Ordinance No. 95-00-76 v IIIORDINANCE NO. 95-00-76
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA,
AMENDING CHAPTER 11, NOISE, IN ITS ENTIRETY, AND PROVIDING
AN EFFECTIVE DATE.
BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE
OF THE CITY OF ATLANTIC BEACH, FLORIDA:
SECTION 1. Chapter 11 of the Code of Ordinances of the City of Atlantic Beach,
Florida, is hereby amended to read as follows:
"NOISE
Sec. 11-1. General prohibitions.
It shall be unlawful for any person to willfully make, continue or cause to be
made or continued any loud and raucous noise, which term shall mean any sound
which, because of its volume level, duration and charter, annoys, disturbs, injures
or endangers the comfort, repose, health, peace or safety of reasonable persons or
ordinary sensibilities within the limits of the city.
. Sec. 11-2. Loud and raucous noises.
Violations of this section declared to be loud and raucous noises shall
include, but not be limited to, the following acts:
(a) Horns and signaling devices. The sound of any horn, whistle or
other audible signaling device so as to create a loud and raucous noise, except as a
danger warning.
(b) Radios, phonographs, electronic amplifiers and similar equipment.
The using, operating or permitting to be played, used or operated, of any radio,
electronic amplifier, musical instrument, phonograph or other device for the
producing or reproducing of sound in such manner such as to disturb the peace,
quiet and comfort of the neighboring inhabitants.
Enforcement considerations should include the day of the week, time of day
or night, volume of the noise, number of complainants, celebrations normally
associated with holidays, and any special events that may be in progress. Generally,
between the hours of 10:00 p.m. and 7:00 a.m. Sunday through Thursday evenings
and 11:00 p.m. and 7:00 a.m. Friday and Saturday evenings, the tolerance level for
noise is significantly reduced, and enforcement should be more stringent.
• (c) Local vocal noises. Yelling, shouting, whistling or singing at any
place so as to create a loud and raucous noise so as to annoy or disturb the quiet,
comfort, or repose of persons in any office or other place of business, or in any
dwelling, hotel or other type of residence.
III (d) Animals. The keeping of any animal which, by causing frequent or
long continued noise, shall disturb the comfort or repose of persons in the vicinity.
(e) Exhaust. The discharge into the open air of the exhaust of any steam
engine, stationary internal combustion engine, motor boat, personal water craft,
lawn mower, motor vehicle or similar device, except through a muffler or other
device which will effectively prevent loud or explosive noises therefrom.
(f) Construction or repairing of buildings. Construction activities which
crate loud or unusual noises, including the excavation, demolition, alteration,
construction or repair of any building or structure other than between the hours of
7:00 a.m. and 7:00 p.m. Monday through Friday, and 9:00 a.m. and 7:00 p.m. on
Saturday and Sunday, except in cases of urgent necessity in the interest of public
health and safety, and then only with the approval of the city building official or his
designee.
(g) Schools, churches, medical facilities. No person, while on public or
private grounds adjacent to any building in which a school, church or medical
facility is in session or use, shall willfully make or assist in the making of any noise
which disturbs the peace or good order of such activity occurring within the
building.
Ill (h) Any person engaged in any business in the city to use for the
purpose of attracting or soliciting customers to his place of business a megaphone or
any mechanical or electrical contrivance, or device or use any or boisterous noise,
which might annoy persons on the streets or on the sidewalks, or in the adjoining
buildings.
Sec. 11-3. Usual and customary noise.
The provisions of this section are intended to be construed to secure for the
people freedom from unwanted loud and raucous noise as described herein without
violating any of the rights secured by the constitution to the people, and are not
intended, nor shall they be construed, to regulate the usual and customary noise
incidental to urban life.
Sec. 11-4. Others held responsible.
Any person, owner, agent or supervisor in charge of operating, ordering,
directing or allowing the operation of maintenance of the device or machine creating
a noise as prohibited in this chapter shall be deemed guilty of violating this section.
Sec. 11-5. Exceptions.
410
(a) Cries for emergency assistance and warning calls;
(b) Radios, sirens and horns of police, fire and emergency response
vehicles;
III (c) Parades, fireworks displays, and other special events for which a
permit has been obtained from the city within the limitations established by the city;
(d) Activities on or in municipal and school athletic facilities and on or
in publicly owned property and facilities, provided that such activities have been
authorized by the owner of such property or facilities or its agent;
(e) Vehicles of businesses that are lawfully licensed and permitted to sell
frozen desserts, commonly referred to as "the ice cream man," as long as the
amplification is limited to music and the playing of such music is during daylight
hours;
(0 Fire and burglar alarms, prior to giving of notice and a reasonable
opportunity for the owner or tenant in possession of the premises served by any such
alarm, or the alarm company monitoring the alarm to turn off the alarm. An
audible alarm sounding continuously or activating repeatedly over an hour shall be
prima facie evidence of a violation of this section.
Sec. 11-6. Penalties.
Any person violating any of the provisions of this section shall be deemed
III guilty of a misdemeanor and subject to all penalties provided by law, including Sec.
1-11 of the Atlantic Beach City Code."
SECTION 2. This Ordinance shall take effect immediately upon its final passage and
adoption.
PASSED by the City Commission on first reading this 24"t4 day of 9A.P.7 ,
2000.
A-4-(
PASSED by the City Commission on second and final reading this Rea day of
/ yuQk , 2000.
ATTEST: ,''�
C2.uAL ,, lilkil.
MA EN KING JO q. `1I$: 'VE
City Clerk May. • ' - i.' _ Officer
Approved as to form and correctness:
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• ...1.,et..L _".
AN SEN, ESQUIRE
City A rey