been issued
by the City according to the criteria set forth in Section 13-33;
(2) In such a manner as to create a noise disturbance at 25 feet from such device, when
operated in or on a motor vehicle on a public right-of-way or public space, or in a boat on
public waters;
(3) In such a manner as to create a noise disturbance to any person other than
the operator of the device, when operated by any passenger on a common carrier.
(b) Loud Speakers. Using or operating any loudspeaker, public address system, or
similar device:
(1) For any rroneamnleicial purposc b 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
residcntial real property boundary or within a noise sensitive zone;•(2) • • . - . . - - : .. .. .
(A) Such that the sound time from creates a noise-dis-tniLanee--across a
(B) Between the hours of 10:00 p.m. and 7:00 a.m. the following day
on a public right-of-way or public space.
(c) Animals;Birds. having control and possession of any animal or bird which
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frequently or for continued duration, howls, barks, meows, squawks, or makes other
sounds which create a noise disturbance across a residential real property boundary or
within a noise sensitive zone. (This provision shall not apply to public zoos and public
Paw Parks).
(d) Construction. Operating or permitting the operation of any mechanically
powered tools or equipment used in construction, drilling, or demolition work between
the hours of 10:00 p.m. and 7:00 a.m. the following day. Sound levels created by
construction, drilling, or demolition activities shall not cause a noise disturbance at or
across a real property boundary , except for bona fide emergency work of or by special
variance issued pursuant to this Article;
(e) Vehicle and Boat Repairs. Repairing, rebuilding, modifying, or testing any motor
vehicle, motorcycle, or motorboat in such a manner as to cause a noise disturbance across
a residential real property boundary or within a noise sensitive zone.
(f) Places of Public Entertainment. Operating, playing, or permitting the operation
or playing of any radio,television, phonograph, drum, musical instrument, sound
amplifier, or similar device which produces, reproduces, or amplifies sound in any place
of public entertainment at a sound level greater than the maximum permissible limit
measure at the property line for commercially zoned areas.
(g) Explosives. Using or firing explosives or similar devices which create impulsive
sound so as to cause a noise disturbance across a real property boundary or on a public
space or right-of-way, without first obtaining a special variance pursuant to this Article.
(h) Model Vehicles. Operating or permitting the operation of powered model
vehicles so as to create a noise disturbance across a residential real property boundary, in
a public space or within a noise sensitive zone between the hours of 10:00 p.m. and 7:00
a.m. the following day.
(i) Motorboats. Operating or permitting the operation of any motorboat in any lake,
river, stream, or other waterway in such a manner as to create a noise disturbance at 50
feet or the nearest shoreline, whichever distance is less.
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(j) Noise Sensative Zones Creating or causing the creation of any sound within any
noise sensitive zone designated pursuant to this Article so as to disrupt the activities
normally conducted within the zone or that exceeds the maximum permissible sound
level established for said zone pursuant to section 13-43, provided that conspicuous signs
are displayed indicating the presence of the zone; or
Sec. 13-32. Emergency Exception.
The provisions of this Article shall not apply to the emission of sound for the purpose of
alerting persons to the existence of any emergency, or the emission of sound in the performance
of emergency work.
Sec. 13-33. Special Event Variances.
(a) The City Manager shall have the authority, consistent with this
Article, to grant special event variances.
(b) Any person seeking a special event variance pursuant to this section shall file an
application with the City Commission Manager. The application shall contain information
which demonstrates that bringing the source of sound or activity for which the special event
variance is sought into compliance with this Article would constitute an unreasonable
hardship on the applicant, on the community , or on other persons.
(c) In determining whether to grant or deny the application, the City Commission
Manager 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 Manager may reasonably require.
(d) Special event variances shall be granted by notice to the applicant containing all
necessary conditions, including a time limit on the permitted activity. The special event
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variance shall not become effective until all conditions are agreed to by the applicant.
Noncompliance with any condition of the special event variance shall terminate it and subject
the person holding it to those provisions of this Article regulating the source of sound or
activity for which the special event variance was granted.
(e) Application for extension of time limits specified in special event variances or for
modification of other substantial conditions shall be treated like applications for initial
special variances.
Lf Special events authorized and sponsored or co-sponsored by the City at public
event locations authorized by the City shall, upon such authorization, be deemed to have
been granted a special event variance pursuant to this section.
Sec. 13-34. Variances For Time to Comply.
(a) The owner of any commercial or industrial source of sound not in compliance with
this Article may apply to the City Commission Manager for a variance for time to comply
with this Article. The City Commission Manager shall have the authority, consistent with
this section, to grant a variance, not to exceed one hundred eighty (180) days from date of
the application and approval thereof.
(b) Any person seeking a variance for time to comply shall file an application with the
City Manager Commission. The application shall contain information which demonstrates
that bringing the source of sound or activity for which the variance is sought into
compliance with this Article prior to the date requested in the application would constitute
an unreasonable hardship on the applicant, on the community, or on other persons.
(c) In determining whether to grant or deny the application,the City Commission Manager shall
balance the hardship of the applicant, the community, and other interested persons of not
granting the variance for time to comply, against the adverse impact on health, safety, and
welfare of persons affected,the adverse impact on property affected, and any other adverse
impacts of granting the variance. Applicants for variances for time to comply and persons
contesting variances may be required to submit any information the City Manager
Comaiissi it may reasonably require.
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(d) Variances for time to comply shall be granted to the applicant containing all necessary
conditions,including a schedule for achieving compliance. The variance for time to comply
shall not become effective until all conditions are agreed to by the applicant. Noncompliance
with any condition of the variance shall terminate the variance and subject the person holding
it to those provisions of this Article for which the variance was granted.
(e) Application for extension of time limits specified in variances for time to comply or
for modification of other substantial conditions shall be treated like applications for initial
variances under subsection(b),except that the City Manager Commission must find that the
need for the extension or modification clearly outweighs any adverse impacts of granting the
extension or modification.
DIVISION 5. SOUND LEVELS BY RECEIVING LAND USE.
Sec. 13-35. Maximum Permissible Sound Levels by Receiving 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 1 when measured at or within the property boundary of the receiving
land use. These maximum permissible sound levels are ten minute Leg,d�-)dBA and dBC
values measured in accordance with the guidance provided in this Article.
- ,
OetaIrt Band
22-44 31.5
44-88 63-
88-177 125
177-355 2-50
355-710 566
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710-1420 +Wg
1420-2840 2-000
2840-5680 4000
5680-11360 8000
Table 2 1. Sound Levels by Receiving Land Use
Land Use Category Time Maximum Maximum
Permissible Permissible
Sound Level Sound Level
Leg. dB(A) 10 L q: dB(A), 10
min dBA min dBC
A (Noise Sensitive Zones) At all Times 55 65
B (Residential) 10:00 p.m. - 7:00 a.m. 55 65
7:00 a.m. - 10:00 p.m. 60 70
C (Commercial) 10:00 p.m. - 7:00 a.m. 60 70
7:00 a.m. - 10:00 p.m. 65 75
D (Industrial) At all Times 65 75
Sec. 13-36. - ' - i j u Reserved
For any sourcc of sound which clnits a purc tonc or impulsivc sound, the maximum sound
level limits sct forth in-Section 13-35 shall be rcdu.,ed by 3 dB(A). In addition, octavc hand
: - : - - • - - • . .-
cxcccdcd. •
, - . I I I ' - I - - : . : : . i • ' 1 - ; - - : . • -
Land Use A Noise SensitivL B Rcsidcntial C Commercial D Industrial
Cry Zo„ s
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Octavriiand
Cenki
Frequency
31.5 72 75 8-0 $6
63- 9+ 74 78 78
123 65 67 73 25
250 52 65 6-7 67
500 5+ 56 61 61
1A80 4-5 51 56 5-6
2000 3-9 47 52 52
4000 34 45 48 48
8-000 32 40 4-5 45
Tab1e 4-1 fatimdm 10 missible Limits by-Octave Band if-Fm e Tones Exist(Nighttime)
Laud Use A/Noise Sensiti\e B Rcsidcntial C Comm D eicial Industrial
Cat Z
tgo1O oli s
Octave Band
Ceukk.
Frequency
31.5 72 72 75 8-0
63 9+ 7+ 74 2$
123 65 65 67 73
250 5-7 57 63- 67
500 51 5+ 56 61
1000 45 45 51 56
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2000 3-9 3-9 47 52
4000 34 34 4-5 4$
8000 32 32 40 4-5
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:
(a) The measurement of sound shall be made with a sound level analyzer and shall
conform to ANSI 1.4-1983. Either Type 1 or Type 2 sound analyzers are permitted per ANSI
S1.4-1971. If octave band testing is required,octave band or one-third octave band analyzers
filter sets shall conform to ANSI 1.11-1976.
(b) Calibration of all instruments, components, and attachments shall conform to the
latest ANSI Standards.
DIVISION 7. ENFORCEMENT.
Sec. 13-39. Penalties.
(a) Any person who violates any provision of this Article shall be fined $50.00 dollars
for the first violation, $150.00 dollars for the second violation, $250.00 dollars for the third
violation and $500.00 dollars for each violation thereafter.
(b) Any person who 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
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abatement of noise shall be fined for each day in violation of said notice or order a sum of
$500.00 dollars.
(c) Notwithstanding the civil fine provisions set forth in subsections(a)and(b),a person
shall be subject to arrest by a law enforcement officer for violating the provisions of this
Article under the following circumstances:
(1) The person willfully or knowingly violates, disobeys, neglects, or refuses to
comply with any of the provisions of this Article as expressly ordered by the code
enforcement board or a court of competent jurisdiction for purposes of abating future noise
disturbances; or
(2) The person willfully or knowingly violates, disobeys, neglects, or refuses to
comply with an order of a law enforcement officer to abate a noise disturbance that
constitutes a repeat violation, as defined by section 162.04, Florida Statutes; or
(3) The person willfully or knowingly violates the provisions of this Article and
creates a noise disturbance that causes harm to or immediately threatens life and/or property
or threatens an immediate breach of the peace.
Violations under this subsection(c)shall be prosecuted in the same manner as misdemeanor
offenses. Upon conviction,the person shall be punished by a fine in an amount not less than
two hundred fifty dollars ($250.00) and not to exceed five hundred dollars ($500.00), or
imprisonment in the county jail for a period not to exceed sixty(60) days, or both.
(cd) Each day a violation is committed, or permitted to continue, shall constitute a
separate offense and shall be penalized as such. In addition to the penalties provided under
this section,violators of this Article shall be subject to any other appropriate civil or criminal
action provided by law in a court of competent jurisdiction, including, but not limited to,
injunctive relief. The city manager and city attorney (or other legal counsel retained by the
city)are hereby authorized to institute civil proceedings necessary for the enforcement of this
Article.Nothing in this section shall be held to exclude prosecution or actions by any other
provisions of applicable law or to exempt anyone violating this Article or any other law from
any penalty which may be prescribed for said violation. : • : . •: . • • • • • • •
•
• - : - • I - • -- I.• •
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
City of Winter Springs
Ordinance No.2013-02
Page 18 of 21
violation to be issued by the noise control officer according to code enforcement procedures set forth
in the City Code.
Sec. 13-41. Immediate Threat to Health and Welfare.
(a) The noise control officer shall order an immediate halt to any sound which exposes
any person, except those excluded under this Article, to a continuous noise disturbance
including sound levels in excess of those shown in Table 2 1. If impulsivc sounds or pure
• - - - •- -, •. . - - • . - - 6 . : .- -: . - -i by 3 dB(A). Iirtirc case erf purc tones,
. . .. 1 ' • • • : .. •
(b) Any person subject to an order issued pursuant to subsection (a) shall comply with
such order until:
(1) The sound is brought into compliance with the order, as determined by the
noise control officer; or
(2) A judicial or code enforcement board order has superseded the noise control
officer `s order.
(c) Any person who violates an order issued pursuant to this section shall, for each day
of violation, be fined not less than $250.00 dollars nor more than $500 dollars.
Sec. 13-42. Other Remedies.
No provision of this Article shall be construed to impair any common law or statutory cause
of action,or legal remedy therefrom,of any person or the City for injury or damage arising from any
violation of this Article or from other law.
Sec. 13-43. Designation of Noise Sensitive Zones.
Under application of interested persons or on the City's own initiative,the City Commission
may designate an area within the City as a Noise Sensitive Zone by resolution. The zone must be
an area of special public concern where the maximum permissible sound levels set forth in this
Article are too high and not reasonable for the subject area. Such zones may include, but not be
limited to, hospital patient and other convalescent areas, passive nature parks, and wildlife habitat
areas. The City Commission may,by resolution,establish lower maximum permissible sound levels
for said zones.
Sec. 13-44. Motor Vehicle Noise.
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Ordinance No.2013-02
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Motor vehicle noise on highways of the state and on streets and roads under the City's
jurisdiction shall be regulated pursuant to section 316.293, Florida Statutes.
Secs. 13-3545--13-50. Reserved.
Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
inconsistent ordinances and resolutions adopted by the City Commission,or parts of prior ordinances
and resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
Section 4. Severability. If any section, subsection, sentence, clause, phrase, word or
provision of this Ordinance is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall
be deemed a separate, distinct and independent provision, and such holding shall not affect the
validity of the remaining portions of this Ordinance.
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 25th day of February, 2013.
CH' ' E LA E _ a
ATT .
• ND' g LORENZO-LUACES, City Clerk
City of Winter Springs
Ordinance No.2013-02
Page 20 of 21
Approved as to legal form and sufficiency for
the City of Winter Springs only:
ANTHONY A. GARGANESE, City Attorney
First Reading: February 11, 2013
Second Reading: February 25, 2013
Effective Date: See Section 6.
City of Winter Springs
Ordinance No.2013-02
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