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STAFF REPORT
CITY OF ATLANTIC BEACH
CITY STAFF REPORT
AGENDA ITEM:
DATE:
SUBMITTED BY:
Noise Ordinance Recommendation
June 19, 2000
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June 26, 2000
David E. Thompson, Director of Public Safety/Chief of Police
BACKGROUND: The noise ordinance in Atlantic Beach is in need of revision. The existing
language is confusing and difficult to interpret, which makes it difficult for the Police to apply to
situations which arise in the field. The .State Attorney's Office has found problems with the
language when trying to prosecute cases, and the City Commission has recognized deficiencies
several times in the past when trying to apply it to specific situations. The Police Department
advised the City Commission several months ago that a new noise ordinance would be presented
in the near future for consideration.
Please see the attached copy of the existing code. Some of the problematic language is
highlighted for review.
The Police Department reviewed a variety of ordinances from cities throughout the State of
Florida, and the proposed ordinance was compiled from several municipal codes. It has been
modified several times with staff input, and the City Attorney has reviewed it and provided
suggestions and guidance.
Noise ordinances, by their very nature, require fine tuning by elected officials. This proposal
includes prohibitions and exceptions that the City Commission will want to evaluate carefully
before approving. The proposed language reflects an attempt to establish codes that are clear
enough to withstand a constitutional. challenge, while leaving enough flexibility for the police to
apply it judiciously.
RECOMMENDATIONS: For the City Commission to review the proposed Noise Ordinance,
make adjustments and modifications as they deem necessary, and to approve the proposal to
replace the existing language under Chapter 11 of the City Code.
ATTACHMENTS: 1. Existing Chapter 11 of the City Code
2. Proposed Noise Ordinance
REVIEWED BY CITY MANAGER:
A~NDA ITEM NUMBER:
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~ Copyrighted. Municipal Code Corp., affiliated Municipality. 199b.
June 26, 2000
Chapter 11 NOISE*
*Cross reference(s)--Nuisances, Ch. 12.
State law reference(s)--Motor vehicle noise, F.S. § 403.415.
Sec. 11-1. General prohibitions.
It shall be unlawful for any person to make, continue or cause to be made or continued.
any unnecessary or unusual noise between the hours of 6:00 a.m. and 8:00 p.m., which either
annoys, injures or endangers the comfort, repose, health or safety of others, or to make, continue
or cause to be made or continued between the hours of 8:00 p.m. and 6:00 a.m., whether in the
operation of any machine or the exercise of any trade or calling or otherwise, any noise which
either annoys, injures or endangers the comfort, repose, health or safety of others, unless the
making and continuing of the same is necessary for the protection or preservation of property or
of the health, safety, life or limb of some person.
(Code 1970, § 12-1)
Sec. 11-2. Noise in public places generally.
It shall be unlawful for any person to ring any handbell, beat or strike any pan, pail or
other like article, sound any gong or blow any whistle or horn, or other than musical instruments
when used as part of a band of music, except to give necessary signals upon a motor vehicle,
motorcycle, bicycle or similar vehicle, or to hawk, cry or call out the sale of goods at auction or
otherwise, or to gain passengers for any cab, hack, taxi or other vehicle, or to make, aid,
continue, encourage or assist in making any other or unusual noise upon any street or other public
place or in close proximity thereto so as to be distinctly and Loudly audible upon any such street or
place in the city. .
(Code 1970, § 12-3)
Sec. 11-3. Use ofnoise-producing instruments outdoors on own premises.
It shall be unlawful for any person ;o install, maintain, harbor or play in any manner, at a
physical location outside of any building comprising the whole or any part of such person's
residential, business or professional premises,. any musical or noise-producing instrument or
portion thereof whatsoever; provided, the ins~allation, maintenance, harboring or playing shall not,
if in keeping with all other provisions of this clapter, be prohibited at the location if the aforesaid
musical or noise-producing instrument is not albwed to face upon any public or private street,
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June 26, 2000
avenue or way within the city.
(Code 1970, § 12-2}
Sec. 11-4. Use of sirens, whistles, etc., on vehicles prohibited.
It shall be unlawful for any person to carry or use upon any vehicle any gong, siren or
whistle similar to that used on ambulances or vehicles of the police and fire departments.
(Code 1970, § 12-4)
Cross reference(s)--Traffic and motor vehicles generally, Ch. 21.
Sec. 11-5. Playing of musical instruments.
It shall be unlawful for any person using or performing upon any bugle, hand organ, barrel
organ, barrel accordion, barrel piano, hurdy-gurdy or other musical or wind instrument upon any
street or other public place in the city to solicit, ask or request any money for such use or
performance in any way, shape or manner, directly or indirectly. No person shall use or perform
upon the instruments in any street or public place before 9:00 a.m. or after b:00 p.m. of any day,
during any part of any Sunday, or within a distance of two hundred fifty (250) feet of any
,, tenement or apartment house or dwelling when directed or requested by any occupant thereof to
refrain or discontinue using or performing upon the instrument.
(Code 1970, § 12-5)
Sec. 11-6. Building operations at night.
It shall be unlawful for any person, in conducting any building operations between 7:00
p.m. and 7:00 a.m., to operate or use any pile driver, steam shovel, pneumatic hammer, derrick,
steam or electric hoist or other apparatus, the use of which is attended by loud or unusual noise,
except by written permission of the city manager, and then only in case of emergency.
(Code 1970, § 12-b)
Cross reference(s)--Buildings and building regulations, Ch. 6.
Sec. 11-7. Muffling of blowers, power fans and engines.
It shall be unlawful to operate or cause to be operated any noise-creating blower or power
fan or any internal combustion engine, the operation of which causes noises due to the explosion
of operating gases or fluids, unless the noise from such blower or fan is muffled and such engine is
equipped with a muffler device sufficient to deaden such noises so that the same shall not cause
annoyance to the public or disturb the rest and quiet of persons residing or occupying property
near enough thereto to be annoyed by the unmuffled blower, fan or exhaust of any such engine.
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June 26, 2000
(Code 1970, § 12-7)
Sec. 11-8. Loudspeakers; hours of use; permit requirements.
It shall be unlawful for any person to use or operate any public address or loudspeaker
equipment for advertising or sales purposes in any street or public place before 4:00, p.m. or after
5:00 p.m. of any day. No such loudspeaker equipment shall be operated within the city without a
written permit from the city manager to operate the same.
(Code 1970, § 12-8)
Sec. 11-9. Animal or bird noises.
It shall be unlawful for any person to keep or harbor any animal or bird which, by causing
frequent or long continued noise, shall disturb the comfort or repose of any persons in the vicinity.
(Code 1970, § 12-9)
Cross reference(s)--Nuisance animals, § 4-6.
Sec. 11-10. Interfering with schools, courts or churches.
It shall be unlawful for any person to create any excessive noise on any street adjacent to
any school, institution of learning, church or court, while the same is in use, which unreasonably
interferes with the workings of the institution; provided, conspicuous signs shall be displayed in
the streets indicating that the same is a school or court street.
(Code 1970, § 12-10)
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t , ORDINANCE N0. 95-00-74
Proposed Noise Ordinance
Regulation of Noise
June 26, 2000
A. 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 character,
annoys, disturbs, injures or endangers the comfort, repose, health, peace or
safety of reasonable persons of ordinary sensibilities within the limits of the
city.
The following acts, among others, are declared to be loud and raucous noises
in violation of this section, and such enumeration shall not be deemed to be
exclusive:
1. 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.
2. Radios, phonographs, electronic amplifiers, and similar equipment.
The using, operating, or permitting to be played, used or operated
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. The operation of any such radio,
instrument, phonograph, machine or device in such a manner as to
be plainly audible at a distance of fifty (50) feet from the property-
where it originates, shall be prima facie evidence of a violation of
this paragraph.
3. 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.
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June 26, 2000
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4. Animals. The keeping of any animal which, by causing frequent
or long continued noise, shall disturb the comfort or repose of
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persons in the vicinity.
5. 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.
6. Construction. or repairing of buildings. Construction activities
which create 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.,
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
7. 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.
8. 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 loud or boisterous noise, which might annoy
persons on the streets or on the sidewalks, or in the adjoining
buildings.
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C. 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.
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June 26, 2000
B. 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......
D. Exceptions: 1. Cries for emergency assistance and warning calls;
2. Radios, sirens, and horns on police, fire, and
emergency response vehicles;
3. Parades, fireworks displays and other, special events
for which a permit has been obtained from the City
within the limitations established by the City;
4. 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;
5. Vehicles selling frozen deserts, 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;
6. 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.
to turn off the alarm.
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... June 26, 2000
E. Penalty. Any person violating any of the provisions of this section shall
be deemed guilty of a misdemeanor and subject to all penalties provided by
law, including Section 1-11 of the Atlantic Beach City Code.
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