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ORDINANCE NO. 2002-0-04
AN ORDINANCE OF THE CITY OF EDGEWATER,
FLORIDA; REPEALING ARTICLE II (NOISE) OF CHAPTER
10 (HEALTH AND SANITATION) IN ITS ENTIRETY
ADOPTING A NEW ARTICLE II (NOISE), PROVIDING FOR
CONFLICTING PROVISIONS, SEVERABILITY AND
APPLICABILITY; PROVIDING FORAN EFFECTIVE DATE,
ADOPTION AND CODIFICATION.
WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
determinations:
WHEREAS, Article II (Noise) of Chapter 10 (Health and Sanitation) of the Code of
Ordinances was originally enacted on April 1, 1974; and
WHEREAS, in order to update the Code of Ordinances with respect to Noise, the City
desires to adopt this ordinance (#2002-0-04) to enact anew Article II (Noise) of Chapter 10 (Health
and Sanitation).
NOW, THEREFORE, BE IT ENACTED by the City Council of the City of
Edgewater, Florida:
PART A.
REPEAL OF ARTICLE II (NOISE) OF CHAPTER 10
(HEALTH AND SANITATION) OF THE CODE OF
ORDINANCES, CITY OF EDGEW A TER, FLORIDA.
Article II (Noise) of Chapter 10 (Health and Sanitation) of the Code of Ordinances is hereby
repealed in its entirety and the following Article II (Noise) is hereby adopted:
CIIAPTER 16 (lIealtb and Sanitation)
ARTICLE II. NOISE
See. 16-26. Def.nitions.
for the pm pose of this at1ide, the follo\'Ving terms shall have the respective meanings ascribed to
thenr.
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"A" band Ie reI. The total sound level of all noise as measured l;'Vith a sound level meter using the
"A" l;'Veighing netl;'Vork. The unit ofmeastlIement is the dD(A).
Daytime. Prom 7.00 a.m. to 11.00 p.m.
Decibef. A unit of level equal to ten (10) times the 10gMithm (base 10) of the rertio of any tl;'VO (2)
qUMrtities proportional to pOl;'Ver.
Eme! gellcy W01 k. VI ork made necessal)i to protect persons or property from cxpostl1e to danger.
Nighttime. Prom 11.00 p.m. to 7.00 a.m.
}v'oi;5e fereI. The sound prESStlIe level as measme-d in dD(A) by a sound level meter.
1ne! son. As defined in section 1-2, to inelude any entity, public or pri v ate in nature.
Sound Ie ref mete!. An inst1tlmerrt ineluding a microphonc, an anlplifier, an output metcr, and
fIe-quelle, I;'Vcighing netl;'Vorks for the measmement of noise Mld sound levels in a specified manner.
SOUlld pI e.5.5 U7 e Ie '(JeI. In decibels, sotllld is t l;'Vent) (20) times the 10gMithm to the base ten (10) of
the ratio ofthc pressme of this sound to the reference presstl1e, I;'Vhich reference presstlIe must be
explicitly stated.
Technical defillitioll.5. Arc in accordance l;'Vith American StandMd S 1. 1-1960 entitled "Aceoustical
Terminolog)' ".
Time. Thc then ctlIrent legal time in the city.
Sec. 16-21. Legi~latne finding~, dedaution of nece~~ity.
It is found and deelMed that.
(1) The making and creation of cX'Cessi ve, urmcceSSM)i or d11tlsually loud noises l;'Vithin the city
is a condition I;'Vhieh has cxisted fOl some timc and the amourrt and intensity of stich noises
.. .
IS increasing,
(2) The making, er cation or maintenance of such cxeessi v e, unnecessMJ, tlllnatm al or tlllusuallY
loud noises I;'Vhich Me prolonged, untlsual and unnattlIal ill thcir time, place and tise affect
and Me a dettiment to the public health, comfort, con vc'nicnce, safct)i, l;'VelfMe and prosperity
of the residents of the city, and
(J) The necessity in the public interest for the provisions Mld prohibitiom; hereinafter contained
and enacted is deelMed as a nlatter of legislative determinertion and public policy, and it is
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furthGI deelated that the provisions and prohibitions hercinafter contained and enacted ate
in putsuance of and for the ptl1pose of securing and pronloting the public health, comfort,
convenience, safet), ~elfate and prosperit) and the peace atld quiet of the cit) atld its
inhabitants.
See. 18-22.
Genet al pIohibition.
It shall bc unla\1\'ful, except as expressly permitted hercin, to makc, cause, or allo~ the
making of any noise or sound ~hieh exceeds the limits set forth in this at1iele.
See. 18-23. Use classification, pI ojectillg noise.
(a) Cla~.5ificatioll. Por put poses of defining the "use occupancy", all premises containing
habitually occupied sleeping quat1ers shall be considered in residential use. All premises
containing busine,sses ~hCIe sa1cs, professional, or other commercial use is legally permitted
shall be considered commercial use. All premises ~hcre manufacttl1ing is legally permitted
shall be, consider cd marntfacttning use. In ease,s of nrnltipk use" the, more restricti ve use
category shall prevail. Hospitals, schools atld chuteh ateas ate considered residential. Any
atea not other ~ise classified shall conform to commercial standatds.
(b) 210jectio1l of 110 i.5 e. Sound or noise projecting from one use occupancy into another use
occupancy ~ith a different noise levcl shall exceed neither the limits of the use occupancy
into ~hich the noise, is projected nor tile noise, limits of the, use occupancy from ~hieh the
noise, originate,s.
See. 18-24. I\-Ieasu. ement of noise.
(a) The measurement of sound or noise shall be nlade ~ith a soutld level met"r meeting the
statldatd prescribed by the American National Standards Institute, S 1.4 AmeIiean National
Standards Spe,cifications for Sound Level Metcn. The instruments shall be maintained in
calibration and good ~orking order. A calibration ehe,ck shall be made ohile sy stem at the
time of any noise, me,asute,ment. Measutements recorded shall be taken 50 as to provide a
proper representation of the noise soutce. The miGIophone duting measutement shall be
positioned 50 as not to GrGate, all)i tl11l1attlIal Gnhancemart or diminution of the me,ClStl1cd
noise. A ~ind5cree,n for the microphone shall be used at all timGs.
(b) The slo~ mGter respo!Uie oHhe sound level meter shall be uscd in order to best determine
the average amplitude.
(c) The measute,meIrt shall be made at at1) point 011 the property into ~hich the, noise is being
transmitte,d and shall be made at least three (3) feet a~ay from at1) ground, ~all, floor,
cciling, roof and other plane sutfaces.
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(d) In case of multiple occupancy of a propeli)', the 11leastl1ement may be made at any point
inside the pr emises to which any complainant hM right onegal pr i v ate occupancy, pr 0 v ided,
that the meMmement shall not be made within three (3) feet of any ground, wall, floor,
ceiling, roof or other plane stl1faec.
(~) All noise meMtl1ements provided for in this article will be made by designated officials of
the city who arc qualificd to operate the apparatus uscd to make thc meastl1ements as
provided for in this article.
Sec. 10-25.
Noise l~elliInits - 6eneulry.
(a) Table J. Table I specifies noise level limits in dD(A) which if e,xcccded will havc a high
probability ofproducing pc.rmanent hearing 1055 in anyone in thc are,a where, the, noise kvds
are, being e,xee,e,de,d. No noise, shall be, pc.rmitted within the, city which e,xce,eds ill dmation
or noise level that as state,d in Table I M follows.
T ABLE I
PERMISSIBLE NOISE EXPOSURES'"
DUl ation pel day,
continuous hOUI s
Noise l~ el
DB (A)
8-............................................................................................................................. .......................-96
6-............................................................................................................................. .......................-92-
4-................................................................................................................................................... .-95
3-............................................................................................................................. .......................-97
2-.................................................................................................................................................. -tOO
HfZ-.......................................................................................................................................... .--te2-
t-............................................................................................................................. .....................-1-B5
7'T-............................................................................................................................. ....................-ttB
1/4 or less ...................................................................................................................................-tt5
.. When the dail) IIoise exp"sule is eomp03ed ofnvo (2) 01 mOle peIiods ofn"ise expostllc at
diffGIGnt Ie.Gis, thdl eombinc.d effect should be eOhsidcled, llrthel than the indi v idual effect of each.
If the sum "fthe foll"vving nactions.
C L'Tl I C 2/T2 . . . . Cn/Tn exceeds unity, then, the mixed e,xpOSllie should be considGed
to excee,d the nois,- levcl limit value. Cn indicates the total time of expostl1e at a specified
noise kvd, and Tn indicates the total time of expost1Ie permitted at that kvd.
If the device producing the noise whose noise levds arc ill excess ofTabk I Call11ot be toned
dOWll 50 that the noise, levds arc kss than those in Tabk I, then prote,e,tiotlshall be, pro v ided
for those in the are,a of the noise. The protection must reduce the noise kvd to below tbc
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limits ofTabk I and must not, itsdf, produce a safery haLMd. Procedures mtIst exist which
guauntGe that the people in the atea of the noise will tIse protection.
.
Table IL Tabk II spcdfics noise, kvds which repre.swt limits which if cxcccdGd interfere
with the peace, quiet, and general welfate of the dry and its inhabitants. No noise shall be
permitted within the city which exceeds the noise levcl limits of Table II, except as expressly
authorized by this article.
TABLE II
MAXIMUM ALLOVI ABLE NOISE LEVEL LIMITS
IN dB(A) FOR RESIDENTIAL, COMMERCIAL
AND MANUFACTURING occur ANCIES.
These levcls may not be exceeded for mOle than J nnnulati ve minutes out of any continuous GO
minute period.
Di~hkt
Day
Night
Residential
Commercial
Manufaetur ing
61
66
71
55
GO
G5
Sec. 18-26. Same - Endo~ed place~ of public entel tainment.
It shall be unlat'\'ful to sustain in any enclosed place of entertainment to which the public is
invited, including, but not limited to, a restCttlrant, bat, eaft, discoteque, or dance hall, any noise
levcl equal to or in eXCGSS of the standatdslisted in Table 1.
Sec. 18-27. Same - 1\IOtOl "ehides.
It shall be unlawful to operate a motor vehicle, or combination of vehicles towed by such
motOl vehicle which creates a noise or sound which exceeds the noise kvcl limits in Table II except
Wh''!l said vGhieles atG traveling on public streets, high way s, dri vGl'Vay 5, pat king lot5, and way 5 open
to vehicle travel. It shall be unlawful to operate a motor vehiele in StIch mamler as to exceed the
noise level limits ofTabk III I'Vhen the v chick is operating on public streets, highl'Vays, drivGl'Vays,
parking lots, and l'Va,s open to vehicle have!. Normal operation includes normal acecleration,
deceleration and operatiO!l at maximum normalspced5 in all gears and ranges up to the speed limits
currently effective on those 5tl"tS of the ciry over which the vehicle5 maJ be operated.
TABLE III
NOISE LEVEL LIMITS
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FOR MOTOR "lEIIICLES'"
(a) TI ticks alld btiJeJ.
85dD(A) measUlcd 50 feet from the sotl1ec
(b) 2assengel calJ, mot01 cycleJ and offlel moiO! l1ehicfes.
79 dD(A) meastl1ed at 50 feet from the sotl1ee.
>Ie TI,,, 1I1ea!.u!em",..t~" mad" <\~ the vehl"k d:.~v"!' pa"l. }[fl,,, !eadino~" dbvve that I~"t"d ~11 (<\)
01 (b) ofTltble III at ImJtime, the . chicle i~ in . iolation ofthi~ m:tidc All di~t!mce~ ~hall be mea~tl1 cd
[Ion, the ccntcI of the .ehick on the cent'l of the dIiving lime on ~hich the ve,hide i~ being dti.en.
Set. 18-27.1. Re~ened.
Ed~lul '" ,Iole - fu,,,ua'lt to the f"d",<\1 RaiI.vad Ad1n~l1~"b.alion'" v,de! i110 tl,,, flolida IMt
Coa~t Rail~ay CompM1) to Ie,~tlme ~otlnding it~ hom~ and bell~ dttling the, nighttime, hot1I~ at all
public Glo~~ing~, Old. No. 91 0 8, ~2, lepcakd ~ Hl 27.1, ..hich plohibited the ~otlnding oflaihoad
tlam hom~ and ..hi~tk~ ben.cell 10.0f) p.m. and 6.f)f) a.m. Ilt all ptlblic Glo~~mg~ Md deli. cd flom
Old. No. 89 0 36, ~ I, adopted No.. 20, 1989.
Sec. 18-28.
Sanle - Exemptions.
The follot'Ving uses and activities shall be exempt from noise level regulations except as
listed in Table 1.
(1) Ail conditioners and lat'Vn mot'Vers Me exempt from provisions of Table II t'Vhen this
equipment is functioning in accord t'Vith the manufacturers specifications and t'Vith all
mallufaetmers muffkls and 110ise reducing equipment in use and in proper opGIating
condition.
(2) Nonamplified erot'Vd noises resulting from the activities such as those planned by student,
govermnentalor eommuniry groups.
(3) Construction ope-rations for t'Vhieh building permits have been issue-d, or eonstmction
opGations not requiring permits due to ot'Vnership of the project by an agenGJ of
gOveIll1llent, providing such e-quipment is opcrMcd in accord t'Vith the manufacttl1crs
specifications and t'Vith all maIftlfaettners mufflers and noise r~ducing equipment in use and
in proper ope-rating condition.
(4) Noises of s.rlCry signals, t'VaIning devices, aIld emerge-n9 presstl1e- relid valves.
(5) Noises re-sulting from any authorizcd e-mergenq vehicle- t'Vhell responding to an emergency
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call 01 acting in timc of onergency.
(G) Noises Iesulting fIom emGIgmcy ~Olk as defined in section 10-20.
(7) An, other noise resulting from acti v ities of a temporary dmation PGllnitted by la~ and fOI
~hieh a liccnsc 01 permit theIefoI has been granted by the ciry in accordancc ~ith scction
10-29. Regulation of noises onanating flom operations under pGrmit shall be aceOlding to
the conditions and limits stated on the permit and contained in scction 10-39.
(8) Noises made by pers'Ons having 'Obtained a p{,rmit to use the streets ale Gxempt fr'Orn Table
If:
(9) Airy aircraft: opeIated in conformity ~ith, or pmsuant to, fcderalla~, fcdGlal airlegulmiom;,
and air traffic contl'Ol instruction used pmsuant to and ~ithin thG duly adoptcd fedcral air
rGgulati'Ons shall be excmpt from thG provisi'Ons 'Of sGe,ti'Ons 10-23 tIllough 10-27 as ~cll as
'Othcr lq~ulations of this article. Airy aircraft: operming tmdcr technical difficultiGS in any
kind 'Of distrGss, undGr Gmogc:ncy oIdGrs of air traffic conttol 'Or bcing operatcd pursuant t'O
and subsGquent t'O thG declaration of any emGrgGncy tl1ldGI federal air rGgulati'Ons arG also
GXGmpt.
(10) All noisGs coming from the normal opermions of railroad trains arc cXGmpt from Table II.
Sec. 10-29.
Special pel mit~.
Applications for a pomit for rclicf fr'Om thG maximum allo~able noisc kvcl limits
dcsignated in this articlc Gxe,Gpt from Table I may bG madc in ~riting to tI1G city council. Any pornit
grarned b, tIlG city council hGrGundGr must bG in ~riting arId shall contain all conditi'Ons upon ~hieh
said PGrmit shall be effectivG. The city council nut)' grant the rclief as applied for undo thc
follo~ing c'Onditions.
(1) Gene! ally. ThG city council may prGscribG any rGasonable conditions or
requirClllGnts it deems nceGSsary to minimize adversG effccts upon the Gommunity
01 the smrounding neighborhood, including usc of mufflers, SGlcens or other sound
attGllmrting de v iCGs.
(2) Pe//llit3 fOI entel tailllllent. Permits may bc glanted feI thc pur posc 'Of
cntcrtain.mGnt tmdcr the follo~ing eonditi'Ons.
(a) The functi'On must be open to the public (admissi'On may be Gharged).
(b) The funeti'On must take place, on publiG pr'Operty.
(c) The permit ~ill be givGn fOl only fOUl (4) horns in one t~eln,-foU1 (24) hom
day:
(d) The function must be, staged bet~cen the homs 'Of 9.00 a.m. and 12.00
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midnight.
(J) Ot/lel. Special permits ror nonentcrtainment special pmposes may be issued under
the rollo~ing conditions.
(a) (i) If the special purpose relates to the operation of a trade or business,
that the special pm pose not be in the ordinary comse ofthat trade or
business.
(ii) If the special purpose docs not relette to the operation of a trade or
business, that the special pmpose not be an ordinary event in the
affairs of the applicant, and,
(b) If the special pmpose be a rcemring pmposc, that it not reem more often than
rom (4) times each ealendM y eM, and,
(e) (i) That the special pmpose be absolutely 11eCeSSM) to the operation of
the applicant's trade or business, or,
(ii) If the special pmpose docs not relate to the operation of a tude or
business, that the special pmpose be compatible ~ith the ordinary
acti v itics of the ncighborhood in ~ hieh the special pur pose is to
oeeur, and,
(d) Except in emergGncy situations, as determined by the city e,ouncil, the special
permit may be issued only for homs bet~een 7.00 a.m. and 11.00 p.m. on
~eek days, and,
(c) Special permits may be issued for no longei than one ~eek, rene~able by
:further application to the city council.
(4) No pGrmit may be is~;ued to permit the, use of any loudspeaker or sound de v ice on the
exterior of.my building ~hieh at arry time exceeds the noise level limits in Table II
exeept those used for emergenG:y ~Mnings.
See. 10-30. Noises," bieh might not othel "ise be in ~iolation - Enamel ation.
(a) Some sounds may be such that they Me not measurable by the sound pressure level mcter
or may 110t excecd the limits of Table I, II, or III, but they may be exeessi ve, unnatural,
plolonged, unusual and Me a detliment to the public health, eomfort, convenience, safety,
~elfMe and prosperity o[the residents of the dry.
(b) Noises prohibited by this section ate unlawful11ot~ithstanding the fact that no violation of
seetions 10-23 through 10-29 is involved, and not~ithstandi11g the fact that the activity
complained abom is exempted in sectio1110-28.
(c) Thus, thc follo~ing acts, among others, Me deelMed to be loud, distmbing and unnecessary
noises in violation of this Mi:ide, but said enumeration shall not be deemed to be exelusi ve.
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(1) The sounding of any horn 01 signaling device on any automobile 01 othel vehicle,
except as a dangel ~allling, the cleation b, means of.my signaling device of any
tmteasonabl, loud 01 harsh sonnd, the sotmding of.my signaling device fOl any
tm1leeessat) and tmteasonabk p~liod of time, atId the umeasonahle use of any
signaling de v ice.
(2) The using, opelating, 01 pelmitting to be pla'Yed, used or opelated any ladio,
television, tape 01 leeold playCI, amplifiel, musie,al insttmnent, 01 othel machine 01
device used f()1 the, ploduetion, leploduction 01 e,mission of sound, any plolonged
50tlIlds made by people, and the keeping of any animal 01 bild, ~hich by causing
ftequent 01 long continuous noise in such matIDCI as to distmb the public peach,
quiet atld comfurt of the neighboring inhabitants 01 at any time ~ith gleatel intensity
thatl is necessary fol convenient healing fm the pelson or pCIsons who ate in the
loom, vehicle, or ehambel in which such sotlIId emittel is opelated and who arc
voluntary listenels theleto. Quietel standards ate expected dming nighttime hOllIs.
Sec. 10-31. Same - Filing eOlnplaint.
Any peHon making a complaint undel section 10-30 shall be lequilcd to sign a swom
complaint eithel pliol to 01 immediatel, aftel an arlest is made, othG wise no such complaint will
be honol cd.
See. 10-32. Violations - 'Nalning, notiee, punishment, confiscation of equipment.
(a) Those violating noise limits set f()rth in this article shall filSt be issued an offieial wa1ning
advising them Oftheil violation of the plovisions of this artiele and they shall be given one
opportunity to compl,.
(b) V/hen a device pIoduces noise levels in excess of those sho~n in Table I, th~ ciry council
shall immediatel, notif)' the opelatol of such dev ice that it is a health hazard and shall havc
powel atld authority to have the device toned do~n 01 lemoved until it Catl be toncd down
01 eliminated.
(c) An, pCIson violating any of the provisions of this atiicle aftel having not complied t'vith an
official watning shall upon conviction thcleof be subject to ptlIlishment as designated in
section 1-8. Each day such v iolation is committed 01 pelmitted to continue shall constitute
a sepal ate offensc atld shall be punishable as such hCIcundeI.
(d) The own"l of pIopel't)i, a tenant, a lessee, a managel, an OvCIseel, atl agent 01 any othel
pelson entitled t() lawfully possess such plopel't)i at the pattie,ular time involved shall each
be lesponsible f()I compliance ~ith this artide and each may be punished ful violation of this
artide. It shall not be a lawful defense to asselt that some othel pelson caused such noise,
but the lawful posseSSOI of the plemises shall be lesponsible fOl opelating 01 maintaining
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stlGh prGmisGs in compliancG ~ith this atticle and shall bc pnnished ~hether or not the
person actually Gausing such noise is also pnnished.
(c) Upon conviction of being in violation of this at1iele tillee (J) times for thc satne offense
~ithin a t~ehe (12) month period, ~henstlGh noise is created by the same notiGe emitter 01
same t)pe of noise emitter, the noise Greating eqtlipment shall be Gonfiseated by the court
follo~ing stleh later COllv ictiol1 until such time as the offender can prove to the eity council
that he is prepated to, atld, in fact, ~ill operate said equipment ~ithin the limits of this
attiek. fmther v iolation shaH restllt in tile permanent confisGation by the eom1 upon SUGh
con v ietion.
Sec. 10-33.
Same - Injunction.
The operation or maintenance of atlY dCviee, inst1tlment, vehicle or maGhinery in violatioll
of any provisioll hereof endangers the eomf01t, repose, health and peace ofresidents in the area and
is deelared to be a public nuisance and may be subject to abatement snmmatily by a resttaining order
or injnnGtion issued by a comt of competc,nt j misdictioll.
Sec. 10-34.
Explanation of table~, ~ymbols, calculations, meaSUl ements, etc.
The dD(A) scale is a logatithmie scale. This means that if the anlOmrt of noise is doubled,
then thele has been atl inelease of6 dD(A), ifthCle is fom (4) times as much noise, then tilCle has
been a 12 dD(A) inGreasc', c,tc. Thtls, if a noise ~as incleased fiom forty -fi ve (45) dD(A) to ninety
(90) dD(A), the intensity has not dOtlbled btlt has increased a thotlsatldfold.
Zelo dD(A) represents the faintest sonnd ~hieh a human can dc,tc'Gt, ~hile one hUl1drc'd forty
(140) dD(A) leprc'sents the maximnnll10ise level that the humatl Cat can tolerate. That is, any noise,
no matter of ~hat dmation, ~hieh is one hundred forry (140) dD(A) ~ill cause some pernlatlent
impairment to heating. IIo~ever, the same type of heating damage can oeem if one is repeatedly
exposed to ninety (90) dD(A) for eight (8) homs ada,. In other ~ords, it is both the intc'nsiry of the
noise and the length of exposme time that is el udaL ThClcfore, ~e Gan tolerate a vCl) intense noise
for a short pCliod oftime atld a less intc'nse noise for a longer period oftime. Table I of this midc'
sho~s the lengtil of time at vatiotls noise levels that the fc'deral gOvemnlent has deelated to be
hatmful if one is repeatedl, exposed. If one is exposed to one or a combination ofthese levels fOl
the time sho~n or fur a longer period oftime, then he rnns the risk of in em ring permanent heating
loss:-
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The footnote to Table I dGsGribes thG method by ~hic,h sGvoal sepatatG GxposmGS to
diffGrent somld levels dming a day Me to be ttGated in determining ~hether or not the combincd
exposmG is ~ithin permissible limits.
As an illusttation, assume that an employee ~OIks six (6) horns of an eight (8) hom day in
all Mea in ~hieh the somld level is ninety (90) dD(A) but one and trnee-quarters (1 3/4) homs in
each day he is in an MGa of one htmdred (100) dD(A), a1ld for fifteGn (15) minutes each day he is
in an Mea of one htmd1ed five (105) dD(A). This adds up to six (6) hOUlS at ninety (90) dD(A).
permissible limits.
As Ml illustration, assmnG that an emploYGe ~olks six (6) homs of a1l eight (8) hotll day in
an Mea in ~hich the somId level is ninGty (90) dD(A) but one MId three-quarters (1 3/4) hurns in
each day he is in an Mea of one hundred (100) dD(A), and for fifteen (15) minutes each day he is
in Ml arGa of one hundred five (105) dD(A). This adds up to six (6) homs at ninety (90) dD(A).
PGInlissible dtllation of expostlle, eight (8) horns, one and tmec-quMler (13/4) homs at one hundred
(100) dD(A). permissible Gxposme, t~o (2) horns, a1ld one-quarter hoUl at one hundred fivc (105)
dD(A). permissible GxposmG, on houl. Tabulating it, ~e have.
Actual time
Pel missible Time
flonl Table I
The I atio of
actual time to
pel missible time
dD(A)
(Table I)
C
(homs)
T
(hOUlS)
Cn/Tn
90
100
105
G
1 ~~
,/~
8
2
1
6/8
1 )~ / 2 %
,/~ / 1 - 2/8
TOTAL. - G/8 I 7/8 I
2/8 - 15/8 - 1.87
rutting these values into a1l equation, ~e get. 6/8 I 1.75/2 I 0.25/1 - 6/8 I 7/8 I 2/8 - 15/8
- 1.87 (this is greater than one). Since this total excecds unity (1), the daily Gxpusrne is above the
permissible limit, even thuugh the total Gxposme at each somld level is belo~ the permissible
dUlation for that level.
Table II describes levels for c~rtain Meas in the ciry a1ld fOI night a1ld day. ThGse limits, if
exceeded, ~ould produce annOYM1CG ~ithin the neighborhood. Table III sets limits for motor
vehicles. VehidGs MG the most signifiecmt: noise makers a1ld their intGnsity ~Mrcmt:s a special table.
The intensiry of a noise is rTI(~asmcd ~ith a sound pressure level meter ~hich registers the
intensity of the noise in dD(A). The meter is read by noting the deflection of a needle. Since the
ncedle fluctuates it takes time to obtain a reliable meastlle. Thus, accolding to this Mtide, the noisc
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level nltlst be meMt11cd for tinee (3) etlmtllative minutes in an hOt11.
The sotmd presstlle level nleter is an aeet11atc ~ay to meaStlle noise intensity. It is an
objective meastlling, tool, and thtls its tlse avoids thc subjective estim.:rtes and a1g,tlnlents Pleviotlsly
tlsed in noise ordinances.
PART B.
ENACTMENT OF THE NEW ARTICLE II (NOISE) OF
CHAPTER 10 (HEALTH AND SANITATION) OF THE CODE
OF ORDINANCES, CITY OF EDGEW A TER, FLORIDA.
Article II (Noise) of Chapter 10 (Health and Sanitation) of the Code of Ordinances was previously
hereby repealed in its entirety and the following new Article II (Noise) is hereby adopted:
CHAPTER 10 (Health and Sanitation)
ARTICLE II. NOISE
Sec. 10-20. Definitions.
Ambient noise - all encompassing noise associated with a given environment, usually being a
composite of sounds from many sources.
Cultural event - any event drawing a large attendance for enlightenment or recreation purposes
which in the sole determination of the City CounciL has or is likely to become a community event
integrated into accepted social practices or traditions. (Does not include recurring events such as
Bike Week and Biketoberfest.)
Decibel - a unit in which the levels of various acoustical quantities (sound) are expressed.
Emergencv - any occurrence or set of circumstances involving actual or immanent physical trauma
or property damage which demands immediate action.
Emergencv work - any work performed for the purpose of preventing or alleviating the phvsical
trauma or property damage threatened or caused by an emergencv.
Noise - any excessive sound which annoys or disturbs humans or causes or tends to cause an adverse
psychological or physiological effect on humans. The term is synonymous with sound.
Noise nuisance - continuous or repeated sound that interferes with the rights of others bv causing
damage. annoyance or inconvenience with noise that exceeds the limits set forth in Table I.
Noise sensitive zone - An area which contains a hospitaL nursing home. schooL court or other
designated facility. Noise sensitive zones are those zones created by the City Council upon a finding
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that the subject area contains a land use which is sensitive to or subject to adverse reactions from
nOise.
Person - anv individual. association. partnership or corporation. and includes any officer. employee.
department. agency or instrumentality of the United States. State of Florida or any political
subdivision thereof.
Plainlv audible - any sound that can be clearly heard by unimpaired auditory senses based on a
direct line of sight of 50 feet or more. however words or phrases need not be discemable and said
sound shall include bass reverberation.
Realvroverty line - the property boundary that corresponds with the lot line and runs along the
ground surface. and its vertical plane extension. which separates the real property owned. rented or
leased by one person from that owned. rented or leased by another person. excluding intrabuilding
real property divisions.
Sound - an oscillation in pressure. stress. particle displacement. particle velocity or other physical
parameter. in a medium with internal forces. The description of sound may include any characteristic
of such sound. including duration. intensity and frequency that is considered to be continuous.
repeated noise. This term is synonymous with noise.
Sound level- the weighted sound pressure level obtained by the use of a metering characteristic and
weighting scale as specified by ANSI standards. if the weighting employed is not indicated. the A-
weighting shall apply.
Sound level meter - an instrument used to measure sound pressure levels when properly calibrated
and is of Type 2 or better as specified by ANSI standards.
Sec. 10-21. Policy.
It shall be unlawful. except as expressly permitted herein. to cause a noise nuisance or to
make. cause or allow the making of any noise or sound which exceeds the sound level limits (dB A)
set forth in this Article. Noise emanating from the subject property after the owner has or should
have knowledge of the noise nuisance condition shall be deemed to continue with the permission
of the property owner.
Sec. 10-22. General restrictions.
Uti No person shall operate or cause to be operated any source of sound from any subiect parcel
in such a manner as to create a noise nuisance or sound level which exceeds the limits set
forth for the use occupancy in Table 1. when measured at the property boundary of the
subject property from which the sound emanates.
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@ Sound or noise emanating from one use occupancy category into another use occupancy
category with a different noise level limit shall not exceed the limits of the use occupancy
category into which the noise is projected.
TABLE 1
Noise Restrictions
Use Occunancv Catel:!:Orv Time Sound Level Limit (dBA)
Residential 8:00 AM - 9:00 PM 60
9:00 PM - 8:00 AM 50
Commercial 7:00 AM - 10:00 PM 65
10:00 PM - 7:00 AM 60
Manufacturing All times 75
Noise Sensitive Zone All times 50
Sec. 10-23.
Specific noises prohibited.
In addition to the maximum permissible sound level limits set out in Table 1, and unless otherwise
exempted by this article or by act of the City. the following specific acts. or the causing or
permitting thereof. are hereby declared to be in violation ofthis article:
ill Horns. signaling devices. and other similar devices - the sounding of any horn or signaling
device on any automobile or other vehicle. except as a danger warning: the sounding of any
signaling device for any unnecessary or unreasonable period ohime as determined by a law
enforcement or code compliance officer: and the unreasonable use of any signaling device.
Noises of safety signals. warning devices. emergency pressure relief valves and bells and
chimes of churches are exempt as are train horns. in approach of a crossing or as notification
of an emergency situation as well as noises resulting from any authorized emergency vehicle
when responding to an emergency call or acting in time of emergency.
ill Loudspeakers. public address systems - Use or operation of any loudspeaker. public address
system or similar device such that the sound there creates a noise disturbance within a noise
sensitive zone or any other use occupancy in accordance with Table 1.
ill The intentional or repeated creation of a noise disturbance through the acceleration. turning
or stopping of any motor vehicle.
ill Animals - Owning. possessing or harboring any animal which. frequently or for continued
duration. howls. barks. meows. squawks or makes other sounds which create excessive and
unnecessary noise across a residential or commercial real property line or within a noise
sensitive zone. For the purposes of this ordinance. "barking dog" is defined as a dog that
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barks. bays. cries. howls or makes any other noise continuously and/or incessantly for a
period of ten (10) minutes or barks intermittently for one half hour or more to the
disturbance of any person at any time of day or night. Provided. however. that a dog shall
not be deemed a "barking dog" for the purposes of this Article if. at any time the dog is
barking or making other noise. while a person is trespassing or threatening to trespass upon
private propertv in or upon which the dog is situated or any other legitimate causes for which
the dog is provoked.
ill Loading and unloading - Loading and unloading. opening. closing or other handling of
boxes. crates. containers. equipment. building materials. garbage cans. dumpsters or similar
obiects between the hours of7:00 PM and 7:00 AM on weekdays and 7:00 PM and 8:00 AM
on weekends or holidays within 150 feet of a residential property line or noise sensitive
zone.
@ Construction or demolition - Operating or causing the operation of any tools used in
construction. drilling. repair. alteration. or demolition work between the hours of7:00 PM
and 7:00 AM on weekdays. or between 6:00 PM and 10:00 AM on weekends or holidays
within 150 feet of any residential or noise sensitive zone. except for emergency work by
public service utilities or by special permit approved by the City. This section shall not
apply to the use of domestic power tools.
ill Domestic power tools - Operating or permitting the operation of any mechanically powered
saw. drill. grinder. lawn or garden tools or similar tool between 10:00 PM and 7:00 AM on
weekdays. or 10:00 PM and 8:00 AM on weekends and holidays. unless said equipment is
operated inside a building or other structure so that the sound therefrom does not travel
across any residential real property line or noise sensitive zone. All such equipment shall
be properly muffled and maintained in working order so as not to create excessive or
unnecessary nOIse.
Sec. 10-24. Classification of use occupancy.
For pm:poses of defining the Use Occupancy Category the City's Land Development Code
shall describe residential. multi-family. industrial and commercial designations. All property
containing permanent sleeping quarters. other than sleeping quarters in public lodging
establishments. shall be considered residential use. All public-lodging facilities. as defined by
Florida Statute 509.013 (4) shall be considered commercial use. All premises containing businesses
where sales. professional or other commercial activities are conducted shall be considered
commercial use. All premises where manufacturing is legally permitted shall be considered
manufacturing use. In case of multiple uses. the more restrictive use category shall prevail.
Hospitals. nursing homes. schools. libraries and churches shall be considered uses within a noise
sensitive zone.
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Sec. 10-25. Measurement standards.
The following standards shall be used in the measurement of sound level limits of noise:
ill The measurement of sound or noise shall be made with a decibel or sound level meter
operating on the A-weighting scale of any standard design and quality meeting the standards
prescribed by the American National Standards Institute for a sound level meter. The
instrument shall be maintained in good working order and calibrated prior to each use.
Measurements recorded shall be taken so as to provide a proper representation of the noise
source. The microphone used during measurement shall be positioned so as not to create any
unnatural enhancement or diminution of the measured noise. A windscreen for the
microphone shall be used when required.
ill The slow meter response of the sound level meter shall be used in order to best determine
that the average sound has not exceeded the standards set forth in Table 1.
ill The measurement shall be made at the property line on which such noise is generated, or
perceived, as appropriate, five feet above the ground.
ill In the case of an elevated or directional sound or noise source, compliance with the noise
limits is to be maintained at any elevation at the boundary.
Sec. 10-26. Waivers for cultural events.
The sponsors of a cultural event. which will occur infrequently and which reasonably may
not meet the noise standards and regulations provided above, may submit a request for waiver to the
City CounciL along with proposed precautions and conditions. The sponsors shall also provide 15
days written notice to affected property owners within 500 feet of the proposed event. including a
description of the event and proposed conditions, the name and telephone number of a contact for
more information, and the date and time when the matter will be considered by the City Council.
City staff shall review the proposal and comment on the reasonable expectations of compliance or
non-compliance with the provisions of this Article and the likely impacts to the surrounding
community. The proposaL along with staff s comments, shall be reviewed by the City Council at
an advertised public hearing. Any waiver granted will specify which provisions of this Article are
waived, the times they are waived, and any additional conditions which apply.
Sec. 10-27. Enforcement.
Code Enforcement and the Police Department shall have primary enforcement responsibility for
this Article.
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Sec. 10-28. Penalties.
ill Criminal - Any person. organization or cOl:poration violating the provisions of this article
shall. upon conviction. be subiect to the penalties provided in Section 1-8 of the Code of
Ordinances of the City of Edgewater. Violation of this Article is a second degree
misdemeanor. Violators may be given a "notice to appear" or in the appropriate
circumstances a physical arrest may be made.
ill Cease and desist order - Upon determination by the Police Department that a source of noise
is being conducted in violation with this article. the police department shall issue an order
directing the operator thereof to cease and desist such operations until the violation is
corrected. If an owner fails to comply with a valid. duly served cease and desist order. he
shall be guilty of a misdemeanor and punished as heretofore provided.
ill Civil proceedings - Upon determination by the city manager or his designee that a source
of noise is being conducted in violation of this article or a cease and desist order issued by
the police department. in addition to other remedies provided by this article and in the laws
of the State of Florida. the city manager or his designee may. upon authorization by the citv
council. institute any appropriate action or proceedings to restrain. correct or abate such
violations or otherwise prevent the unlawful use of such noise operation or the unlawful
operation of such facility by any person. Upon conviction of three (3) violations of this
Article within a 12-month period. the noise creating equipment may be confiscated bv the
Court until the offender can satisfy the Court that he is prepared to and in fact will operate
said equipment with limits of this Article. Further violation shall result in the permanent
confiscation by the Court upon correction.
Sec. 10-29 - 10-39. Reserved.
PART C.
CONFLICTING PROVISIONS.
All conflicting ordinances and resolutions, or parts thereof in conflict with this ordinance,
are hereby superseded by this ordinance to the extent of such conflict.
PART D.
SEVERABILITY AND APPLICABILITY.
If any portion of this ordinance is for any reason held or declared to be unconstitutional,
inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this
ordinance or any provisions thereof shall be held to be inapplicable to any person, property, or
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circumstances, such holding shall not affect its applicability to any other person, property, or
circumstance.
PART E.
CODIFICATION.
Provisions of this ordinance shall be incorporated in the Code of Ordinances of the City of
Edgewater, Florida, and the word "ordinance", may be changed to "section", "article", or other
appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish
such intention; provided, however, that Parts C through G shall not be codified.
PART F.
EFFECTIVE DATE.
This Ordinance shall take place upon adoption.
PART G.
ADOPTION.
After Motion by Councilman Vincenzi and Second by Councilwoman Lichter, the vote on
the first reading of this ordinance held on April I, 2002, was as follows:
AYE NAY
Mayor Donald A. Schmidt X
Councilman James P. Brown X
Councilman Dennis A. Vincenzi X
Councilwoman Harriet E. Rhodes X
Councilwoman Judy Lichter X
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AfterMotionby 6,_ andsecondby —
the vote on the second reading of this ordinance was as follows:
AYE NAY
Mayor Donald A. Schmidt
Councilman James P. Brown
Councilman Dennis A. Vincenzi
Councilwoman Harriet E. Rhodes
Councilwoman Judy Lichter
PASSED AND DULY ADOPTED this /.S day of ae—, 2002.
For the use and reliance only by the City of
Edgewater, Florida Approved as to form and
legality by:
Scott A. Cookson, Esquire
City Attorney
Foley & Lardner
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CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
�
By ��W��1/
Donald A. Schmidt
Mayor
Robin L. Matusick
Legal Assistant
Approved by the City Council of the City of
Edgewater at a meeting held on this /,7
day of 2002 under
Agenda It No. 6