§ 15-3. Prohibited acts.

(a)

General prohibition. It shall be unlawful and a violation of this chapter to make, cause or allow the making of any sound that causes a noise disturbance, as defined in section 15-2.

(b)

Sound causing permanent hearing loss.

(1)

Sound level limits. Table I and Table I-A specify sound level limits which, if exceeded, will have a high probability of producing permanent hearing loss in anyone in the area where the sound levels are being exceeded. No sound shall be permitted within the city which exceeds the parameters set forth in Table I and Table I-A.

TABLE I. MAXIMUM CONTINUOUS SOUND LEVELS*

Duration per Day, Continuous Hours	Sound level (dB(A))
8	90
6	92
4	95
3	97
2	100
1½	102
1	105
½	110
¼	115

 

*When the daily sound exposure is composed of two or more periods of sound exposure at different levels, the combined effect of all such periods shall constitute a violation of this section if the sum of the percent of allowed period of sound exposure at each level exceeds 100 percent.

TABLE I-A. MAXIMUM IMPULSIVE SOUND LEVELS

Number of Repetitions per 24-Hour Period	Sound Level (dB(A))
1	145
10	135
100	125

 

(2)

Exemptions. No violation shall exist if the only persons exposed to sound levels in excess of those listed in Table I and Table I-A are exposed as a result of:

a.

Trespass;

b.

Invitation upon private property by the person causing or permitting the sound; or

c.

Employment by the person or a contractor of the person causing or permitting the sound.

(c)

Continuous airborne sound decibel limits. No person shall create, operate or cause to be operated on private property any source of sound in such a manner as to create a continuous airborne sound which exceeds the limits set forth for the source land use category as defined in section 15-2 in Table II when measured at a distance of 200 feet or more from the real property line of the source of the sound. Any source of sound in violation of this subsection shall be deemed prima facie to be a noise disturbance.

TABLE II. MAXIMUM SOUND LEVELS (IN dB(A)) FOR SOURCE LAND USES*

Residential		Commercial
Daytime	Nighttime	Daytime	Nighttime
61	55	66	60

 

*See section 15-2, Definitions, for daytime and nighttime hours, and for land use definitions.

(d)

Specific prohibitions. In addition to the general prohibitions set out in subsection (a), and unless otherwise exempted by this chapter, the following specific acts, or the causing or permitting thereof, are hereby regulated as follows:

(1)

Motor vehicles. No person shall operate or cause to be operated a public or private motor vehicle, or combination of vehicles towed by a motor vehicle, that creates a sound exceeding the sound level limits in Table II when the vehicle(s) are not traveling on public streets, highways, driveways, parking lots and ways open to vehicle travel.

(2)

Radios, televisions, electronic audio equipment, musical instruments or similar devices. No person shall operate, play or permit the operation or playing of any radio, tape player, television, electronic audio equipment, musical instrument, sound amplifier or other mechanical or electronic soundmaking device that produces, reproduces or amplifies sound in such a manner as to create a noise disturbance across a real property boundary. However, this subsection shall not apply to any use or activity exempted in subsection (e) below and any use or activity for which a special permit has been issued pursuant to section 15-4.

(3)

Loudspeakers and public address systems. No person shall operate, or permit the operation of, any loudspeaker, public address system or similar device, for any purpose, during nighttime hours in such a manner as to create a noise disturbance.

(4)

Animals. No person shall own, possess or harbor an animal or bird that howls, barks, meows, squawks or makes other sounds that:

a.

Create a noise disturbance across a residential real property boundary;

b.

Are of frequent or continued duration for ten or more consecutive minutes; or

c.

Are intermittent for a period of 30 or more minutes.

(5)

Construction and demolition. No person shall operate or cause the operation of any tools or equipment used in construction, drilling, repair, alteration or demolition work between the hours of 9:00 p.m. and 6:00 a.m. the following day such that the sound therefrom creates a noise disturbance across a real property boundary, except for emergency work by public service utilities or for other work approved by the city manager or designee. This section shall not apply to the use of domestic power tools as provided below.

(6)

Emergency signaling devices.

a.

No person shall intentionally sound or permit the sounding outdoors of any fire, burglar or civil defense alarm, siren or whistle, or similar stationary emergency signaling device, except for emergency purposes or for testing as follows:

1.

Testing of a stationary emergency signaling device shall not occur between 7:00 p.m. and 7:00 a.m. the following day.

2.

Testing of a stationary emergency signaling device shall use only the minimum cycle test time, in no case to exceed 60 seconds.

3.

Testing of a complete emergency signaling system, including the functioning of the signaling device and the personnel response to the signaling device, shall not occur more than once in each calendar month. Such testing shall only occur on weekdays and not during nighttime hours, and shall be exempt from the time limit specified in paragraph 2. above.

b.

No person shall permit the sounding of any exterior burglar or fire alarm unless such alarm is automatically terminated within 15 minutes of activation.

(7)

Domestic power tools. No person shall operate or permit the operation of any mechanically, electrically or gasoline motor-driven tool during nighttime hours so as to cause a noise disturbance.

(8)

Pumps, air conditioners, air-handling equipment and other continuously operating equipment. No person shall operate or permit the operation of any pump, air conditioning, air-handling or other continuously operating motorized equipment in such a manner so as to cause a noise disturbance.

(e)

Exemptions. The following uses and activities shall be exempt from the sound level regulations except the levels provided in Table I and Table I-A:

(1)

Nonamplified human voice, except yelling, shouting, whistling, hooting, or generally creating a racket such that it creates a noise disturbance during the nighttime hours in a residential area in other than time of emergency.

(2)

Sounds resulting from any authorized emergency vehicle when responding to an emergency call or acting in time of emergency.

(3)

Sounds resulting from emergency work as defined in section 15-2.

(4)

Any aircraft operated in conformity with, or pursuant to, federal law, federal air regulations and air traffic control instruction used pursuant to and within the duly adopted federal air regulations; and any aircraft operating under technical difficulties in any kind of distress, under emergency orders of air traffic control, or being operated pursuant to and subsequent to the declaration of an emergency under federal air regulations.

(5)

All sounds coming from the normal operations of interstate motor and rail carriers, to the extent that local regulation of sound levels of such vehicles has been preempted by the Noise Control Act of 1972 (42 U.S.C. § 4901 et seq.) or other applicable federal laws or regulations.

(6)

Sounds from the operation of motor vehicles, to the extent they are regulated by F.S. § 316.293.

(7)

Any nonamplified noise generated by public speaking activities conducted on any public property or public right-of-way pursuant to legal authority.

(8)

Sounds produced at organized sporting events, by fireworks and by permitted parades on public property or public right-of-way.

(Ord. No. 3868, § 1, 6-22-93; Ord. No. 960008, § 1, 12-8-97; Ord. No. 981314, § 1, 4-10-00; Ord. No. 110672, §§ 1, 2, 7-19-12)