Loading...
Exh 7A. Agenda #7A August 14, 2000 :, ', ,.. _ _ ~, Memo To: Mr. Jim Hanson, City From: David E. Thompson c~~ T'a ~Qyo~-~m~u~a ~~~ S Subject: Proposed Noise Ordinance Date: July 28, 2000 CC: Mr. Alan Jensen, City Attorney After reviewing the concerns expressed by several of the City Commissioners relative to the intent and the subsequent enforcement of the proposed ordinance, the following language is being offered for review: Add to Section B after first paragraph: "' "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 holidavs, and any special events that maybe in progress Generally between the hours of 10:00 p.m. and 7:00 a.m. the tolerance level for noise is significantly reduced and enforcement should be more strin e~ nt „ This language should help to clarify some of the enforcement considerations and establish some general expectations for defining "customary noise incidental to urban life." Such an addition does not significantly change the ordinance, and I believe that it can be inserted by the City Commission at the second reading of the ordinance if they wish. . Agenda #7A August 14, 2000 ' _ , QR>DINANCl~.11T0.9s_pp,.76 _ AN ORDINANCE OF 1~iE CI'T'Y OF A'TLAN'iTC BEACH, FIARIDA, AI13II~TDIl~TCr C°HAPT1F.~t.1.1, NOISE, IN TI'S ENTIRETY, AND )~tOVID1NG AN EFF~CTIYE DATE. _.__ _ BE IT ENACTED BY THE CI.'~Y COMMllSSION ON BEHALF OF THE PF.A>P'I.E OF THE CITY OF A,TZC BEACH, FLORIDA: SECTION Is Chapter 11 of the Code of Ordinances of the City of Atlantic Beach, Florida, is herby amended Eo mad as follows:. ~~NOISE Sec. 11-1. Gez~ez~al prohibitions. 7t shall be unlawful for any person to willfully make, continue or cause to be made or continued any loud and raucous noise, which teen sb~all. measa any sound which, because of its volume level, duration and charter, anaxoys, disturbs, injures or endangers the comfort, repose, health, pence ox safety of reasonable persons or oxciinary sensibilities within the limits of the city. Sec. 112. Laud and raucous. noises. Violations of this section declared to ~e ioud and raucous noises shall include, but not be lizztzted to, the following acts: (a) Horns anal signaling devices. The sound of any horn, whistle oz 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, ph©nograph or other device for the producing ox reproducing of sound in such manner such as to disturb the peace, quiet and comfort of the neighboring inhabitants. (c) l:~ocal vocal noises. Yelling, shouting, whistling or singing at any place so as to create a loud a».d raucous noise so as to annoy or disturb the quiet, comfort, ox repose of persons in any office or other place of business, or in any dwelling, hotel or other type of residence. {d} Animals. Tlie keepizk; of any animal which, by causing frequent or long continued noise, shall disturb the comfort oz repose of persons in the vicinity. Agenda #7A - August 14, 2000 - .... {e) i?xhaust. The discharge into the open air of ibe exhaust of any steam engine, stationary internal. combustion .engine, motor boat, personal water craft, lawn mower, motor vehicle ox simdar device, except through a muffler or other devioe which will effectively prevent loud ox explosive noises therefrom. {Ij Construction or rewiring of buildings. Construction activities which - ____ _.. czate loud or unusual noises, including the excavation, demolition, alteration, construction or xepair of any building or structure other than between the hours of 7:00 a. m. and 7:00 p. m. T~oz~day through Friday, and 9:00 a. m. and 7; 00 p. m. on Saturday ar~d Sunday, except in cases of urgent necessity in the intez~est of public health aszd safety, and then only with the approval of the city building official or his designee. (g} Schools, churches, medical facilities. N'o 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 v~~llfully make or assist in the malting of any noise which distuzbs .the peace or good order of such activity occurring within the building. (h) ~A.ny person engaged in any business in the city to use for the purpose of attracting or solici.tiz-g customers to his plaace of business a megaphone or any mechanical or electrical cozitrivance, 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. iTsxtal and customary noise. The pxovisions of this section are intended to be construed to secure for the people fireedom from unwanted loud and raucous noise as described herein without violating any of the rights secured by the constitution to tlae people, and are not intended, nor shall they be construed, to regulate the usual and customary noise incidental to uzban. life. Sec.11-r4. Otbexs held resspansible. Any person, owner, agent or supervisor in charge of operatuag, ordering, directing or allowing the operation of maint~ernance of the device oz machine creating a noise as pmhibxted in this chapter shall be deemed guilty of violating this section. Sec. Xx-S. F~rceptions. (a} Cries for emergency assistance and warning calls; r (b) Radios, sirens and horns of police, fire and emergency response vehicles; Agenda #7A August l4, 2000 _- (c} ParaBes, fireworks displays, and other special evexits for which a permit has been obtained from the city within the limitations establasbed by the city; {d} Activities on ar in municipal and school athletic facilities and on or __ in publicly. owned property and facz~'tzes, pz+ovxded ttaat such: activities have been_ - _ -.- authorized by the owner of such paroperty or facilities or its agent; (e) Vehicles of businesses that are lawfully licensed and permitted to sell frozen dessezts, commonly referred to as "the ice cream. man," as long as the amplification is litruted to music and the playing of such music is during daylight hours; (~ Fire and burglaz alazzzas, pxxor to giving of notice and a x~easoztable opportunity,for the owner or tenant in possession of the premises sexved by any such alazm, or "the alarih company znonitozxng the alarmm tti turn off the aJazm. An. audible alarm sounding continuously or activating repeatedly over an hour shall be pruna facie evidence of a violation of this section.. Sec. lI-5. Penalties. Any person violating any of the pxovisians of this section shall be deemed guilty of a misdemeaztor az~d subject to all pezaalties pxovided by law, including Sec. ,, 1-11 of the,Atlantac Beach City Code." ~;, SECTION 2. This Ordinance shad take effect immediately upon its f nil passage anc# adoption. PASS~:D by the City Commission on first reading this day of , 2000. P,ASSk.:D by the City Commission on second and final reading this day of 2000. A'TTES'T: MAITRE~N KIl~IQ City Clerk IOHN S. MESERVE Mayor, Presiding Officer Approved as to form and correcmess: ALAN C. 7ENSEN', FSQTI'IlZE City Attorney