0417 (Noise Control)ORDINANCE NO. 417
AN ORDINANCE OF THE CITY OF OKEECHOBEE, ENTITLED NOISE CONTROL;
ESTABLISHING CONTROLS ON EMISSION OF NOISE; PROVIDING DEFINITIONS;
MAKING IT UNLAWFUL TO MAKE EXCESSIVE NOISE; REQUIRING MUFFLERS ON
ENGINES; PROHIBITING NOISY AND BOISTEROUS CONDUCT; PROVIDING NOISE
MEASUREMENT; PERIOD OF OBSERVATION; SETTING LIMIT ON NOISE LEVEL
FOR AREAS ZONED RSF, RG -1, RMH, EXEMPTING CERTAIN CONSTRUCTION,
AND RG -2; PROHIBITING CERTAIN EXCESSIVE ELECTRONIC AND MUSICAL IN-
STRUMENT NOISE; AND PROVIDING A PENALTY FOR VIOLATION.
WHEREAS, it has been scientifically,established that the
effect of excessive or unusually loud noise interferes with the
ability to hear conversations, causes demonstrable hearing loss,
interferes with sleep, distracts from desired pursuits and causes
annoyance and irritation to people and persons subjected thereto,
so that is to the best interests and protection of the Citizens of
The City of Okeechobee that Noise Control regulations be adopted;
now therefore:
BE IT ORDAINED BY THE CITY OF OKEECHOBEE, FLORIDA:
Section 1: Engine EXhaUst,
It shall be unlawful to discharge into the open air the
exhaust of any steam engine, turbine or internal combus-
tion engine of any kind, whether on a motor vehicle, boat,
air boat, or any machine of any kind, except through a
muffler or other device which will effectively prevent
excessive and unnecessary loud or explosive noise there-
from.
Section 2: Vehicle Defect or Condition of Load.
It shall be unlawful for any person to operate a motor
vehicle or motor propelled boat so out of repair, or
defective or under any condition of load, acceleration or
de- acceleration, as to create excessive and unnecessary
loud or explosive noises therefrom.
Section 3: Unlawful to Make Excessive Noise.
It shall be unlawful for any person knowingly or willfully,
or through his culpable negligence to make or create
excessive or unusually loud noise within the City of
Okeechobee, as heard by persons and measure in the manner
hereinafter set forth.
Section 4: Noisy and Boisterous Conduct.
It shall be unlawful to knowingly and willfully cause or
create excessive and unnecessary noise by engaging in
boisterous, noisy and loud conduct while upon a public
street, side walk or parkway so as to annoy or disturb the
quiet, comfort or repose of persons in any office, store,
dwelling, hotel, motel or residence within the range of
hearing.
Section 5: Noise Measurement.
For the purpose of determining and classifying any noise
as excessive and unnecessary noise or as an unusually loud
noise, which is hereby declared to be unlawful and
, prohib-
R,, 231 PAGE 950
Boor
ited by this Ordinance, the following test measurements,
requirements and provisions may be applied, provided,
however, a violation of this Article may occur without
the occasion of the measurements being made as herein -
after provided.
Section 6:
The noise from any activity or from any permissible use
of property within the meaning of this Ordinance shall
be deemed to be excessive and unusually loud if it exceeds
the noise levels which are herein proscribed. All measure-
ment shall be made by methods consistent with the regula-
tions of the American National Standards Institute or its
successive bodies. (A) At no point on the boundary of or
within an area zoned RS P, RG -1, RMH, or RG -2 shall the
noise from any mechanical or electrical noise source
outside of the property in question exceed the following
sound pressure levels.
(i) between 7:00 A.M. and 7:00 P.M. - 55 dba (decibels)
(ii) between 7:01 P.M. and 6:59 A.M. - 50 dba (decibels)
Section 7:
No person shall use, operate or play any radio, phonograph,
stereo set, tape player, television set, sound amplifier
or other electronic audio device or any musical instrument
which produces or reproduces sound, at any level that is
in excess of the limits prohibited by Section 6, herein.
Section 8: Exemption
Any noise in violation of the provisions of this Ordinance
which is made because of construction activities during
the hours of 6:00 A.M. and 10:00 P.M. shall be exempt if
said construction is pursuant to a valid city construction
or building license or permit.
Section 9: Penalty.
Any person or persons, firms or corporation violating
any of the provisions of this ordinance shall upon con-
viction thereof be subject to a fine not to exceed $100.00
or by imprisonment not to exceed ten (10) days or both fine
and imprisonment.
Section 10:
This ordinance shall take effect on the 23rd day of
October , 1979
PASSED AND ADOPTED this 23rd day of
ATTEST:
CITY CLERK
October , 1979 .
PRESIDENT OF THE CITY Cs'NCIL
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BOOK 231 PAGE 951