Exh 7CAGENDA #7C
`~ ~~ `July 24, 2000
OgDIl~ANCE N0.95.Q(}.76
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FI.C}RIYfA,
AMENDING CHAPTEit.11, NOISE, iN ITS ENTIItET'Y, AND I?ROVIDI LTG
AN EF>`~CTIYE DATE. _ _
BE IT F~TACl'ED BY THE CTpX COMNiYSSION ON BEHALF OF THE PI`A~'T.~E
OF TSE CITY OF A,~EANTIC BEACH, FLORIDA:
SECTION _L Chapter II of the Code of Ordinances of the City of Atlantic Beach,
Florida, is hereby amezided to read as follows:
~~NO~SE
Sec. li-1. Ge~aex~ proh~itrous.
It shall be unlawful. fox any person to willfully make, continue or cause to be
made or continued a~ay loud and raucous noise, which term shall, mean aay sound
which, because of its volume level, duration and charter, arutoys, disturbs, injures
or endangers the comfort, repose, health, peace oz safety of reasonable persons or
ozdinary sensibilities within the limits of the city.
~ec.112. 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} Hoxns anal signaling devices. The sound of any horn, whistle o~c
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 equipmezxt.
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 ox xeproducing of sound in such manner such as to disturb the peace,
quiet and comfort of the neighboring inhabitants.
(c) Y:ocal vocal noises. Yelling, shouting, whistling or singing at any
place so as to create a loud artd raucous noise so as to annoy or disturb the quiet,
comfort, oz arepose of persons in any office or other place of business, or in .any
dwelling, hotel or other type of residence.
{d) Animals. The keeping of any animal which, by causing frequent or
Tong continued noise, shaII disturb the comfort oz repose of persons in the vicinity.
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~ July 24, 2000
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~.. {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 mowex, motor vehicle or similar device, except through a muffler or other
device which will effectively prevent loud oz 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 othez than between the itours of
7:00 a. m. and 7:00 p. m. lvXoztday through Friday, and 9:00 a. m. and ?: 00 p. m. on
Saturday and Sunday, except in uses of urgent necessity in the intezest of public
health artd 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 groundsadjacent to any building in which a school, church or medical.
facility is in session or use, shall willfully make or assist sn the malting of any noise
which distut'bs the peace or good order of such activity occurring witlin the
building.
~) ~Y 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 mecharuical or electrical cozttzivance, or device oz 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 descn`bed herein without
violating any of the rights secured by the constitution to the people, and are not
intended, nor shall they be constru~i, to regulate the usual and customary noise
incidental w urban life.
Sec.11~t. Othexs bell responsible.
Any person, owner, agent or supervisor in charge of opezating, ordering,
....directing ox allowing the operation of maintenance of the device ox machine creating
a noise as prohibited in this chapter shall be deemed guilty of violating this section.
Sec. Xl-S. Exceptions.
(a) Cries ~'or emergency assistance and warning calls;
(b) Radios, sirens and horns of police, fire and emergency response
vehicles;
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AGENDA #7C
~, July 24,..2000
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(c) Parades, fireworks displays, and other special evetzts fox which a
permit has been obtained from ttie city within. thie limitations established by the city;
(d) Activities on oar in municipal and school athletic facilities and on or
in publicly owned property and facz~ities, provided that such activities have been
authorized by the owner of such property or facilities or its agent;
(e) velucXes of businesses that are lawfully lirens+ed and permitted to sell
&o~en. dessexts, commonly referred to as "the ire cream man," as long as the
amplification is limited to music and the playing of such music is during daylight
hours;
(f) Fire and burglar alarms, pzxox to giving of ztotice and a xeasortable
opportunity,for the owner or tenant in possession of flee premises sewed by any such
alarm, or 'the alarm company zn~onitoxing 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.ll-6. Penalties.
Any person violating any of the provisions of this sectiom shall be deemed
guilty of a misdemeaz~ox azad subject to all penalties parovided by law, including Sec.
l-l l of ttxe Atlantic Beach City Code."
SECTION 2. This Ordinance shall take effect immediately upon its final pas.~age and
adoption.
21100.
PASSED by the City Commission on first a~eading this
day of ,
~',AUSSk:D by the City Comzrtisszozt on second and final reading this day of
2000.
ATTEST:
MALntEFN KINC1 IOHN S. MESERVE
City Clerk Mayor, Presiding C3fficaer
Approved as to form and oorr+acmess:
ALAN C. JENSEN', F.SQIJ'IIZE
City Attorney .