03-12-2002 - Workshop
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CITY COUNCIL OF EDGEWATER
WORKSHOP
MARCH 12, 2002
6:30 P.M.
COMMUNITY CENTER
MINUTES
CALL TO ORDER
Mayor Schmidt called the Workshop to order at 6:30 p.m. in the
Community Center.
ROLL CALL
Mayor Donald Schmidt
Councilman James Brown
Councilman Dennis Vincenzi
Councilwoman Harriet Rhodes
Councilwoman Judith Lichter
City Manager Kenneth Hooper
city Clerk Susan Wadsworth
City Attorney Scott Cookson
Legal Assistant Robin Matusick
Present
Present
Present
Present
Present
Present
Present
Present
Present
INVOCATION. PLEDGE OF ALLEGIANCE
There was a silent invocation and pledge of allegiance to the
Flag.
MEETING PURPOSE
The purpose of the meeting was to discuss Draft #3 of the Noise
and Special Activity Ordinances. (Attached)
City Manager Hooper informed Council of the agenda and approach
he would like to present through the evening. He feels they are
fairly close to being able to come to a compromise. If they can
create a draft, at the April 1st meeting they would have the
first public hearing of that ordinance and the second public
hearing two weeks after that. This will be two separate
ordinances.
Police Chief Ignasiak made a presentation regarding any
complaints and issues that occurred during Bike Week and how they
were resolved through the Police Department with regard to
Earthquake Magoon's, Rich's Place and the No Name Saloon.
There was a brief discussion regarding there being four vehicle
accidents during Bike Week.
councilwoman Rhodes asked if the call to Rich's Place at 10:11
p.m. was outside or inside. Chief Ignasiak stated it was inside
but explained with the doors open the noise filters out.
Councilwoman Rhodes also mentioned the call at 11:13 p.m. at the
No Name Saloon being indoors.
City Attorney Cookson asked if the three noise calls were live
music. Councilwoman Rhodes stated it was live music that was
inside. The rest of the nights anything before 9 p.m. and she
was there those nights and made sure that outside music was
inside at the time it was supposed to be and it was in every
case.
Jill Danigel, Fire captain, made a presentation regarding sound
checks done by Code Enforcement at the No Name Saloon and Rich's
Place. They received only one complaint each day early on in the
evening, one for Rich's and one for No Name. They didn't get the
complaints they anticipated and the readings weren't as high as
she thought they would be. They took the readings from the same
place every time they went.
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There was a discussion regarding where the readings were taken at
the No Name Saloon and the building blocking them from direct
noise from the band.
Mayor Schmidt stated the different times he went depending on
where you were at it was either loud or not loud or you could
hear it or you couldn't hear it so it all kind of depended where
you were at. Ms. Danigel explained a lot of it seemed to depend
on wind which way the wind was blowing.
Councilman vincenzi asked Ms. Danigel to explain how they took
the readings and how they averaged them. Ms. Danigel explained
where the readings were taken and how they were averaged
together.
Councilwoman Lichter stated she responded to calls she received
and she found that the loudest sound was not Boston and Riverside
Drive but Riverside Terrace and Riverside Drive. Ms. Danigel
spoke about on the sheets they used they marked whether something
was plainly audible, barely audible or not audible at all. The
numbers the Council is seeing are plainly audible.
Councilman vincenzi mentioned measuring the sound level from the
property line or the complainants property. He noticed the
readings were not taken from the property line. Ms. Danigel
explained they just picked monitoring points to gather numbers.
City Manager Hooper stated he took the meter out and took a
reading from the property line. They walked around and tried
property lines and they went to where Councilwoman Lichter was
talking about.
Councilman Vincenzi questioned if they were accurate numbers.
When City Manager Hooper was taking some readings, he was getting
some as high as 75 decibels.
Councilwoman Lichter stated one night when it was quite audible
close by, she went to Pelican Cove West and did not hear anything
there. On another night she got a call from Sabal Palm Drive and
they could hear it. She feels the wind conditions are a factor.
Councilman Vincenzi agreed with the noise being a direct shot at
Riverview Terrace so you get the maximum effect right there. If
you go to the property line it is even louder.
City Manager Hooper went over the changes made to the 3rd Draft
of the Noise Ordinance.
Councilwoman Lichter felt the Manufacturing noise level was too
low in Table 1C.
Councilwoman Lichter stated it says the Police Department shall
have primary enforcement responsibility and questioned if Code
Enforcement should be included. City Manager Hooper stated it
will. As it is finalized it will be both.
Councilman vincenzi asked what the procedure will be with regard
to enforcement which City Manager Hooper explained. Councilwoman
Lichter feels procedure is one of the most important things and
that it needs to be clearly spelled out for people so they know
what to do. City Manager Hooper stated it will be. Once they
decide what the rules are, enforcement of the rules will be
relatively straight forward. Councilwoman Rhodes feels people
would need to contact the police because they are on-duty all the
time and they could notify Code Enforcement. She feels the call
should be made to the Police telephone number and dispatch would
decide who would respond to the complaint.
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Councilwoman Lichter asked if that is our local dispatch. It is
not connected with the consolidated dispatch. City Manager
Hooper explained it will be part of the tri-city once that is
done. Once that occurs at the end of October, there will be no
local dispatch.
There was further discussion regarding this being handled through
the consolidated dispatch and the other cities being aware of
where to send the call.
Councilman Vincenzi would like to see a more direct type of
procedure. He spoke of there being bigger events and being
crowds and more potential for problems during Bike Week and
Biketoberfest so they need better procedures for those events in
particular. He feels Code Enforcement should be on-duty and when
a complaint is received, they should contact the Police.
Councilman Vincenzi pointed out the problems he has with the
Noise Ordinance and the inconsistencies he found. He referred to
the definition of Sound and then referred to Specific Noises
Prohibited with regard to Animals. He feels if a barking dog is
a problem after ten minutes, then a band outside should be a
problem after ten minutes.
Councilman Vincenzi did not like Item 3 under Section Two -
General Restrictions. In here he feels like it sounds like they
are going to measure the sound from the complainant's property.
City Manager Hooper stated that was put in as an option and the
Council will tell him tonight what they want. He doesn't think
that is one that can be readily enforced. Councilman Vincenzi
would like to see that taken out.
Councilman Vincenzi referred to Table 1E. He feels the sound
level limit for residential should be changed to 9 p.m. and the
sound level should be changed to 50 from 9 p.m. to 8 a.m.
Councilman Vincenzi stated he is talking more about noise
restrictions for events. He asked if people complain quite a bit
about lawn mowers. City Manager Hooper stated they get some
complaints but not big deals about it.
Councilwoman Rhodes stated you have people that work at night and
sleep during the day so why should they give them any less
consideration than they give somebody that works during the day
and sleeps at night.
Councilwoman Lichter feels the time tables are in general and
when you do special events you can horn in on tighter. She feels
they have to think of all aspects of noise with these hours.
Councilman Vincenzi feels these are general guidelines that have
to be placed into effect for everybody.
Councilwoman Rhodes stated if you are going to allow someone to
run a lawnmower at a certain decibel level why can't he play his
music at the same level. Why is it okay because he is mowing his
lawn? Councilman vincenzi feels with a lawn mower you cut your
grass and you are done in an hour. Councilwoman Rhodes stated so
she turns her music on for an hour. She is entitled to the same
thing. It has to be fair across the board. You can't say lower
it because of people that have outside music.
Councilman Vincenzi spoke about the fluctuation of the decibel
levels. If you set this at 60 decibels and it is not clearly
over that, nobody is going to take any action.
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Council Workshop
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Mayor Schmidt stated he doesn't think a couple of numbers is
going to matter. Councilwoman Rhodes compared this to a speed
limit of 70 and it not being enforced until you are doing eight-
five. She feels they should set it where they want it to be and
enforce it.
Councilman Vincenzi feels it should be lower because people will
not enforce it until it is clearly a violation. Councilwoman
Rhodes feels people wouldn't report it. It will be enforced if
they insist that it be enforced at whatever level they say.
Councilman Vincenzi spoke about the noise sensitive zone and
questioned what it is. City Manager Hooper stated schools,
libraries, hospitals. We have nothing right now.
Councilwoman Rhodes spoke about nursing homes in residential
areas in Florida Shores. The house next door gets one set of
rules as opposed to the nursing home getting another set of
rules.
Councilwoman Lichter made mention of a complaint made by someone
that was a neighbor to a nursing home saying too much noise was
emulating from the nursing home.
Councilman Vincenzi feels the noise sensitive zone should be
lower too.
Councilman Brown asked if they determine who is a noise sensitive
zone or if someone can request to be a noise sensitive zone.
City Manager Hooper explained they would come in and request to
be a noise sensitive zone and it would be brought before Council.
He feels the Code would designate certain zoning categories or
certain use categories as noise sensitive.
Councilwoman Lichter feels Manufacturing is low compared to other
places.
Councilman Vincenzi stated the last problem he had was the
notification being only 300 feet. He feels that should be
increased to 1,000 feet.
Mayor Schmidt stated he wouldn't mind that going to 1,000 feet.
City Attorney Cookson feels they should establish what
constitutes the noise sensitive zone rather than do it on a case-
by-case basis.
Councilwoman Rhodes questioned if Cultural Event is defined by
them. City Manager Hooper informed her yes. Councilwoman Rhodes
feels when you are informing people within a radius of an event,
you have to go to the County and get the addresses and it costs
money to do that. She is assuming most Cultural Events would
occur by the City or by non-profit agencies. City Manager Hooper
explained it used to be difficult to get the list of property
owners but it can now be downloaded off the Internet. The cost
is in the mail out.
Councilwoman Rhodes asked city Attorney Cookson if he knew of a
standard in this case and if there is anything that is usual.
City Attorney Cookson stated generally the notification can range
but he would say 300 feet would be the normal range for
notification. Here they are talking about something different
because of the impact. He doesn't know of any specific
notification requirements specifically to noise. city Manager
Hooper explained they generally had 300 or less. The Statutes
used to be fixed and it told you a number but they did away with
that. They go by what they used to do and try and stay
consistent. He further explained it will be publicly advertised.
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Council Workshop
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Councilwoman Lichter asked if the closest homes to Hawks Park is
Shangri La. She asked how far away they are. City Manager
Hooper stated from where the ampi-theater is to be sited, there
are four or five homes that would be impacted.
Councilwoman Rhodes feels it should stay consistent with the
other stuff.
Councilwoman Lichter feels Port Orange's numbers look pretty
good. She wants it clearly clarified what Code Enforcement does
and what the Police do. She thinks no matter what they write
words can't always translate into actions. She feels there
should be criteria that has to be passed. Councilpeople are
sensitive to their constituents. She feels it will never be a
perfect document.
Councilman Brown agrees with almost everything in the Noise
Ordinance. He feels the consistency should be a one-hour time
frame. He agreed with Table 1E in its entirety.
Councilman Vincenzi stated after they decide on what changes are
going to be made, where is this going next. He questioned if the
Planning and Zoning Board should be involved. City Manager
Hooper explained noise is not in the Land Development Code, it is
in the Code of Ordinances. If the Council chooses, they can send
the Special Activity Ordinance back to Planning and Zoning. He
feels the changes made are very minor and it would be Council's
call.
Councilman vincenzi would like this to go to the Planning and
Zoning Board.
Mayor Schmidt asked when their meeting is. City Manager Hooper
informed him they meet tomorrow night and again in mid-April. He
informed the Council the earliest this will be on their agenda is
April 1st or April 15th.
Mayor Schmidt wouldn't mind them getting a copy of this and
getting some comments but he doesn't want to delay this anymore.
He wants to see this on the April 1st agenda for the first public
hearing with the changes.
Mayor Schmidt feels the hour needs to be addressed as well as how
it will be enforced. He is okay with Table 1E.
City Manager Hooper summarized what the Council addressed up to
this point. On the definition section, he feels they can clean
up. The method and where they are measuring, he thinks he is
hearing a consensus they do not want it at the property of the
complainants. They are looking to advertise Table 1E.
Mayor Schmidt stated on the time, he would go with 9 o'clock.
City Manager Hooper stated if he advertises the larger of the two
numbers, the 1,000 feet can be reduced if the Council wants.
Mayor Schmidt suggested 500 feet. City Manager Hooper informed
the Council to keep in mind they have two public hearings and can
change it at that time.
There was further discussion regarding the distance of feet for
notification.
Councilwoman Rhodes stated when you are going to do something
with your property and you get a conditional use permit, it is
three hundred feet. Why should it be any different for this?
Mayor Schmidt stated because depending on the event, noise seems
to effect people more than a pumpkin patch that doesn't create
the noise that will carry out as far. Councilwoman Rhodes feels
it should be the same across the board.
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Council Workshop
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City Manager Hooper stated he would put in 500 feet.
City Manager Hooper went over the changes to the 3rd Draft of the
Special Activity Ordinance.
City Manager Hooper feels the real issue is the number of events.
They can say they are open to approving just the Bike Week and
Biketoberfest and any other events, without putting a number of
them would come to the Council. They can limit them to two per
six months, one per six months or none per six months. He feels
on the outdoor amplified sound, to sunset he thinks is what
Council wants to do and he feels 9 p.m. is a compromise.
Councilwoman Lichter suggested for the 2 one-day events in a six
month period that they be specified as charity related. City
Manager Hooper stated they could do that. They could have the
charities be the ones that present or the establishment with the
charity. He again reminded the Council that each permit will
come back to them.
Councilman Vincenzi stated he has a problem with the number of
events. He asked if the Special Activity Permits cover any
special activity, even a garage sale. The way the Codes read
now, you can have two per year, one in a six month period. He
asked if it specifies Bike Week and Biketoberfest. City Manager
Hooper stated it doesn't. Councilman Vincenzi stated he can see
a problem with the way this is worded right now. city Manager
Hooper stated the current Code says two events per year up to ten
days. It doesn't refer to Bike Week or Biketoberfest but it also
doesn't refer to garage type sales. He explained there is a
separate permit for those.
Councilwoman Rhodes asked if tent sales for car dealers would be
under Special Activity Permits. City Manager Hooper referred to
the definition for Special Activity and informed her tent sales
are included.
Councilwoman Rhodes questioned why they have to have specific
events listed. She suggested saying all special activity permits
would come before the Council.
Councilwoman Lichter spoke about entertainment.
Councilman Vincenzi asked if anyone else saw a problem with
specifically mentioning Bike Week and Biketoberfest.
Councilwoman Rhodes stated when they discussed it they couldn't
come up with another way to word it. Mayor Schmidt suggested a
ten-day period in the Spring and a ten-day period in the Fall.
Councilman Vincenzi suggested one event every six months. City
Manager Hooper stated the current Code just has two per year and
has the ten days. City Attorney Cookson suggested one ten-day
period between April and September or whatever the six months
after that is and break them down that way so Bike Week and
Biketoberfest fit within either one of those time periods. Mayor
Schmidt suggested January 1st to June 30th and July 1st to December
31st. city Manager Hooper stated that is where they were with
the last version and they didn't like it. Councilman Vincenzi
stated that is just testimony that they are wasting a lot of time
on this. He feels the names of the event should be out of there.
City Manager Hooper told the Council to keep in mind this started
over noise and a couple of specific places and their request to
the Council, not only that but the citizens that were complaining
were, they wanted to plan, know they could do Bike Week as long
as they did it under certain conditions and scenarios because
they want to advertise two and three months in advance.
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Council Workshop
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Councilwoman Rhodes stated in order to have any event you have to
have a Special Activity Permit so why do they have to specify.
If they don't specify, this body has the right to refuse or
accept any Special Activity Permit.
Mayor Schmidt stated so then don't specify the event, just
specify the time period. Councilwoman Rhodes stated no, why
specify a time period. Councilman Brown feels they have to have
a time period somewhere along the line.
Councilman Vincenzi suggested January to June and July to
December. He wanted to talk about the two one-day events.
Councilwoman Rhodes thought they just said two events, of ten day
duration, per year. Mayor Schmidt stated if there is going to be
anything else, it will go before Council.
City Manager Hooper stated if Council is looking to do that, the
answer is all permits come to Council and they don't have a rule
on it. Whatever comes in front of them, they make a decision on
and not try to worry if it is Bike Week or Speed Week or
something else. Councilman Vincenzi stated he wants to set a
limit. City Manager Hooper informed him they will set that as
they go. They will have in front of them each time on a case-by-
case on its own merits, can it provide all the necessary
ingredients it needs to do a special activity presented to the
Council and they would say yes or no. They just need to be
consistent with the yes or no.
Councilwoman Rhodes spoke about Daytona not having anywhere to go
to collect for the resources they have to use such as Police and
trash. They have no one they can go to to tell them to pay more
to cover their costs. If they do this on a case-by~case basis
then they can assess the resources that will be needed and those
fees can be passed to whoever needs to have those resources
instead of the City footing the bill for any of it.
Councilwoman Lichter spoke about the businessman making more
money in our City. Councilwoman Rhodes stated the businesses are
happy but the City of Daytona Beach is bankrupt. She doesn't
want to see Edgewater like that.
Mayor Schmidt asked City Attorney Cookson to provide some wording
for Number Two in section Two. City Attorney Cookson suggested
it say: The number of special activities shall not exceed one ten
day period between January and June and one ten day period
between July and December and then whatever that other number is
for the one-day events. He feels dealing with them on a case-by-
case basis opens them up for challenges. Councilman Vincenzi
stated that is why it has to be set out here and they have to
stick to it. Section Four sets forth the criteria and the
Council needs to understand that whatever the number is, if they
can show that they meet this criteria, there is no discretion,
you have to grant that permit. In addition to the number of
activities, he feels the Council should be concentrating on what
the criteria is because it's entitlement once the criteria is
established and they fit within the number.
Councilman Vincenzi expressed concern with someone coming back
after they have had their two-one day event and want to have
more. City Attorney Cookson stated they can't. Councilman
Vincenzi stated whatever they set out here has to be what is
abided by and if they are allowed two one-day events per year and
they use them then that is it. City Attorney Cookson stated the
way it is written now, they can't get another permit. They could
put in a provision that would allow the Council the opportunity
to hear additional ones beyond what they are entitled to in the
ordinance but that isn't in this ordinance now. He commented on
why he feels doing these on a case-by-case basis is where they
are going to get in trouble. Councilman Vincenzi feels that is
why it has to be set out here and they have to stick to it.
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Mayor Schmidt asked if the Council had an idea of a number in
their mind. Councilman Vincenzi suggested two up to ten-day
events. If you are a business that profits off of Bike Week and
Biketoberfest it allows you the opportunity to do that and if you
are a business or non-profit organization that wants to have an
event, it allows you two a year up to ten days.
Councilwoman Rhodes suggested each six months you get a ten-day
event and a one day event. She would also like to see something
in the permit criteria about whoever is hosting the event, if
they have to have Code Enforcement and Police out there, should
pay for these services. City Manager Hooper informed her that is
under Section Six.
Councilwoman Lichter is for leaving it like it is. Mayor Schmidt
stated so one ten-day and two one-day events every six months.
Councilwoman Lichter stated yes.
Councilman Brown suggested
a ten-day period from July
during a six-month period.
the way it is.
a ten-day period from January to June,
to December and two one-day events
He was also in favor of leaving it
Councilman Vincenzi opposed that.
Mayor Schmidt has no problem with a ten-day period from January
to June, a ten-day period from July to December and two one-day
events during a six-month period. He was also in favor of
leaving it the way it is.
Councilman vincenzi mentioned Mayor Schmidt, Councilwoman Lichter
and Councilman Brown agreeing with leaving it the way it is. If
that is the majority that is all he has to go with. People are
complaining about noise and what you are doing is giving them
more opportunity to create noise. To him that doesn't make
sense. Mayor Schmidt stated and on the other side of that, he
doesn't think they are giving them more, he thinks they are
trying to control what they are giving them. He thinks if Code
and the Police Department can do what they did and improve on
what they did, then he thinks they are heading in the right
direction. Councilman Vincenzi doesn't feel it is going to work
out that way. There is always going to be problems and
complaints and the mire opportunity you give to people to create
the problem, then it is just going to be that much worse.
City Manager Hooper informed the Council all that is for is
drafting of the ordinance. They still have an opportunity, two
public hearings. It will be put together the way he described it
tonight. The time will be sunset on the weekdays and Sundays and
9 p.m. on weekends. He is going to change the notification area
from 300 feet to 500 feet. Five days after the completion of the
event, the structures come down.
Councilman Vincenzi referred to the definition section regarding
City sponsored activity. He feels it is kind of general. He
asked if he is talking about an activity the City is going to be
sponsoring. city Manager Hooper stated it is either on city
property or City department.
Councilman Vincenzi referred to section 7 - Penalties. It
doesn't specifically say if you try and put on an event without a
permit that you will be closed down. He would like that put in
there. It has penalties if you try to put on an event without
getting a special activity permit and it is implied you won't be
allowed to do it, but he wants to specify that in there that you
will be penalized monetarily and will be shut down.
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Council Workshop
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City Manager Hooper stated the schedule for April 1st, they will
send to the Planning and Zoning, tomorrow if they want to talk of
a special meeting that will be their opportunity but they will
get this as a draft to be able to go through tomorrow very minor
changes and get that to them and then the first public hearing
advertised on this is April 1st and two weeks after that.
Councilwoman Lichter spoke about limiting outdoor music in the
future. She doesn't know where they are supposed to take that
because it doesn't fit into this but she thinks it has
possibilities. City Manager Hooper stated that is what he is
working on to bring to Council in the Land Development Code
update. That is one of the articles they have already approved
but they are going chapter by chapter and in the end there will
be an all encompassing.
There was a twenty-minute recess at this time.
Mayor Schmidt presented Councilman Brown with a card for his
birthday.
Richard Martinez, 317 Schooner Avenue, stated with all due
respect to the Chief, he listened to the Chief describe his
routine two days of assaults, noise and traffic problems. He
guessed that is what the City of Edgewater has come to, it is now
routine. How many times does a resident have to call before you
permanently fix a noise problem? He heard that there were
numerous complaints of noise. The merchant had to be told to
turn it down. He doesn't see a solution. You will never
permanently fix the problem. They will have an eternal,
continuous problem with residents and noise. He didn't hear
anything about enforcing motorcycle noise, which is one the
biggest problems this week. At the last meeting, the only people
they heard supporting the expansion of these special events, were
all from out of town or a majority were from out of town, Oak
Hill, New Smryna Beach. Only the residents were there objecting
to the expansion of special events. We have had a history of
special events that is bad. Since the beginning we have had
complaints. Special events have increased. Duration has
increased and this last week was the worse we have ever seen.
What you are saying is you are going to expand it and make the
problem even greater. He thinks that is the wrong way to go. He
doesn't think they are living up to what the people of Edgewater
expect of them.
Ben Fanselow, 321 Schooner Avenue, feels the problem with noise
is how to contain it. Both the No Name Saloon and Rich's have
turned down the music every time they have been told and he is
sure they are looking to comply. He suggested they get some
sound experts and they could put some sound deadening material on
your walls. He also suggested having a meter set it at your
loudest instrument so you know what pitch and what variations you
have to have so when you have a band coming in you could tell the
band to play and tell them to lower their amplifiers or they
would have a problem. He stated you can not put a law like the
Council is setting up right now for two restaurants in reality
because what you can say with your ten days and two days is to a
school you can only play ten days of baseball and two other days
of baseball because you now have to get the parking across the
way and you need a parking permit. What you really need is to be
more specific. You can not encompass all as to lawn mowers and
airplanes. He feels the Council has done a very good job of
putting this together. He feels the time dates are very good.
He feels the noise volume is probably correct. It is now just
putting it together between the entities that are disagreeing and
expanding it so it encompasses all those priorities that can come
up and this can be done with a simple computer and listing every
type of event that comes up and then listening to the
applications and the priorities and most of what you've got
really now pertains to outdoor music.
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Council Workshop
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Councilwoman Lichter asked if there is a way that bass, that
banging sound, can be turned down. Mr. Fanselow stated every
bass has an amplifier on it and when you get the bass too loud,
the singer can't even sing over it. The bass is probably the
loudest kind of instrument you can have in a band except it's not
as sharp as a violin. Basses set up vibrations. If you are
looking to control noise level that travels, both basses and
violins are what you have to tone down.
Andy Anderson, Pine Tree Drive, commented on the conversation
regarding if you can mow your lawn and make a racket why can't
you make a racket with your music on the same decibels. You have
to mow your lawn, you don't have to make the music. The lawn has
to be mowed. If it is not mowed, you are going to get a citation
that it is too high. He feels the music is not necessary and is
for pleasure. Mowing is not pleasure so to speak.
Mr. Anderson feels there are a lot of people in this City that
have moved from bigger cities to get away from the noise and all
the sounds that go with a big city. They came up here to get
away from all of that. He feels if they go the way they are
going, it looks like the squeaking axle is getting the grease in
this town and the ones that are making the most noise about
wanting the noise seem to be getting some good results. He isn't
knocking making a living but if you are interfering with someone
else's peace, he thinks you have to find some other way around it
and do something else. He doesn't think you have a right to
bother anybody at any time.
Mr. Anderson stated he noticed they extended the hours of
drinking times in these special events. He feels this is a step
backwards and if they don't something about it they are all going
to join in down here and they are going to have honky tonk alley
down here. He feels that is what they are heading for if they
don't curb it. He feels they should enforce the laws and get the
noise ordinance and if you don't like what we have in this City
go some place else.
Doris Hill, 112 Lincoln Road, stated this is the fifth meeting
they have had to discuss this and they have been permitted three
minutes to give their impressions and what they thought needed to
be done. He is the one that started this whole thing which she
regrets because there is nothing wrong with our Codes the way
they are today except for the fact that a phony permit was
issued. That is the only thing that was wrong. So now what are
we getting? We are going to get more noise. For those of you
that think that anybody can put up with that for a week, let me
remind you that it is ten days and that 3:55 one morning, she is
120 feet from the parking lot that they have rented with
motorcycles going out of there and that was going on from 11:30
p.m. until them. She is insulted and they are not listening to
them. She hasn't even come down to talk to the Council because
she knew they made up their mind and she has less respect for
Councilwoman Lichter. Councilwoman Lichter told her to run for
office.
Mayor Schmidt stated Ms. Hill made a statement that they have
only given her three minutes and this has been going on three to
four months or so. Two workshops they had he kept them closed so
they could learn a little more and yes he did not allow speaking.
other workshops have been allowed. Every Council meeting
everyone always has public time to talk. He thinks to stand
there and say they have only allowed three minutes is at best
disrespect for the job they are trying to do. This is not easy
for anybody and he can sympathize a little bit for where some of
the people live around some of the bars but the Council has a
responsibility to the 20,000 people that live in the entire City.
He feels overall they are listening to everybody. Everyone is
entitled to their opinion.
Page -10-
Council Workshop
March 12, 2002
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Mayor Schmidt stated the Council, this whole week, have gone out
of their way to visit and understand what is going on. To be at
the bars at all different times to talk to god knows how many
people that go in it whether they are local or from out of town.
They are still a visitor to our town and they talk to them. They
aren't trying to create more headaches for anybody else. They
are trying to control them and they are trying to do it to our
best abilities. He has talked to other people that want to
insinuate things that one day they will have a Council in place
that doesn't want any outdoor entertainment. Some people can sit
there and say that some of them are close minded. To the best of
his knowledge, somebody that is going to make a comment like that
already has their mind made up about everything. We didn't have
our minds made up and we don't have our minds made up yet but
they are trying to do what is best for everybody. He feels there
are some good compromises in there. Maybe it is time some of us
take offense to being accused of and different things like that.
If he isn't elected in three and a half years, he doesn't care.
He is here for the moment now and he thinks they all agree they
are doing what they want and feel they need to do at this point.
Ms. Hill stated she has always tried to stay on the subject and
when she is talking about three minutes, she means three minutes
because twice at the regular meetings, she got up to speak. The
first time she got up to speak, Councilwoman Lichter said she
didn't want to hear it at that meeting even though they were
entitled to five minutes and Councilman Vincenzi said he wanted
to hear what she had to say so she said it.
Mayor Schmidt stated he tries to allow everybody as much time and
sometimes he thinks he goes overboard. He doesn't want it to be
said that he doesn't let people talk.
Councilwoman Lichter stated and she doesn't want to say that she
said that because she has listened to Ms. Hill at her house, she
has gone in her driveway when she didn't know she was there to
hear the music. She has heard it sometimes and she hasn't heard
it other times. They are talking about a much broader thing.
She has heard from everyone in forms of letters, in forms of
conversations to her personally on the phone. She is always
available to every constituent in this City. We are not a one
issue Council. We have many issues and she does many, many
things for this city and she totally resents Ms. Hill's remarks.
If she wants to stand there and throw things at them she guesses
sometimes she gets to a point where she feels like telling her
also.
Ms. Hill stated well you go right ahead Judy.
Councilwoman Lichter told Ms. Hill she hasn't talked to her in a
while now but she knows every single point and she has evaluated
every point but she has to look at all aspects of our community.
They are trying to contain noise which is annoying. She resents
Ms. Hill's comments to her because she has never been able, at
one of these public meetings, to keep her quiet like Mayor
Schmidt has trouble keeping her quiet.
Roger Hammond, 2104 S. Riverside Drive, stated that is about 600
feet from the No Name Saloon. He has lived there for 13 years.
The problem has never come up until it changed owners and they
are going to change everything in the Avery and they are doing
that. Evidently, they have had a lot of help from somebody. It
definitely isn't the people that live around him. He knows they
have sat there and jawed about it but they haven't come up with
anything to help the situation, even to help these people make a
living. He suggested they put up a wall and put some acoustics
on it on their borderline and let them protect their own noise
and keep their own noise.
Page -11-
Council Workshop
March 12, 2002
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Councilwoman Rhodes stated she discussed that with Mr. Girvan and
he will be doing that.
Mr. Hammond asked they haven't put something in there about it.
Anybody that wants outside entertainment with amplified noise
should retain their noise.
Councilwoman Rhodes feels they need a combination of three
things. They need the business owners of those businesses to do
as much sound proofing as they can to stay within the decibel
level. They need fair and equal parameters, which they are
setting tonight and they need enforcement. When all those things
happen, then this is going to be a better situation. By
Biketoberfest those things should be in place.
Councilwoman Rhodes stated she was there all night long and
didn't leave until the No Name closed and she drove around every
night and she knows exactly what was going on. She made it a
point to talk to the people that came in there, the people that
live around there, and the people that own the place and they
discussed how they can make this better so everybody can live
together, they can make a living and people can have peace and
quiet. That is what they want to do and that is what they are
going to do.
Councilwoman Lichter suggested putting something in the ordinance
about sound barriers.
Mr. Hammond feels if he is going to make the noise, he should
retain his noise or a majority of his noise. As far as them
going out and taking the noise level and where the complaint is,
that is a bunch of crap. He is allowed so much noise to make on
his property. It's not supposed to be 600 feet down the road.
If he keeps his sound level where it is supposed to be, it's not
going to go 600 feet down the road.
Tanya Girvan, No Name Saloon, stated when this first came up they
went to City Manager Hooper and said they would put up any kind
of sound barrier and they were told not to do anything until they
see what the Council does. So in defense of the Council, that is
going to be done. In defense of herself, hearing Ms. Hill say
there is more noise now, that is wrong. She sees it printed in
the paper, everything Ms. Hill or Mr. Anderson says is totally
opposite of what it really is and they mislead people and bring
people to believe certain things that aren't true by standing up
here and getting their three minutes. They can have a half an
hour or hour with the Council by themselves. Why they have to
stand up here, splash out two or three things in their three
minute time to mislead everybody in this town about what they
believe is wrong. They can sit with any of the Council and talk
to them at great lengths. As far as the sound barriers, they are
doing that and they appreciate the help the City gave them this
week. They tried to contain as much as they can. There was an
overabundance of people at their pudding wrestling, they were
shocked, surprised and very proud of the job they had done. They
realize they have to have more parking and more police next year.
They pay for the police and for the people to come the day after
and pickup the trash from one end of the highway to the other.
They pay for everything they do as well as a $1,500 permit fee.
As far as the people that come up and slaughter the Council, ten
or twelve years ago the same five voices you listen to at every
Council meeting about every different subject, they are the same
ones she listened to and they will continue to complain after
this Council is gone too. He feels the Council is doing a great
job working on the events ordinances.
Page -12-
Council Workshop
March 12, 2002
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Rich Fromm, Rich's Place, 2576 S. Ridgewood Avenue, stated Ms.
Girvan summed it up. Everyone has done a good job. The
complaints he has had is just a few. No one wants to say who
they are. Mr. Martinez handed everyone letters in the County.
Marilyn that lives behind his fence sat in his backyard and
listened to the music. He thinks it was just somebody that has
nothing better to do. He feels the Council did a good job
because he seen all of them out. He thinks Bike Week brings
money and any kind of special event they do have. Even if it's
not a special event, if he wants to have music in his backyard
and give this City $150, if he does it one hundred times a year
he doesn't see what the big deal is. He can't understand this.
He questioned if they don't use the entire ten days, can they use
the rest of the days for another event. Councilwoman Rhodes
stated nice try. Councilman Vincenzi stated he didn't think so.
Mr. Fromm feels the Council is doing a good job and he
appreciates them coming to his place.
ADJOURNMENT
There being no further business to discuss, Mayor Schmidt
adjourned the meeting at 9:30 p.m.
Minutes submitted by:
Lisa Bloomer
Page -13-
Council Workshop
March 12, 2002
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SPECIAL ACTIVITY - 3RD DRAFT
February 8, 2002
Definitions
City sponsored activity - sponsored or co-sponsored by the City Councilor any City Department for
the benefit of the residents of the community.
Civic group/non-profit organization - any group that meets for the improvement of the community
and whose main function is to make the community a better place to live either by deed, donation
of time or finances. A tax-exempt certificate is not necessary if the group meets the above stated
criteria.
Community activity - activities which take place on City owned or controlled property in which the
general public is invited to participate.
Live entertainment - entertainment in the form of music, singing, speaking or similar activities that
are enhanced by amplification equipment. This includes bands, concerts, performances, karaoke and
disk joc:key functions.
Outdoor entertainment - entertainment in the form of music, singing, speaking and similar activities,
amplified or non-amplified that is located outside of or partially outside of the area of the sponsoring
property permitted for normal retail sales or services.
Private business - any business enterprise operating for the purpose of creating a profit.
Special activity - any public or private activity held within the City of Edgewater in which it can be
reasonably anticipated that the number of persons attending the activity will exceed the on-site
parking, seating or sanitary facilities available at the premises upon which the activity will take place
and that services will be required beyond that which are regularly provided by the City such as
additional traffic control, crowd control, fire and/or emergency services, street closures, cleanup or
other municipal services.
Special activity permit - a permit issued by the City Council to authorize a special activity.
Sponsor/promoter - any person, group or entity ultimately responsible in full or part for producing,
operating, sponsoring or maintaining a special activity.
Section One - Scope
To establish policies and procedures pertaining to special activities, including but not limited to
outdoor entertainment, to ensure compliance with all applicable City, County and State requirements.
A special activity permit will be required for ALL special activities held within the City limits of
Edgewater.
F:\ordinances\special activity - February 8, 2002 draft
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Section Two - Special Activity Permit Requirements
1. The uses authorized by a Special Activity Permit are temporary and all permitted
improvements shall be removed within five (5) days of the completion ofthe special activity.
2. The number of special activities shall not exceed:
ill 10-day period of Bike Week
Ql 10-day period of Biketoberfest
f1 2 one-day events during a six-month period
3. Outdoor entertainment/amplified sound in coni unction with a special activity shall be
permitted at the following times and days:
ill Weekdavs (Monday thru Friday) 1:00 PM to sunset
Ql Weekends (Friday and Saturday) 1:00 PM to 10:00 PM
f1 Sunday 1 :00 PM to sunset
Section Three - Special Activity Permit Application Process
1. A special activity permit will be required for each special activity held within the City of
Edgewater.
2. A special activity permit application must be completed and submitted to the Planning
Department for review by City staff at least 60 days in advance of the activity. The
application must include specific dates and times of the planned activity (including set up
and demobilization), number and types of vendors, types and hours of entertainment, specific
parking layouts, quantity and number of sanitary facilities. Hours for outdoor
entertainment/amplified sound are described in Section 2 of this Article.
3. The completed special activity permit application and staff comments will be provided to the
City Council for review and consideration at the next regularly scheduled meeting. City staff
will notify affected property owners within 300 feet ofthe site requesting the special activity
master plan of the date and time of the City Council meeting in which the application will
be reviewed. Applicant shall provide names and addresses of affected property owners.
Section Four - Special Activities Permit Criteria
1. The proposed activity will not result in unsafe ingress/egress for either pedestrians or
vehicles.
2. The proposed activity shall comply with the appropriate Life Safety Code conditions.
3. The proposed activity shall comply with the City's Land Development Code and noise
ordinance conditions.
4. The proposed activity will direct on-site lighting away from adjacent parcels and roadways.
5. The proposed activity shall have adequate sanitary facilities.
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6. The applicant shall post a bond or provide insurance in the amount of $200,000.00 to hold
the City harmless of any and all liabilities.
7. The City Council may add other conditions to protect the health, safety and welfare of the
residents.
Section Five - Temporary Structures
It shall be the responsibility of the applicant of the special activity permit to ensure the structural
integrity of all temporary structures erected for special activities. The structures are to be safe,
structurally sound and of adequate capacity to service the number of persons proposed to use the
structure and must be removed with five (5) days of completion ofthe special activity. The Building
Official and Fire Marshal shall verify such compliance is obtained.
Section Six - Inspections to Ensure Compliance
The City shall provide scheduled and unscheduled inspections prior to and/or during the special
activity by police, fire, code compliance, building and/or city administration representatives to
monitor and ensure compliance with all applicable City, County and State codes. Special activity
permits that include outdoor entertainment may require a code compliance officer to remain on site
during the activity. The cost of said officer shall be reimbursed to the City by the sponsor/promoter.
_Appropriate State agencies are responsible for the inspection of amusement rides and public food
preparation facilities.
Section Seven - Penalties
Any person or entity who shall conduct, operate or maintain a special activity and fails to obtain a
special activity permit shall be punished by a fine of three times the cost of the application fee as
well as all associated City fees. No further special activities shall be authorized until all penalties
are current. A repeat offender shall not be eligible for a special activity permit for a one-year period.
A repeat offender is defined as a sponsor/promoter who violates any of the conditions of the special
activity permit more than one time in a six-month period.
Section Ten - Exceptions
Any special activity sponsored/promoted by a civic group or non-profit organization or co-sponsored
by the City of Edgewater may be exempt from any and all fee requirements. This decision shall be
rendered by the City Council and any waiver granted regarding these requirements is only binding
and applicable upon that one activity or portion thereof and shall not mean that the sponsor/promoter
has any rights to future waivers.
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NOISE ORDINANCE - 3RD DRAFT
February 8, 2002
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.
Emergency - any occurrence or set of circumstances involving actual or immanent physical trauma
or property damage which demands immediate action.
Emergency work - any work performed for the purpose of preventing or alleviating the physical
trauma or property damage threatened or caused by an emergency.
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 by 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 resolution of the City Council
upon a finding that the subject area contains a land use which is sensitive to or subject to adverse
reactions from noise.
Person - any 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.
Plainly 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 discernable and said
sound shall include bass reverberation.
Real property 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.
F:\ordinances\noise - February 8, 2002 draft
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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 and exceeds one (1) hour in duration. 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.
Section One - 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 (dBA) 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.
Section Two - General restrictions
1. No person shall operate or cause to be operated any source of sound from any subject
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.
2. 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.
.1. 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 plainly audible sound when
detected while standing within the boundary limits of a complainant's property.
TABLEIA
Model Ordinance Provided by OSHA
Use Occupancy Category Time Sound Level Limit (dBA)
Residential 7:00 AM - 10:00 PM 65
10:00 PM- 7:00 AM 50
CommerciallN on-Residential 24 hours 65
F:\ordinances\noise - February 8, 2002 draft
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TABLEIB
Volusia County Noise Ordinance
Use Occupancy Category Time Sound Level Limit (dBA)
Residential 7:00 AM - 10:00 PM 60
10:00 PM - 7:00 AM 55
Commercial 7:00 AM - 10:00 PM 65
10:00 PM - 7 :00 AM 60
Manufacturing All times 75
Agricultural All times 75
TABLEIC
City Council (Work Sessions)
Use Occupancy Category Time Sound Level Limit (dBA)
Residential 8:00 AM - ] 0:00 PM 60
10:00 PM - 8:00 AM 50
Commercial 8:00 AM - ] 0:00 PM 65
10:00 PM - 8:00 AM 55
Manufacturing All times 70
Noise Sensitive Zone All times 40
TABLEID
Port Orange Adopted Noise Ordinance
Use Occupancy Category Time Sound Level Limit (dBA)
Residential 7:00 AM - 10:00 PM 60
]0:00 PM - 7:00 AM 50
Commercial 7:00 AM - 10:00 PM 65
10:00 PM - 7:00 AM 55
Manufacturing All times 75
Noise Sensitive Zone All times 55
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TABLE IE
Suggested Noise Restrictions
Use Occupancy Category Time Sound Level Limit (dBA)
Residential 8:00 AM - 10:00 PM 60
10:00 PM - 8:00 AM 55
Commercial 7:00 AM - 10:00 PM 65
10:00 PM - 7:00 AM 60
Manufacturing All times 75
Noise Sensitive Zone All times 55
Section Three - 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 of this article:
1. 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 of time 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.
2. 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.
3. The intentional or repeated creation of a noise disturbance through the acceleration, turning
or stopping of any motor vehicle.
4. 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
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 property in or upon which the dog is situated or any other legitimate causes for
which the dog is provoked.
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5. Loading and unloading - Loading and unloading, opening, closing or other handling of
boxes, crates, containers, equipment, building materials, garbage cans, dumpsters or similar
objects between the hours of 7:00 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.
6. Construction or demolition - Operating or causing the operation of any tools used in
construction, drilling, repair, alteration, or demolition work between the hours of 7 :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.
7. 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.
Section Four - Classification of use occupancy
For purposes 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.
Section Five - Measurement standards
The following standards shall be used in the measurement of sound level limits of noise:
1. 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.
2. 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.
F:\ordinances\noise - February 8, 2002 draft
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3. The measurement shall be made at the property line on which such noise is generated, or
perceived, as appropriate, five feet above the ground.
4. 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.
Section Six - 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 300 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.
Section Seven - Enforcement
The Police Department shall have primary enforcement responsibility for this article.
Section Eight - Penalties
1. Criminal - Any person, organization or corporation violating the provisions of this article
shall, upon conviction, be subject 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.
2. 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.
3. 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 city
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 by 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.
F:\ordinances\noise - February 8, 2002 draft
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ALTBRNATB "D" SITE PLAN
WELDON LANDDBVELOPMBNT.1NC_ ":"'~1tt_
ParkTowne Industrial Center
Sale Price and Methodology:
Methods
Sale
Lease
Financing
Price
Phase I
Phase I, II
Marketing Plan:
Maps (area)
Graphics (Park)
Owner's Association Rules
Schedule:
Phase I
Phase II design
Phase II construction
F\notes\parktowne- ED B wkshop
..
.....
ParkTowne Industrial Center
Sale Price and Methodology:
Methods
Sale
Lease
Financing
Price
Phase I
Phase I, II
Marketing Plan:
Maps (area)
Graphics (Park)
Owner's Association Rules
Schedule:
Phase I
Phase II design
Phase II construction
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