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Ordinance 1975-005 Noise OrdinanceORDINANCE N0. 5-75 AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, CREATING CHAPTER 22 (NOISE CONTROL) OF THE VILLAGE OF NORTH PAIM BEACH CODE; PROVIDING FOR NOISE CONTROL AND ABATEMENT; ESTABLISHING A NOISE CONTROL POLICY; PROVIDING DEFINITIONS; MAKING IT UNLAWFUL TO MAKE EXCESSIVE NOISE FROM }{ORNS; RESTRICTING NOISE FROM RADIO, ELECTRONIC EQUIPMENT; RESTRICTING LOUDSPEAKERS FOR USE IN ADVERTISING; DECLARING NOISE AND BOISTEROUS CONDUCT UNLAWFUL; RESTRICTING ANIMAL NOISES; REQUIRING MUFFLERS ON ENGINES; DECLARING NOISY VEHICLES UNLAWFUL; DECLARING LOADING AND UN- LOADING NOISES TO BE UNLAWFUL; RESTRICTING THE TIME FOR CONSTRUCTION ACTIVITY; RELATING FANS AND AIR CONDITIONERS WITH REGARD TO NOISE, PLACE- MENT ON THE BUILDING SITE AND SOUND CERTIFICATION RATINGS; PROVIDING PROCEDURES FOR MEASURING SOUND LEVELS; ESTABLISHING AN ENFORCEMENT PROGRAM AND THE REQUISITES FOR VIOLATIONS HEREOF; ESTABLISHING NOISE CONTROL MEASUREMENT STANDARDS; PROVIDING FOR A PENALTY; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SAVINGS CLAUSE; PROVIDING AN EFFECTIVE llATE; AND FOR OTHER PURPOSES. BE IT ORDAINED BY THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA: Section 1. That the Village of North Palm Beach Code be, and the same is hereby, further amended by creating Chapter 22 (Noise Control) to read as follows: Sec. 22-1. NOISE CONTROL POLICY---In furtherance of the mandate of the people, as expressed in Article II, Section 7 of the Constitution of the State of Florida, it shall be the policy of the Village of North Palm Beach, Florida to conserve and protect its natural resources and scenic beauty and adequate provision shall be made by ordinance for the abatement of excessive and unnecessary noise. Sec. 22-2. DEFINITIONS---For the purpose of this chapter, whenever any of the following words, terms or definitions are used herein they shall have the meanings respectively ascribed to them in this section except where the context requires otherwise. 1. Ambient Noise. Ambient noise is the all encompassing noise associ- ' ated with a given environment, being a composite of sounds from many sources, near and far. For the purposes of this Code, ambient noise level is that level which is exceeded only 50 percent of the time during an observation period of not less than 7 minutes excluding random or inter- mittent noises and the alleged offensive noise at the location and the time of day at which a comparison with an alleged offensive noise is to be made. The evaluation of the ambient noise level may be done in accordance with American National Standard S1.13-1971, as amended, or may be done manually as follows: a. Observe a sound level meter and at either 5 second or 10 second intervals and record the A-weighted level indicated by the meter needle with the meter on FAST response. b. Repeat the observations and measurements over a period of not less than 7 minutes and of a sufficient time period so as to make at least 50 readings. c. Calculate the A-weighted sound pressure level that is exceeded 50 percent of the observation period. This level shall also be referred to as the L50. 2. Acoustical Terminology. All acoustical terminology and all defin- itions thereof shall be that contained in ASA S1.1-1960, as amended, American Standard Acoustical Terminology of the American National Standards Institute. 3. Authorized Emergency Vehicle. Vehicles of the fire department (fire patrol), police vehicles and such ambulances and emergency vehicles of municipal departments, public service .corporations operated by private corporations, and the department of transportation as are designated or authorized by the department or the chief of police of an incorporated city or any sheriff of any of the various counties. 4. Decibel. A decibel is a unit for measuring the intensity of a sound, the mathematical formula for which is expressed as the volume of a sound which is equal to 10 times the logarithm of the ratio of the intensity of the sound to the intensity of a specified standard sound, abbreviated "dD ~ r 5. Discrete Tone. A discrete tone is a pure tone or a single frequency sound. This is expressed technically as a sound wave whose instantaneous sound pressure varies essentially as a single sinusoidal function of time. 6. Emergency Work. Emergency work shall mean work made necessary to restore property to a safe condition following a natural disaster or public calamity; or work required to protect persons or property from imminent danger caused by hurricanes, tornados, floods or other natural disasters or public calamity; or work by private or public utilities when installing or restoring utility service. 7. Fixed Source. A machine or device capable of creating a noise level at the property line upon which it is located, including but not limited to: industrial and commercial process machinery and equipment, pumps, fans, air conditioning apparatus, refrigeration machines or pool heaters. 8. Fluctuating Noise. A fluctuating noise is a noise in which the loudness varies with time. This is expressed technically as a noise whose sound pressure level varies significantly and exceeds the ambient noise level. 9. Impulsive Noise. Impulsive noise is a very short duration noise. It is a noise characterized by brief exertions of sound pressure which significantly exceed the ambient sound pressure. 10. Intermittent Noise. An intermittent noise is an interrupted noise which reoccurs at either regular or irregular intervals, excluding an impulsive noise. The sound pressure level of an intermittentenoise will equal the ambient environmental level two or more times during the period of observation. ' 11. Motor Vehicle. Motor vehicle means any vehicle which is self- propelled. 12. Motorcycle. A motorcycle is any motor vehicle having a seat or saddle for the use of the rider and designed to travel on not more than three (3) wheels in contact with the ground, but excluding a tractor. - 2 - 13. Motor Driven Cycle. A motor driven cycle is any motorcycle, and any motor scooter with a motor which produces not to exceed five (5) brake horsepower, including every bicycle with a motor attached. l~l. Noise. Any sound which is unwanted or which causes or tends to cause an adverse psychological or physiological effect on Human beings. 15. Non-Steady Noise. Anon-steady noise is the same as a fluctuating noise. 16. Period of Observation. The period of observation is the time interval during which acoustical data and facts are obtained. 17. Person. Person shall mean a person, firm, association, co- partnership, joint venture, corporation or any entity, public or private in nature. 18. Sound. A temporal and spacial oscillation in pressure, or other p}iysical quantity in a medium with internal forces that causes compression acid rarefaction of that medium, and which propagates at finite speed to distant points. 19. Sound Pressure Level. The sound pressure level, in decibels, of a sound is twenty (20) times the logarithm to the base ten (10) of the ratio of the pressure of the sound to the reference sound pressure. The reference is 0.0002 ubar. The sound pressure level may be evaluated using FLAT A, B, or C scales as defined by the American National Standards Institute and shall be labeled dB, dBA, dBB or dBC respectively. The A- weighted sound pressure level measured with fast response on an instrument meeting American National Standards Institute specifications or its successor bodies, except that only the A-weighting and fast dynamic response need be provided, shall be called the "sound level." 20. Steady Noise. A steady noise is a non-fluctuating noise or a noise whose level remains essentially constant during the period of observation. 21. Unnecessary, Excessive or Offensive Noise. Unnecessary, excessive or offensive noise shall mean any sound or noise conflicting with the criteria, standards or levels set forth in this chapter for permissible noise. In the absence of specific maximum noise levels, a noise level which exceeds the ambient sound level by SdBA or more, when measured at the nearest property line or, in the case of multi-family residential buildings, when measured anywhere in one dwelling unit or from common space in the same building, shall be deemed an unnecessary, excessive or offensive noise. 22. Zoning District. A zoning district is any of the several desig- nated categories in the zoning code of the Village of North Palm Beach, Florida. Sec. 22-3. UNLAWFUL TO MAKE UNNECESSARY, EXCESSIVE OR OFFENSIVE NOISE--- It shall be unlawful for any person knowingly or willfully, or through his culpable negligence to make or create excessive, unnecessary, or offensive noise within the Village of North Palm Beach, Florida, as heard by persons. Sec. 22-4. NOISE FRS] BUILDINGS, PREMISES OR PROPERTY---No person owning, or in possession or control of any building or premises, shall use the same, or rent the same to be used for any business or employment or ' residential use, or for any purpose of pleasure or recreation, if such use shall, by its nature be excessive or offensive, and thereby disturb or destroy the peace of the neighborhood in which such building or premise i.s situated, or be dangerous or detrimental to health. This section shall not prohibit the operation or periodic testing of emergency engines, generators and other equipment necessary to maintain or restore regulated public utilities service or other necessary public services. - 3 - Sec. 22-5. HORNS AND SIGNAL DEVICES---No person shall sound any horn or audible signal device of any motor vehicle, boat, engine, machine or stationary boiler of any kind while not in motion, nor shall such horn or signal device be sounded under any circumstances except as required by law, or as a danger warning, nor shall it be sounded for any unnecessary or unreasonable period of time. This section shall not be construed as for- bidding the use of a signal device on a vehicle as a warning signal during the use thereof. ---' -- ---- ~f ~+v vaaaa rams as a.ra YJ1 VCl 1V1 J--- ' No person shall use, operate or play any radio, phonograph, stereo set, tape player, television set, sound amplifier or other electronic audio device of any musical instrument which produces or reproduces sound, at an excessive or unusually loud volume level so as to disturb the peace, quiet and comfort of the neighborhood in the vicinity. gee. cc-i. LUUllSYCAtCER5 ANll llEVICES FOR ADVERTISING---No person shall use, operate or play any loudspeaker, sound amplifier or musical instru- ment which produces or reproduces sound which is cast or emitted upon the public streets and sidewalks for the purpose of commercial advertising or for attracting the attention of the public to any building, structure or place or to the activity which is being carried on thereon. Sec. 22-8. NOISY AND BOISTEROUS CONDUCT---It shall be unlawful to know- ingly and willfully cause or create excessive or unnecessary noise by engaging in boisterous, noisy and loud conduct while upon a public street, sidewalk or parkway so as to annoy or disturb the quiet, comfort or re- pose of persons in any office, store, dwelling, hotel, motel or residence within the range of hearing. Sec. 22-9. ANIMAL NOISES---It shall be unlawful to keep or maintain any animal or bird within residential zones of the Village unless the owner thereof shall provide and maintain adequate precautions and sound control techniques to eliminate any excessive, offensive or unnecessary noise. It s}rall not be a violation of this section, however, for any animal or ' bird. to give a sound of danger or warning under particular circumstances reasonably requiring the need for warning. Sec. 22-10. ENGINE EXHAUST---It shall be unlawful to discharge into the open air the exhaust of any steam engine, turbine or reciprocating internal combustion engine of any kind, whether on a motor vehicle, boat or any machine of any kind, except through a muffler or other device which will effectively prevent excessive or unnecessary loud noise. Sec. 22-11. VEHICLE DEFECT OR CONDITION OF LOAD---It shall be unlawful for any person to operate a motor propelled boat in need of repair, or defective or under any condition of load, acceleration or deceleration, as to create excessive or unnecessary loud noises. Sec. 22-12. LOADING UNLOADING AND UNPACKING---It shall be unlawful for any person engaged in loading, unloading, packing or unpacking or opening crates, boxes or containers, including the loading or unloading of any motor vehicles or truck trailers onto any truck transport to create excessive or unnecessary loud noise. Sec. 22-13. PERMISSIBLE TIME FOR CONSTRUCTION ACTIVITY---(1) It shall be unlawful for any person to do, perform or engage in any construction work, building, excavating, hoisting, grading, pile driving, pneumatic hammering, demolition, dredging, building alteration or repair work of any nature to arry building or structure or upon any site for same, in the Village be- tweerr the hours of 8:00 p.m. of one day and 8:00 a,m, of the next day if any such activity shall cause noises whose levels result in excess of the limits as stated in Section 22-20. No construction activity shall be permitted on Sundays or legal holidays. Any person desiring to engage in the aforesaid activity beyond the stated hours of limitation, based upon cases of urgent necessity or upon the interests of public health, - 4 - safety and ultimate convenience, may apply to the Village Manager or his representative for a special permit. Such permits, if granted, shall be limited to a certain period, but may be renewed for additional periods if the emergency or need therefor continues. In the issuance of such permits the Village Manager or his designated representative should weigh all facts and circumstances and should determine whether the reasons given for the urgent necessity are valid and reasonable, whether the public health, safety and ultimate convenience will be protected or better served by granting the permit requested, and whether the manner and amount of loss or inconvenience to the party in interest imposes a significant hard- , ship. Upon an affirmative finding of the foregoing considerations, the Village Manager or his designee is authorized to issue the permit re- quested and any extensions thereof, as may be required. During such periods of emergency activities and during the normal construction hours of 8:00 a.m. to 8:00 p.m., the noise levels generated by construction activities shall not exceed 75 dBA for more than 10% of the time when measured at a distance of 50 feet from the construction site. Any person aggrieved by the decision of the Village Manager or his designated representative may appeal the decision of the Village Manager to the Village Council. (2) It shall be unlawful for any person to cause or permit the use of any power driven machinery, tools or equipment in any portion of the Village zoned and designated as a residential district or section other than between the hours of 8:00 a.m. and 8:00 p.m. on weekdays and between the hours of 12:00 Noon and 6:00 p.m. on Sundays. Power mowers shall be used only between the hours of 8:00 a.m. and 8:00 p.m. weekdays, and on Sundays only between the hours of 12:00 Noon and 8:00 p.m. Sec. 22-1~4. FIXED MECHANICAL EQUIPMENT---(1) It shall be unlawful to create any excessive or unnecessary loud noise in excess of the limits of Section 22-20 by the use or operation of any fixed mechanical equipment including, but not limited to, air conditioners, compressor units, power fans or blower or the electric motor or any engine used to drive such device, and such noise shall be muffled and deadened by adequate noise ' suppression and muffling devices to eliminate annoyance and disturbance to persons within the range of hearing as set forth in this Chapter. (2) The Director of Public Services shall require compliance with all reasonable sound abatement measures and sound screening which may be necessary to prevent all existing and new fixed mechanical equipment includ- ing but not limited to air condition equipment from creating excessive, unnecessary or offensive noise. .All new air conditioning equipment here- after installed in the Village of North Palm Beach, Florida, shall carry the manufacturer's certification of the sound rating, as determined by the applicable standards of the Air Conditioning and Refrigeration Institute or the American Society of Heating, Refrigeration and Air Conditioning F,ngineers. If the sound rating value of an air conditioning unit is such that the sound level created by its operation is in conflict with the provisions of Section 22-20, adequate noise suppression and muffling devices shall be provided to reduce noise level to within the allowable limits. All pertinent information and data as to the sound ratings of such equip- ment shall be furnished to the Department of Public Services at the time the application for the building permit is made. Sec. 22-15. NOISE MEASUREMENT PROCEDURE---For the purpose of determining and classifying any noise except operating motor vehicle noise under Section 22-19 as excessive, offensive and unnecessary or as an unusually loud noise, which is hereby 'declared to be unlawful and prohibited by this Chapter, the following test measurements, requirements and provisions shall be ' applied, provided, however, a violation of this Chapter may occur without the occasion of the measurements being made as hereinafter provided if circumstances are such that a violation would be obvious to an ordinary, reasonable, prudent person. Sec. 22-16. PERIODS OF OBSERVATION---All periods of observation made - 5 - }rereunder shall be determined with regard to the character of the noise being measured, and the particular instrument used to make the measure- ment, and shall be made in accordance with the standards contained in ANSI S1.13-1971, as amended, of the American National Standards Institute. Sec. 22-17. VOLUNTARY COMPLIANCE---The Village will permit, whenever possible, those persons creating excessive and unusually loud noise to conform to the standards as provided in this Chapter through voluntary compliance within a reasonable time. Sec. 22-18. ENFORCEMENT---AUTHORITY---(1) The provisions of this Chapter involving motor vehicle noise shall be enforced by the Village of North Palm Beach Department of Public Safety. In addition, the provisions of this Chapter involving noise control occurring on the highways, streets, roads, sidewalks or pedestrian ways; or other public areas, including but not limited to parks and public recreation areas; public buildings and other public property; and any complaints of noise on private property except stationary mechanical noise sources within the Village shall be investi- gated and enforced by the Department of Public Services when necessary. (2) The provisions of this Chapter involving stationary mechanical noise source control and complaints and any authority and responsibility specifically designated to the Director of Public Services shall be in- vestigated and enforced by the Department of Public Services. The Depart- ment of Public Services shall assist the Department of Public Safety when requested to do so. Sec. 22-19. ENFORCEMENT PROCEDURE---(1) Operating Motor Vehicle Noise Enforcement. The procedure for enforcing operating motor vehicle noise standards shall be as established in Chapter 403, Florida Statutes, and applicable rules and regulations of the Department of Pollution Control with the cooperation of the Department of Highway Safety and Motor Vehicles. (2) All Other Noises. In all other cases, the procedure for enforcing the provisions of this act shall be as follows: a. The police officer or designated persons in the Department of Public Services shall investigate and determine if the level is in excess of t}~at stated in Section 22-20 or other section of this Chapter where applicable. b. If the noise level is found to be in violation of this Chapter, the police officer or designated person in the Department of Public Ser- vices shall give a warning to the person or persons responsible for the unnecessary excessive or offensive noise. c. If the unnecessary, excessive or offensive noise is not abated within a reasonable time after warning, a notice of violation by the Department of Public Services shall be issued or the person in possession or control of the cause of the unnecessary, excessive or offensive noise may be arrested by the Department of Public Safety, and charged with violating this ordinance. A reasonable time is such length of time as may fairly, properly and reasonably be allowed or required having regard to the nature of the offending, excessive or unnecessary noise and the attending circumstances. Sec. 22-20. NOISE CONTROL MEASUREMENT_STANDARDS OTHER THAN MOTOR VEHICL NOISE STANDARDS---The noise from any activity or from any permissible use of property within the meaning of the applicable Zoning District Classifications of the Village of North Palm Beach, Florida shall be ' deemed to be excessive, unnecessary, offensive and unusually loud if the total noise level as measured on the A-scale due to both ambient noise level and the alleged source of the unnecessary, offensive or excessive noise exceeds the noise levels which are herein prescribed, the measure- . rnent of which is based upon decibels, i.e. 0.0002 microbar, and day con- ditions referring to the time between 7:00 a.m. and 7:00 p.m. and night - 6 - conditions referring to the time between 7:00 p.m. and 7:00 a.m. All sv.ch measurements as well as the method employed shall be consistent with the regulations of the American National Standards Institute or its successor bodies and shall represent the A-weighted sound pressure level which is exceeded 50 percent of the time (L50) during the observation period as described in Section 22-2 (1) of this Chapter. 1 (1) At no point on the boundary of or within a residential area zoned R-1, R-2 or R-3, according to the Zoning Code of the Village of North Yalm Beach and official zoning map of the Village and as a result of any noise source outside of the property in question may the following sound pressure levels be exceeded: Day: SS dBA Night: 50 dBA (2) At no point on the boundary of or within the area zoned C-1, C-2, C-A or C-lA, according to the Zoning Code of the Village and Official 7,oning map of the Village may the following sound pressure levels be exceeded as a result of any noise source outside the property in question: Day: 60 dBA Night: 60 dBA [1 Sec. 22-21. OPERATING MOTOR VEHICLE NOISE---(1) Definitions. The following words and phrases when used in this section shall have the meanings respectively assigned to them in this subsection, except where the context otherwise requires: a. "dBA" means the composite abbreviation for A-weighted sound level, and the unit of sound level, the decibel. b. "Gross combination weight rating" or "GCWR" means the value specified by the manufacturer as the loaded weight of a combination vehicle. c. "Gross vehicle weight rating" or "GVWR" means the value specified by the manufacturer as the loaded weight of a single vehicle. d. "Sound level" means the A-weighted sound pressure level measured with last response using an instrument complying with the specification for sound level meters. of the American National Standards Institute, Inc., or its successor bodies, except that only A-weighting and fast dynamic response need be provided. e. "Department" means the Department of Highway Safety and Motor Vehicles. (2) Operating Noise Limits. No person shall operate or be permitted to operate a vehicle at any time or under any condition of roadway grade, load, acceleration or deceleration in such a manner as to generate a sound level in excess of the following limit for the category of motor vehicle and applicable speed limit of a distance of fifty (50) feet from the center of the lane of travel under measurement procedures established under sub- section (3) . a. For motorcycles other than motor-driven cycles: Sound Level Limit Speed Limit Speed Limit 35 mph or less over 35 mph Before January 1, 1979 82 dBA 86 dBA On or after January 1, 1979 78 dBA 82 dBA b. For any motor vehicle with a GVWR or GCWR of 10,000 pounds or more: Sound Level Limit Speed Limit Speed Limit 35 mph or less over 35 mph On or after January 1, 1975 86 dBA 90dBA - 7 - c. For motor-driven cycles and any other motor vehicle not included i_n paragraphs (1) or (2) Sound Level Limit Speed Limit Speed Limit 35 mph or less over 35 mph f', Before January 1, 1979 79 dBA (3) Measurement Procedures. The measurement procedures for determining compliance with this section shall be established by regulation of the Department of Pollution Control as provided in Section 403.414(7) in cooperation with the Department. Stich regulations shall include the selection of measurement sites and measurement procedures and shall take into consideration accepted scientific and professional methods for the measurement of vehicular sound levels. The measurement procedures may include adjustment factors to be applied to the noise limit for measure- ment distances of other than fifty (50) feet from the center of the lane of travel. On or after January 1, 1979 (4) Applicability. This section applies to the total noise from a vehicle and shall not be construed as limiting or precluding the enforce- ment of any other provisions of this chapter relating to motor vehicle mufflers for noise control. 76 dBA 70 dBA 82 dBA (5) Noise Abatement Equipment Modifications. ~ I i~ 1 a. No person shall modify the exhaust system of a motor vehicle or any other noise abatement device of a motor vehicle operated or to be operated upon the highways of the Village of North Palm Beach in a manner that the noise emitted by the motor vehicle is above that emitted by the vehicle as originally manufactured. b. No person shall operate a motor vehicle upon the highways with an exhaust system or noise abatement device so modified. (6) Exempt Vehicles. The following are exempt from the operation of this Chapter: a. Emergency vehicles operating as specified in Section 316.051 (5) (a) . b. Any motor vehicle engaged in a professional or amateur sanctioned competitive sports event for which admission or entry fee is charged or practice or time trials for such event. c. Any motor vehicles engaged in a manufacturer's engineering, design or equipment test. d. Construction or agricultural equipment either on job site or traveling on highways. The provisions of this Chapter shall not apply to any motor vehicle which is not required to be licensed under the provisions of Chapter 320, Florida Statutes. Sec. 22-22. SPECIAL PERMITS EXCEPTED---The operational performance standards established by this Chapter except for operating motor vehicle noise shall not apply to any public performance being conducted in accordance with the provisions of a special permit granted by the Village for the conduction of a public performance nor to any emergency work as defined by Section 22-2 (6) . - 8 - Sec. 22-23. EXEMPTIONS---The following are exempt from the operation of this Chapter except the operating motor vehicles under Section 22-21 which specifically exempts certain vehicles: (1) All public parks, schools, playgrounds, and recreation areas specifically designated for such activity in performance of that activity. (2) All equipment tests required by law. (3) All procedures or processes required by law, and (4) All accidental soundings of equipment or mechanical failure of equipment making noise prohibited in this Chapter. Sec. 22-24. PENALTY---Any person, firm or corporation convicted in municipal court or other court of competent jurisdiction of a violation of this ordinance shall be guilty of a misdemeanor punishable by a fine of not more than five hundred ($500) dollars and shall pay all costs and expenses involved in the case. Each day said violation continues shall be considered a separate offense, Section 2. Sections 11-45, 23-11 and 24-51 through 24-55, both inclusive, of the Village of North Palm Beach Code are hereby repealed. Section 3. All ordinances or parts of ordinances in conflict herecaith be and the same are hereby repealed. Section 4. Should any section or provisions of this ordinance or any portion thereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not ' affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 5. This Ordinance shall take effect immediately upon passage. PLACF,D ON FIRST READING THIS 8 DAY OF MAY, 1975. PLACED ON SECOND, FINAL READING AND PASSED THIS 12 DAY OF JUNE, 1975. /s/ M. C. Love, Jr. MAYOR ATTIi ST ' /s/ Dolores R. Walker Village Clerk - 9 -