0875 Noise Regulations ORDINANCE NO. 875
• AN ORDINANCE OF THE CITY OF OKEECHOBEE,
FLORIDA AMENDING CHAPTER 30,ARTICLE III CODE OF
ORDINANCES; ENACTING NOISE AND VIBRATION
STANDARDS TO REGULATE, AND PROHIBIT CERTAIN
NOISE AND VIBRATION LEVELS; PROVIDING
MEASUREMENT OF SUCH STANDARDS; PROVIDING FOR
ENFORCEMENT OF SUCH STANDARDS; PROVIDING FOR
EXCEPTIONS TO THE STANDARDS; PROVIDING FOR
REPEALING OF PROVISIONS IN CONFLICT HEREWITH;
PROVIDING FOR SEVERABILITY; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS,the City of Okeechobee, Florida finds that the regulation of noise and vibration
within the City provides a valid public purpose for its citizens; and
WHEREAS, the citizens of the City of Okeechobee are entitled to enjoy a measure of
peace and quiet in their daily activities, and that excessive or annoying sounds,
noises and vibrations degrade the quality of life, disturb the public peace, and
jeopardize the health, welfare and safety of our citizens; and
WHEREAS, the City of Okeechobee seeks to provide for standards to control noise and
vibration levels within the City, with provision for lesser noise and vibration levels
during those times of the day and week where the citizens should expect to enjoy
a period of peace and quiet, yet at the same time permit commercial and industrial
activities to continue in a manner to balance the protection of public peace,
individual freedoms and private property rights, yet to also permit and promote the
economic activity that is vital to the welfare of the City as well as its citizens;
NOW, THEREFORE, be it ordained before the City Council for the City of Okeechobee,
Florida; presented at a duly advertised public meeting; and passed by majority vote
of the City Council; and properly executed by the Mayor or designee, as Chief
Presiding Office for the City and enact the following ordinance to be effective
throughout the City of Okeechobee:
Section I. That Chapter 30, Article III of the City Code of Ordinances is
herewith rescinded in its entirety, and replaced as follows.
Sec. 30-81 Noise Regulation in General.
It shall be unlawful, as hereafter set forth, for any person, entity or agent
thereof to cause or be made, or continued, any excessive or unreasonably loud
noise or vibration which disturbs the peace and quiet of any residentially zoned
neighborhood,or which tends to cause discomfort, or annoyance to any reasonable
person of normal sensitivity, with such regulations to reasonably provide for normal
commercial activities to occur within the City during certain times.
Sec. 30-82 Specific Noises Prohibited.
Except for certain exceptions listed in section 30-83 hereafter, the following
acts are declared to be loud, disturbing and unnecessary noises or vibrations in the
City in violation of this chapter, but such enumeration shall not be deemed to be an
exclusive list of noises or vibrations that may constitute a public nuisance.
(1) Motor vehicle horn or signaling devise. It shall be unlawful to sound any horn
• or signal devise within the City on any automobile, truck or other motor
vehicle, except as necessary as a warning or danger signal. No such motor
vehicle shall have attached or use any bell or siren to that used on
ambulances or law enforcement vehicles or fire department, or other public
safety agencies.
Page 1 of 6
(2) Loud speakers and amplifiers. It shall be unlawful for any automobile, truck
or other motor vehicle within the City to use radio, tape, or CD player
amplifiers and speakers so that the level of sound emanating from the
• vehicle causes excessive sound or vibration that can be heard and felt within
100' of adjoining motor vehicles, pedestrians or residents within the City.
(3) Engine mufflers. It shall be unlawful to operate any internal combustion
engine, motor, vessel, or motor vehicle without a muffler designed for
installation on such engine or motor, to effectively prevent loud or explosive
noises or vibration therefrom.
(4) Vehicle repair in residential areas. It shall be unlawful to repair, rebuild, or
race or test the engine or motor of any motor vehicle, including vessels,
airboats, motorcycles or farm equipment of every nature, within any zoning
district within the City in which any residential use is permitted, between the
hours of 9:00 p.m. and 7:00 a.m., in such a manner as to disturb the peace,
quiet and comfort of the residents of the area.
(5) Loading or unloading of vehicles, opening of bales and boxes. It shall be
unlawful to make, create, permit or maintain any loud or excessive noise
within the City on connection with the loading or unloading of any motor
vehicle, or the opening or destruction of bales, boxes, crates or containers,
between the hours of 8:00 p.m. and 6:00 a.m. in a zoning district adjoining
a residential zoning district, that would disturb the peace, quiet and comfort
of residents of the area.
(6) Schools, courts, churches, hospitals, nursing or assisted living. It shall be
unlawful to create any excessive noise on any street adjacent to any school,
public or private, including day care centers, a church, a hospital, or nursing
or assisted living facility which unreasonably interferes with the normal
workings of such institution, or which disturbs or unduly annoys patients in
a hospital, nursing or assisted living facility.
(7) Construction equipment and activity. It shall be unlawful to operate any
motorized equipment in conjunction with, to perform any outside
construction, maintenance or repair work on buildings, structures, roads or
other projects within the City in any zoning district between the hours of 8:00
p.m. and 6:00 a.m., unless a special permit for such activity is issued by the
City Administrator for the City of Okeechobee on the basis of good cause or
public emergency.
(8) Animal noises, control, cruelty . Is shall be unlawful to keep, maintain or
permit any animal, within the City without providing and maintaining
adequate sound control techniques to eliminate excessive, repetitive,
offensive and unnecessary barking, noises or sounds from such animal(s),
at any time of the day or night, so as to annoy or disturb any neighbor, or to
fail to control such animal(s), or to commit any act of neglect, torture, or
torment that causes unjustifiable pain or suffering to any animal. These
regulations shall be in addition to, and not in lieu of Chapter 10 of this code,
and shall apply to any occupant of a residence, either owned or leased, and
the curtilage thereof, in possession or control of an animal, and shall
include:
a. The code enforcement officers employed by the City of Okeechobee,
in addition to certified law enforcement officers under state law, are
hereby designated as an animal control officer within the City to
investigate, cite, and enforce any animal control or cruelty ordinance
of the City, or statute of the State.
b. That any violation of an ordinance of the City is declared to be civil in
nature.
c. For any such complaint of violation of City ordinance, code
Page 2 of 6
enforcement agents shall provide one (1) warning notice to an
offender prior to issuance of code violation procedures, which carry
a fine up to $250.00 per incident, and up to maximum $500.00 fine
• per incident to repeat offenders.
d. The City reserves the right to permit imposition of a civil penalty less
than the maximum for violators who do not contest such citations.
e. That violation of state statutes pertaining to animal control or cruelty
shall carry the punishment as designated in such statute.
d. That code enforcement officers, in addition to certified law
enforcement officers under state law, may issue a citation for violation
of municipal codes, who has probable cause to believe that a person
in possession or control of an animal has committed an act in violation
of this ordinance.
e. The City of Okeechobee hereby enacts and imposes a surcharge of
$5.00 upon each civil penalty imposed for violation of this ordinance
relating to animal control or cruelty, which the proceeds thereof
designated to pay the costs of training for animal control officers.
(9) Drums, cymbals, loudspeakers. It shall be unlawful to create, make, maintain
or permit any noise by use of any drum, cymbal, loudspeaker or similar
instruments in the City for the purpose of attracting attention to any
performance; to promote any commercial activity, show, sale, or display of
merchandise or place of business, or to attach a loudspeaker to a motor
vehicle to promote such activity. This provision shall not apply to ice cream
trucks who play music only, or to City-approved public fairs, parades or
events.
(10) Radios, Television sets, musical instruments . Is shall be unlawful to use,
operate or permit to be played, used or operated, any radio or satellite
receiver, musical instrument, phonograph, CD or tape player, portable"boom
box" radio or other machine or devise for the production and amplification of
music or sounds, between the hours of 10:00 p.m. and 7:00 a.m. in such
manner or noise level as to disturb the peace, quiet and comfort of
neighboring residents.
(11) Skateboard ramps or activities. It shall be unlawful to use any neighborhood,
or municipal skateboard ramp or similar structure or configuration, between
the hours of 8:00 p.m. and 9:00 a.m. in any zoning district within the City
that permits residential use.
(12) Car wash, airdryers, landscape, blowers. It shall be unlawful for any person
or entity to own or operate a drive-through car wash, air blow dryers, or
motor vehicle vacuums between the hours of 10:00 p.m. and 7:00 a.m. that
would result in a disturbing the peace, quiet and comfort of adjoining
residential properties. No person shall use or operate any hand-held air
blower, weedeater, mower or similar equipment for use of cleaning parking
lots, or performing landscaping operations in such a manner as to create
noise or vibration disturbing to adjoining residential areas between the hours
of 8:00 p.m. and 6:00 a.m.
(13) Places of public entertainment. It shall be unlawful for any person, entity,
commercial business, restaurant, bar and lounge, or operator or agent
thereof, to operate, play or permit such operation or playing of any radio,
television, phonograph, recording/playing devise, Karoke machine, live band
• or group, musical instrument, microphone or other devise that emits or
amplifies music or sounds in such a manner as would be a disturbance to
adjoining residential neighborhoods. A violation of this ordinance requires
that the annoying sound be measured at the property line of the complainant
nearest to the source of the sound(s) with a devise meeting the regulations
Page 3 of 6
of the American National Standard Institute or its successor, and that the
sound(s)so measured occur between the hours of 10:00 p.m. and 7:00 a.m.,
and meet or exceed 50 dBa(decibels)fora continuous period of ten minutes
• or more.
(14) Sounding of train horns, whistles or bells. It shall be unlawful for a railroad
train approaching a public at-grade crossing having train-activated automatic
signal or traffic control devises, including flashing lights, bells and crossing
gates, to emit an audible warning signal in addition to and in advance of said
railroad crossing between the hours of 10:00 p.m. and 6:00 a.m.. This
prohibition shall not apply to any such rail road crossing within the City where
the City has failed to erect traffic signs in accordance with state law warning
and announcing to motorists that railroad train horns and whistles will not be
sounded during said hours. The City Administrator shall notify all railroad
companies operating within the State of Florida as to the enactment of this
ordinance, and identify such intersections and crossings where such
prohibition will exist.
Sec. 30-83 Exemptions.
The following noises or vibrations shall be exempt from the restrictions set
forth in this chapter.
(1) Noises of authorized safety signals and warning devises.
(2) Noises resulting from any authorized emergency vehicle, when responding
to an emergency call, acting in time of emergency or any other public safety
operation; or during an authorized and permitted fair, parade or public event.
(3) Noises resulting from emergency work, which is to be defined as work made
necessary to restore property to a safe condition following a public calamity,
or work required to protect persons or property from imminent exposure to
danger.
(4) Noises incidental to activities of bona fide agricultural activities.
(5) Noises or vibrations associated with uses or activities whereby an
administrative approval to produce such noises or vibrations has been
obtained from the office of general services or City Administrator for the City
of Okeechobee, including but not limited to fairs, parades, craft fair, or similar
public event.
Sec. 30-84. Standards for exceptions.
A deviation from the requirements of this chapter may be granted by the City
Administrator for the City of Okeechobee, and in reviewing such request for
exemption from noise or vibration restrictions, the following factors shall be
considered.
(1) Whether or not the proposed use or activity necessarily warrants a deviation
from the noise and vibration restrictions of this chapter.
(2) Whether or not the noise and/or vibration associated with the proposed use
or activity is compatible with surrounding land use so as to not created an
unreasonable disturbance to adjacent properties.
(3) Whether or not the applicant has taken, or will take, all effort to limit
• excessive noises or vibrations associated with the proposed use or activity
to meet the intent of this chapter.
(4) In those cases where the use or activity is proposed between the hours of
8:00 p.m. and 6:00 a.m., whether or not such hours of operation serve a
Page 4 of 6
public, civic or charitable purpose, are necessary, and if so, whether the
noises and vibrations associated with such use or activity are minimized to
the greatest extent.
• Sec. 30-85. Peak noise levels.
Except as otherwise restricted in this chapter, any noise(s)emitted within the
City at any time of the day or night shall not exceed 55 d.b.a. (decibels)
Sec. 30-86. Enforcement.
The provisions of this ordinance may be investigated, cited and enforced by
any authorized code enforcement officer of the City, or any certified law
enforcement officer or firefighter employed by the City. For those complaints or
violations investigated by law enforcement officers that occur at a commercial
business, wherein the officer provides the owners or operators thereof a warning to
cease and desist the excessive noise, or boisterous conduct causing such noise,
and which includes a warning that closure may result, any law enforcement officer
who must return to the same commercial business a subsequent time to address
the violation within a time period of two hours of the initial warning, is authorized,
and may direct that the commercial establishment be closed to business for the
remainder of its normal operating hours. Such officer may use any lawful means
necessary to cause the establishment to vacate all patrons, and lock the doors, and
prevent its re-opening forthe balance of that business day,without recourse against
the City.
Sec. 30-87. Penalties.
Except as otherwise set out in this chapter, any violation of this chapter shall
be punished as a civil infraction through the provisions of ch. 162 Florida Statutes,
which shall carry a fine of up to $250.00 per incident for a property owner who is a
first time offender, and of up to $500.00 per incident for a property owner who is
determined to be a repeat offender, as those terms are defined in ch. 162.
SECTION 3. CONFLICT.
All ordinances or parts of ordinances in conflict herewith are hereby
repealed.
SECTION 4. SEVERABILITY.
If any provision or portion of this ordinance is declared by any court of
competent jurisdiction to be void, unconstitutional, or unenforceable, then all
remaining provisions and portions of this ordinance shall remain in full force
and effect.
INTRODUCED for first reading and set for public hearing on the 5th day of October, 2004.
James E. Kirk, Mayor
__.ATT ST:
r
Lan Gamiot a, CMC, City Clerk
• ADOPTED after second and final reading at a public hearing held this 19th day of October,
2004.
C' '---ij
{p"'" /,-
/James E. Kirk, Mayor
Page 5 of 6
ATT ST:
Lan- Gamiotea, L MC, City Clerk
REVIEWED FOR LEGAL SUFFICIENCY:
\jk)--L}
John R. Cook, City Attorney
•
Page 6 of 6