§ 38-71. Sound limitations established; applicability.

(a)

Classification of use occupancy. For the purposes of defining the use occupancy under this article, all premises containing habitually occupied sleeping quarters shall be considered residential use. All premises containing transient commercial sleeping quarters shall be considered tourist use. All premises containing business where sales, professional or other commercial use is legally permitted, including hospitals, shall be considered commercial use. All premises where manufacturing is legally permitted shall be considered manufacturing use. In cases of multiple use, the more restrictive use category shall prevail. Nursing homes, schools, libraries and church uses shall be considered residential uses. Any area not otherwise classified shall conform to commercial standards.

(b)

Measurement of sound. Standards, instrumentation, personnel, measurement procedures and reporting procedures to be used in the measurement of sound as provided for in this article shall be those as specified in section 38-70.

(c)

Maximum permissible sound levels by use occupancy. No person shall operate or cause to be operated any source of sound from any occupancy in such a manner as to create a sound level which exceeds the limits set forth for the use occupancy category in table I, more than ten percent of any measurement period, which shall not be less than ten minutes when measured at or beyond the property boundary of the land use from which the sound emanates.

TABLE I

Use Occupancy   Category	Time	Sound Level Limit (dBA)
Residential	7:00 a.m. to 10:00 p.m. After 10:00 p.m. to 6:59 a.m.	60 55
Commercial or tourist	7:00 a.m. to 10:00 p.m. After 10:00 p.m. to 6:59 a.m.	65 60
Manufacturing	At all times	75
Agricultural	At all times	75

 

(d)

Exceptions. The following uses and activities shall be exempt from noise level regulations except as listed in table I:

(1)

Air conditioners are exempt from provisions of table I when this equipment is functioning in accord with the manufacturer's standard mufflers and noise-reducing equipment in use and in proper operating condition according to standards promulgated by the American Refrigeration Institute. The same exception shall apply to lawn mowers and agricultural equipment during daylight hours.

(2)

Nonamplified crowd noises resulting from activities such as those planned by student government, community groups or racing/sport events are exempt.

(3)

Construction operations for which building permits have been issued or construction operations not requiring permits due to ownership of the project by an agency of government, providing all equipment is operated in accord with the manufacturer's specifications and with all standard equipment, manufacturer's mufflers and noise-reducing equipment in use and in proper operating condition. Such construction shall not begin prior to 7:00 a.m. and shall cease by 7:00 p.m. unless a special permit has been granted by the city.

(4)

Noises of safety signals, warning devices, pressure relief valves, and bells and chimes of churches are exempt, except as otherwise provided by this Code.

(5)

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

(6)

Noises resulting from emergency work are exempt.

(7)

Any other noise resulting from activities of a temporary duration permitted by law and for which a license or permit has been granted by the city in accordance with subsection (e) of this section is exempt.

(8)

Noises made by persons having obtained a permit to use the streets are exempt.

(9)

All noises coming from the normal operations of railroad trains are exempt.

(10)

All noises coming from the normal operations of aircraft (not including scale model aircraft) are exempt.

(11)

Those motor vehicles controlled by F.S. § 316.293 are exempt, but not those motor vehicles exempted from coverage.

(12)

Motor vehicles defined in F.S. § 316.293(6)(a) and (b) are exempt.

(e)

Special permits. Applications for a permit for relief from the maximum allowable noise level limits designated in this article may be made in writing to the city manager or his duly authorized representative. Any permit granted by the city manager under this subsection must be made in writing and shall contain all conditions upon which the permit shall be effective. The city manager or his duly authorized representative may grant the relief as applied for under the following conditions:

(1)

The city manager may prescribe any reasonable conditions or requirements as he deems necessary to minimize adverse effects upon the community or the surrounding neighborhood, including use of mufflers, screens or other sound-attenuating devices.

(2)

Permits may be granted for the purpose of entertainment under the following conditions:

a.

The function must be open to the public (admission may be charged).

b.

The function must take place on public property.

c.

The permit will be given only for four hours in one 24-hour day.

d.

The function must be staged between the hours of 9:00 a.m. and 12:00 midnight.

(3)

Special permits for nonentertainment special purposes may be issued under the following conditions:

a.

1.
If the special purpose relates to the operation of a trade or business, that the special purpose not be in the ordinary course of that trade or business;

2.

If the special purpose does not relate to the operation of a trade or business, that the special purpose not be an ordinary event in the affairs of the applicant; and

b.

If the special purpose be a recurring purpose, that it not recur more often than four times each calendar year;

c.

1.
That the special purpose be absolutely necessary to the operation of the applicant's trade or business; or

2.

If the special purpose does not relate to the operation of the trade or business, that the special purpose be compatible with the ordinary activities of the neighborhood in which the special purpose is to occur;

d.

Except in emergency situations, as determined by the city manager, the special permit may be issued only for four hours between 7:00 a.m. and 11:00 p.m. on weekdays; and

e.

Special permits may be issued for no longer than 15 consecutive days, renewable by further application to the city manager.

(4)

No permit may be issued to permit the use of any loudspeaker or sound-amplifying device on the exterior of any building that at any time exceeds the sound level limits in table I of this section, except those used for emergency warnings.

(Ord. No. 96-15, § I(50-496), 3-4-1996; Ord. No. 12-00, § 1, 8-7-2000; Ord. No. 16-01, § 1, 6-4-2001)