§ 66-97. Specific noises prohibited.

The following specific noises are prohibited under this article:

(1)

Motor vehicle noise. The use of straight pipes, altered mufflers or gutted mufflers on a motor vehicle is specifically prohibited under this section.

(2)

Construction noise.

a.

No power-driven construction equipment shall be operated without a muffler or other noise-reduction device at least as effective as that recommended by the manufacturer or provided as original equipment.

b.

No construction activities shall be permitted between the hours of 10:00 p.m. and 7:00 a.m., Monday through Saturday, and all day Sunday that produce noise exceeding 55 dBA, measured at the nearest property line of an adjacent residential area.

c.

Construction equipment that must be operated near a residentially zoned area on a 24-hour-per-day basis (i.e., pumps, well tips, generators, etc.) shall be shielded by an acoustical barrier or enclosure during the hours of 6:00 p.m. to 7:00 a.m. daily, unless the unshielded noise level is less than 55 dBA, measured at the closest adjacent residentially zoned property line. The barrier or enclosure shall be so constructed and maintained as to reduce the noise level to 55 dBA or less, measured at the closest adjacent residentially zoned property line.

(3)

Industrial or commercial noises.

a.

No noise shall be created in an industrial or commercial zone which exceeds those levels given on table 1 as follows, as measured on the adjacent property line.

TABLE 1

Maximum Noise Levels Permitted in
Industrial and Commercial Zones

District from which Noise  Emanates	Adjoining Commercial District (No Time Limit)	Adjoining Residential District (7:00 a.m.—6:00 p.m., Monday through Saturday)
Industrial	72 dBA	66 dBA
Commercial	66 dBA	60 dBA

 

The maximum permitted noise level emanating from a commercially or industrially zoned district, measured at the closest adjacent residentially zoned property line for the hours between 6:00 p.m. and 7:00 a.m. Monday through Saturday and during all hours of Sunday shall be 55 dBA.

b.

An exception to the noise levels listed in table 1 shall be permitted by waivers granted by the county administrator under circumstances in which the activity creating the noise is of such importance to the public welfare, health or safety that the activity cannot be shut down, even though its noise levels exceed those given in table 1, or in instances where an industry or commercial business had in prior years established its place of business in an area away from a residential district and subsequently, through the encroachment of residential development or rezoning, finds itself adjoining a residential district. In instances of this latter nature the noise restrictions pertaining to industrial-commercial boundaries shall govern, and the business shall not be required to meet those noise levels pertaining to residential boundaries.

c.

For impulsive noises, the noise levels listed in table 1 shall be increased by ten dBA, as measured on a sound level meter, during the hours of 7:00 a.m. to 6:00 p.m. Monday through Saturday, but shall not exceed the levels of table 1 during the period from 6:00 p.m. to 7:00 a.m. Monday through Saturday and all day Sunday.

(4)

Noises created within residential zones.

a.

Except for those noises otherwise specifically provided for within this section, it shall be unlawful to create or to permit to be created any noise within a residential district that exceeds 55 dBA, measured at the nearest adjacent property line during the hours of 10:00 p.m. to 7:00 a.m. daily.

b.

It shall be unlawful to operate any air conditioning, heating or ventilating unit at any time that produces a noise exceeding 60 dBA measured at the nearest adjacent property line.

c.

For multifamily dwelling units, it shall be unlawful to create or to permit to be created any noise that exceeds 40 dBA measured within a neighbor's dwelling during the hours of 10:00 p.m. to 7:00 a.m. daily.

(5)

Noises emanating from boats or barges on water adjoining residential districts.

a.

No craft operating on water areas adjoining residential areas shall produce noise that exceeds 55 dBA measured at the nearest adjacent residential property line during the hours of 10:00 p.m. to 7:00 a.m. daily.

b.

For construction barges or dredges, a permit from the county administrator must be obtained in order to operate during the hours of 10:00 p.m. to 7:00 a.m. This permit will only be granted when the barge or dredge operator has satisfied the administrator that he has done all that is reasonably possible to minimize the noise impact on the adjacent residential community.

(6)

Noises within outdoor public recreation areas and parks.

a.

It shall be unlawful to operate any mechanical or electrical device within an outdoor public recreation area or park that produces a noise exceeding 60 dBA measured at a distance of at least ten feet from the source, except for planned community events, including but not limited to concerts, speeches, sporting events, fireworks displays, etc. When a planned community event will create noise in excess of the limit of 60 dBA, a permit must be obtained from the county administrator prior to the event.

b.

Motor vehicles such as trail bikes and all-terrain vehicles (ATVs) which are operated off the highways and road rights-of-way shall not exceed those maximum noise level limits specified by law for motorcycles between the hours of 7:00 a.m. and 10:00 p.m. daily. If such vehicles are operated between the hours of 10:00 p.m. and 7:00 a.m., the maximum permissible noise level shall be reduced to 60 dBA measured at least ten feet from the vehicle.

(7)

Noises created by radios, television sets, exterior loudspeakers, and similar devices.

a.

In the case of any radio receiving set, musical instrument, television, phonograph, drum, exterior loudspeaker, or other device for the production or reproduction of sound, it shall be unlawful to create or permit to be created any noise that exceeds 66 dBA during the hours of 7:00 a.m. to 6:00 p.m., 60 dBA during the hours of 6:00 p.m. to 10:00 p.m., and 55 dBA during the hours of 10:00 p.m. to 7:00 a.m., measured from the property line of the noise source.

b.

It shall also be unlawful to operate or permit the use or operation of any radio receiving set, musical instrument, television, phonograph, drum, exterior loudspeaker, or other device for the production or reproduction of sound in such a manner as to cause noise disturbance so as to disturb the peace, quiet, and comfort of the neighborhood and vicinity thereof.

c.

Violations of subsection (7) shall be prosecuted as a misdemeanor in the second degree, pursuant to F.S. § 125.69(1) and section 1-6(c) of the County Code.

(Code 1970, § 16¾-29(a)(2)—(f); Ord. No. 74-10, § 4, 4-23-74; Ord. No. 97-10, § 1, 7-29-97)