875ORDINANCE NO. f73'
AN ORDINANCE RELATING TO NOISE; MAKING
LEGISLATIVE FINDINGS THAT THE PUBLIC
INTEREST AND WELFARE REQUIRE REGULATION
OF NOISE; .PROVIDING FOR DEFINITIONS AND.
MEASUREMENTS OF NOISES; FIXING MAXIMUM
NOISE LEVELS; REGULATING NOISE FROM MOTOR
VEHICLES AND AIRCRAFT: PROVIDING EXEMPTIONS;
PROVIDING FOR SPECIAL PERMITS; PROVIDING
PENALTIES; PROVIDING FOR INJUNCTIVE RELIEF;
PROVIDING FOR MANNER OF CONSTRUCTION; AND
PROVIDING AN EFFECTIVE DATE.
BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF EDGEWATER,
FLORIDA:
SECTION 1. Legislative Findings -- Declaration of
Necessity.
It is found and declared that:
A. The making and creation of excessive, unnecessary
or unusually loud noises within the limits of the City of
Edgewater is a condition which has existed for some time
and the amount and intensity of such noises is increasing;
B. The making, creation or maintenance of such excessive
unnecessary, unnatural or unusually loud noises which are
prolonged, unusual and unnatural in their time, place and
use affect and are a detriment to the.public health, comfort,
convenience, safety, welfare and prosperity of the residents
of the City of Edgewater;
C. The necessity in the public interest for the provisions
and prohibitions hereinafter contained and enacted is declared
as a matter of legislative determination and public policy, and
it is further declared that the provisions and prohibitions herein-
after contained and enacted are in pursuance of and for the
purpose of securing and promoting the public health, comfort,
convenience, safety, welfare and prosperity and the peace and
quiet of the City of Edgewater and its inhabitants.
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SECTION 2. Prohibitions.
It shall be unlawful, except as expressly permitted herein,
to make, cause, or allow the making of any noise or sound which
exceeds the limits set forth in this Ordinance.
SECTION 3. Noise Limitations.
A. Definitions. For the purpose of this Section of this
article, certain words and phrases used herein are defined
as follows:
�1) "A" Band level is the total sound level of all
noise as measured with a sound level meter using the
"A" weighing network. The unit of measurement is the
d B (A) .
(2) Decibel is a unit of level equal to ten (10) times
the logarithm (base 10) of the ratio of any two quantities
proportional to power.
(3) Sound Pressure level, in decibels, of sound is
twenty (20) times the logarithm to the base ten (10) of the
ration of the pressure of this sound to the reference
pressure, which reference pressure must be explicitly stated.
(4) Sound -level meter is an instrument including a
microphone, an amplifier, an output meter, and frequency
weighing networks for the measurement of noise and sound
levels in a specified manner.
(5) Noise level is the sound pressure level as measured
in dB(A) by a sound level meter.
(6) Person is any person, person's firm, association,
co -partnership, joint venture, corporation or any entity public
or private in nature.
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(7) Emergency Work is work made necessary to
protect persons or property from exposure to danger.
(8) All time referred to in this Ordinance shall be
the then current legal time in the City of Edgewater,
Florida.
(9) Daytime defined as 7:00 a.m. to 11:00 p.m.
and Night time from 11:00 p.m. to 7:00 a.m.
(10) All technical definitions are in accordance
with American Standard Sl. 1-1960 entitled Acoustical
Terminology.
B. Classification of Use Occupancies -- Projection of
Noise From One Use to Another.
(1J Classification. For purposes of defining the
..use occupancy", all premises containing habitually
occupied sleeping quarters shall be considered in
Residential Use. All premises containing businesses
where sales, professional, or other commercial use
is legally permitted shall be considered Commercial Use.
All premises where manufacturing is legally permitted shall
be considered Manufacturing Use. In cases of multiple
use, the more restrictive use category shall prevail.
Hospitals, schools and church areas are considered
residential. Any area not otherwise classified shall
conform to commercial standards.
(2) Projection of Noise. Sound or noise projecting
from one use occupancy into another use occupancy with
a different noise level shall exceed neither the limits of
the use occupancy into which the noise is projected nor
the noise limits of the use occupancy from which the noise
originates.
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C. Measurement of Noise.
(1) The measurement of sound or noise shall be made
with a sound level meter meeting the standard prescribed by the
American National Standards Institute, S1.4 American
National Standards Specifications for Sound Level Meters.
The instruments shall be maintained in calibration and
good working order. A calibration check shall be made of
the system at the time of any noise measurement.
Measurements recorded shall be taken so as to provide a
proper representation of the noise source. The microphone
during measurement shall he positioned so as not to create
any unnatural enhancement or diminution of the measured
noise. A windscreen for the microphone shall be used at
all times.
(2) The slow meter response of the sound level meter
shall be used in order to best determine the average amplitude.
(3) The measurement shall be made at any point on the
property into which the noise is being transmitted and shall
be made at least three (3) feet away from any ground, wall,
floor, ceiling, roof and other plane surface.
(4) In case of multiple occupancy of a property, the
measurement may be made at any point inside the premises
to which any complainant has right of legal private occupancy;
provided, that the measurement shall not be made within
three (3) feet of any ground, wall, floor, ceiling, roof or
other plane surface.
(5) All noise measurements provided for in this Ordinance
will be made by designated officials of the City who are
qualified to operate the apparatus used to make the measure-
ments as provided for in this Ordinance.
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D. Tables of Noise Level Limits.
(1) Table 1. Table 1 specified noise level limits
in dB(A) which if exceeded will have a high probability
of producing permanent hearing loss in anyone in the
area where the noise levels are being exceeded. No
noise shall be permitted within the City which exceeds
in duration or noise level that as stated in Table 1 as
follows:
TABLE I
PERMISSIBLE NOISE EXPOSURES *
Duration per day, Noise level
continuous hours dBA
B-----------------------------------------
90
B-----------------------------------------
92
4-----------------------------------------
95
3-----------------------------------------
97
2-----------------------------------------
100
1/2-----------------------------------------
102
1-----------------------------------------
105
14-----------------------------------------
110
1/4 or less ----------------------------------
115
* When the daily noise exposure is composed of
two or more periods of noise exposure at different
levels, their combined effect should be considered,
rather than the individual effect of each. If the
sum of the following fractions:
C 1/Tl + C 2/T2 . . . . Cn/Tn exceeds unity, then,
the mixed exposure should be considered to exceed
the noise level limit value. Cn indicates the total
time of exposure at a specified noise level, and Tn
indicates the total time of exposure permitted at
that level.
If the device producing the noise whose noise levels
are in excess of Table I cannot be toned down so that the
noise levels are less than those in Table I, then protection
should be provided for those in the area of the noise. The
protection must reduce the noise level to below the limits
of Table I and must not, itself, produce a safety hazard.
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Procedures must exist which guarantee that the people in the
area of the noise will use the protection.
(2) Table H. Table II specifies noise levels which
represent limits which if exceeded interfere with the peace,
quiet, and general welfare of the City and its inhabitants.
No noise shall be permitted within the City which exceeds the
noise level limits of Table II, except as expressly authorized by
this Ordinance.
TABLE II
MAXIMUM ALLOWABLE NOISE LEVEL LIMITS
IN dB(A) FOR RESIDENTIAL, COMMERCIAL
AND MANUFACTURING OCCUPANCIES.
These levels may not be exceeded for more than 3
Cumulative Minutes out of any continuous 60
minute period.
District Day Night
Residential 61 55
Commercial 66 60
Manufacturing 71 65
E. Motor Vehicles. It shall be unlawful to operate a motor
vehicle, or combination of vehicles towed by such motor vehicle
which createsa noise or sound which exceeds the noise level
limits in Table II except when said vehicle (s) are traveling on
public streets, highways, driveways, parking lots, and ways
open to vehicle travel. It shall be unlawful to operate a motor
Vehicle in such manner as to exceed the noise level limits of
Table III when the vehicle is operating on public streets, high-
ways, driveways, parking lots, and ways open to vehicle travel.
Normal operation included normal acceleration, deceleration and
operation at maximum normal speeds in all gears and ranges up
to the speed limits currently effective on those streets of the
City over which the vehicles may be operated.
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TABLE III
NOISE LEVEL LIMITS
FOR MOTOR VEHICLES
(a) Trucks and Buses:
85 dB(A) measured 50 feet from the source.
(b) Passenger Cars, Motorcycles and Other
Motor Vehicles:
79 dB(A) measured at 50 feet from the source.
* The measurement is made as the vehicle drives
past. If the reading is above that listed in (a) or (b)
of Table III at anytime, the vehicle is in violation of
the Ordinance. All distances are measured from the
center of vehicle of center of driving lane in which
the vehicle is being driven.
F. Enclosed Places of Public Entertainment.
It shall be unlawful to sustain in any enclosed place of
entertainment to which the public is invited, including,
but not limited to, a restaurant, bar, cafe, discoteque, or
dance hall, any noise level equal to or in excess of the stan-
dards listed in Table I.
G. Exemptions. The following uses and activities shall
be exempt from noise level regulations except as listed in
Table I.
(1) Air conditioners and lawn mowers are exempt
from provisions of Table II of this Ordinance when this
equipment is functioning in accord with the manufacturers
specifications and with all manufacturers mufflers and
noise reducing equipment in use and in proper operating
condition.
(2) Non -amplified crowd noises resulting from the
activities such as those planned by student, governmental
or community groups.
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(3) Construction operations for which building
permits have been issued, or construction operations
not requiring permits due to ownership of the project by
an agency of government; providing such equipment is
operated in accord with the manufacturers specifications
and with all manufacturers mufflers and noise reducing
equipment in use and in proper operating condition.
(4) Noises of safety signals, warning devices, and
emergency pressure relief valves.
(5) Noises resulting from any authorized emergency
vehicle when responding to an emergency call or acting
in time of emergency.
(6) Noises resulting from emergency work as defined
in Section 3A (7).
(7) Any other noiseresulting from activities of a
temporary duration permitted by law and for which a license
or permit therefore has been granted by the City in
accordance with Section 3A. Regulation of noises emanting
from operations under permit shall be according to the
conditions and limits stated on the permit and contained in
Section 3A.
(8) Noises made by persons having obtained a permit
to use the streets are exempt from Table II.
(9) Any aircraft operated in conformity with, or
pursuant to, federal law, federal air regulations, and air
traffic control instruction used pursuant to and within the
duly adopted federal air regulations shall be exempt from
the provisions of Section 3 as well as other regulations of
this Ordinance. Any aircraft operating under technical
difficulties in any kind of distress, under emergency orders of
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air traffic control of being operated pursuant to and
subsequent to the declaration of any emergency under
federal air regulations are also exempt.
(10) All noises coming from the normal operations
of railroad trains are exempt from Table H.
H. Special Permits. Applications for a permit for relief
from the maximum allowable noise level limits designated in
this Ordinance except from Table I may be made in writing to
the City Council. Any permit granted by the City Council
hereunder must be in writing and shall contain all conditions
upon which said permit shall be effective. The City Council
may grant the relief as applied for under the following
conditions:
(1) The City Council may prescribe any reasonable
conditions or requirements it deems necessary to
minimize adverse effects upon the community or the
surrounding neighborhood, including use of mufflers,
screens or other sound attenuating devices.
(2) Permits for Entertainment.
Permits may be granted for the purpose of entertainment
under the following conditions:
(a) The function must be open to the public
(admission may be charged).
(b) The function must take place on public
property.
(c) The permit will be given for only four (4)
hours in one 24-hour day.
(d) The function must be staged between the hours
of nine (9) a.m. and twelve (12) midnight.
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(3) Other. Special permits for non -entertainment
special purposes may be issued under the following
conditions.
(a) (i) If the special purpose relates to the
operation of a trade or business that the special
purpose not be in the ordinary course of that
trade or business; or,
(ii) If the special purpose does not
relate to the operation of a trade or business, that
the special purpose not be an ordinary event in the
affairs of the applicant; and,
(b) If the special purpose be a recurring
purpose, that it not recur more often than four
times each calendar year; and,
(c) (i) That the special purpose be absolutely
necessary to the operation of the applicant's trade or
business; or,
(ii) If the special purpose does not relate
to the operation of a trade or business, that the
special purpose be compatible with the ordinary
activities of the neighborhood in which the special
purpose is to occur; and,
(d) Except in emergency situations, as determined
by the City Council, the special permit may be issued
only for hours between 7 a.m. and 11 p.m. on week
days;and,
(e) Special permits may be issued for no longer
than one week, renewable by further application to
the City Council.
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(4) No permit may be issued to permit the use of
any loudspeaker or sound device on the exterior of any
building which at any time exceeds the noise level limits
in Table II except those used for emergency warnings.
SECTION 4. Noises Prohibited - Unnecessary Noise Standard -
Statement of Intent - Sworn Complaint Required
A. Some sounds may be such that they are not measurable
by the sound pressure level meter or may not exceed the limits
of Table I, II, or III, but they may be excessive, unnatural,
prolonged, unusual and are a detriment to the public health,
comfort, convenience, safety, welfare and prosperity of the
residents of the City of Edgewater.
Noises prohibited by this Section 4 are unlawful notwith-
standing the fact that no violation of Section 3 is involved,
and notwithstanding the fact that the activity complained about
is exempted in Section 3G.
Thus, the following acts, among others, are declared to be
loud, disturbing and unnecessary noises in violation of this
Ordinance, but said enumeration shall not be deemed to be
exclusive, namely:
(1) The sounding of any horn or signaling device on
any automobile or other vehicle, except as a danger warning;
the creation by means of any signaling device of any unreasonably
loud or harsh sound, the sounding of any signaling device for any
unnecessary and unreasonable period of time; and the unreasonable
use of any signaling device.
(2) The using, operating, or permitting to be played,
used or operated any radio, television, tape or record player,
amplifier, musical instrument, or other machine or device used for the
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production, reproduction or emission of sound, any
prolonged sounds made by people, and the keeping of
any animal or bird which by causing frequent or long
continuous noise in such manner as to disturb the
public peace, quiet and comfort of the neighboring inhabitants
or at any time with greater intensity than is necessary for
convenient hearing for the person or persons who are in the
room, vehicle, or chamber in which such sound emitter is
operated and who are voluntary listeners thereto. Quieter
standards are expected during nighttime hours.
B. Any person making a complaint under this Section shall
be required to sign a sworn complaint either prior to or immediately
after an arrest is made, otherwise no such complaint will be
honored.
SECTION 5. Violations - Penalties
A. Those violating noise limits set forth in this Ordinance
shall first be issued an official warning advising them of their
violation of the provisions of this Ordinance and they shall be
given one opportunity to comply.
B. (1) Any person violating any of the provisions of this
Ordinance after having not complied with an official warning
shall upon conviction thereof be subject to the penalties
designated in the City of Edgewater Code of Ordinances,
Section 1-8. Each day such violation is committed or permitted
to continue shall constitute a separate offense and shall be
punishable as such hereunder.
(2) When a device produces noise levels in excess of
those shown in Table I, the City Council shall immediately notify
the operator of such device that it is a health hazard and shall
have power and authority to have the device toned down or removed
until it can be toned down or eliminated.
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(3) Upon conviction of being in violation of this
Ordinance three times for the same offense within a
twelve month period, when such noise is created by
the same noise emitter or same type of noise emitter, the
noise creating equipment shall be confiscated by the Court
following such later conviction until such time as the offender
can prove to the City Council that he is prepared to, and,
in fact, will operate said equipment within the limits of
this Ordinance. Further violation shall result in the
permanent confiscation by the Court upon such conviction.
C. The owner of property, a tenant, a lessee, a manager,
an overseer, an agent or any other person or persons entitled to
lawfully possess such property at the particular time involved
shall each be responsible for compliance with this Ordinance
and each may be punished for violation of this Ordinance. It
shall not be a lawful defense to assert that some other person
caused such noise, but the lawful possessor of the premises
shall be responsible for operatiing or maintaining such premises
in compliance with this Ordinance and shall be punished
whether or not the person actually causing such noise is also
punished.
SECTION 6. Additional Remedy - Iniunction.
The operation or maintenance of any device, instrument, vehicle
or machinery in violation of any provisions hereof endangers the comfort,
repose, health and peace of residents in the area is declared to be a
public nuisance and may be subject to abatement summarily by a
restraining order or injunction issued by a court of competent jurisdiction.
SECTION 7. Manner of Construction.
It is the intention of the City Council that each separate provision
of this Ordinance shall be deemed independent of all other provisions
herein, and it is further the intention of the City Council that if any
provisions of this Ordinance be declared invalid, all other provisions
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thereof shall remain valid and enforceable.
SECTION B. Repealed Provision.
Sections 18-21, 22 and 23 of the City of Edgewater Code of
Ordinances relating to prohibitions of certain sounds and the authority
of the City Council in connection with same and all Ordinances, or
parts of Ordinances, in conflict herewith are to the extent of such conflict
hereby repealed.
SECTION 9. Explanation of Tables, Symbols, Calculations,
Measurements, Etc.
The Environmental Protection Agency has recently declared that
noise is an insidious form of pollution that may affect at least 80 million
Americans.. It is the intensity of the noise that is producing the harmful
effects. What is the measure of intensity? The decibel is a measure
of the relative intensity of a noise, and the decibel is abbreviated dB.
There are many decibel scales, but the one which is used in reference
to the human ear is the dB(A) or "A" scale.
The dB(A) scale is a logarithmic scale. This means that if the
amount of noise is doubled, then there has been an increase of 6 dB(A);
if there is four times as much noise, then there has been a 12 dB(A) increase,
etc. Thus, if a noise was increased from 45 dB(A) to 90 dB(A), the intensity
has not doubled but has increased a thousandfold.
Zero (0) dB(A) represents the faintest sound which a human can
detect, while 140 dB(t) represents the maximum noise level that the
human ear can tolerate. That is, any noise, no matter of what duration,
which is 140 dB(A) will cause some permanent inpairment to hearing.
However, the same type of hearing damage can occur if one is repeatedly
exposed to 90 dB(A) for eight (8) hours a day. In other words, it is both
the intensity of the noise and the length of exposure time that is crucial.
Therefore, we can tolerate a very intense noise for a short period of
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time and a less intense noise for a longer period of time. Table 1 of
the Ordinance shows the length of time at various noise levels that
the Federal Government has declared to be harmful if one is repeatedly
exposed. If one is exposed to one or a combination of these levels for
the time shown or for a longer period of time, then he runs the risk
of incurring permanent hearing loss.
The footnote to Table I of the Ordinance described the method
by which several separate exposures to different sound levels during
a day are to be treated in determining whether nor not the combined
exposure is within permissible limits.
As an illustration, assume that an employee works six (6) hours
of an eight (8) hour day in an area in which the sound level is 90 dB(A)
but one and three-quarter hours in each day he is in an area of 100 dB(A),
and for fifteen (15) minutes each day he is in an area of 105 dB(A). This
adds up to six (6) hours at 90 dB(A): permissible limits.
As an illustration, assume that an employee works six (6) hours
of an eight (8) hour day in an area in which the sound level is 90 dB(A)
but one and three-quarter hours in each day he is in an area of 100
dB(A) , and for fifteen (15) minutes each day he is in an area of 105 dB(A).
This adds up to six (6) hours at 90 dB(A): permissible duration of
exposure, 8 hours; one and three-quarter (1 3/4) hours at 100 dB (A):
permissible exposure, 2 hours; and one -quarter (1/4) hour at 105 dB(A):
permissible exposure, 1 hour. Tabulating it, we have:
Actual time
Permissible time
The ration of actual
from Table I
time to permissible
time
dBA
C
T
Cn/Tn
(Table I)
(hours)
(hours)
90
6
8
6/8
100
1 3/4
2
1 3/4/2 = 7/8
105
1/4
1
1/4/1 = 2/8
Total = 6/8 + 7/8 +
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2/8 = 15/8 = 1.87
Putting these values into an equation, we get:
6/8 + 1 .75/2 + 0.25/1 = 6/8 + 7/8+ 2/8 = 15/8 = 1.87
(this is greater than one (1) ). Since this total exceeds unity (1),
the daily exposure is above the permissible limit, even though the
total exposure at each sound level is below the permissible
duration for that level.
Table II describes levels for certain areas in the city and for
night and day. These limits, if exceeded, would produce annoyance
within the neighborhood. Table III sets limits for motor vehciles.
Vehicles are the most significant noise makers and their intensity
warrants a special table.
The intensity of a noise is measured with a sound pressure
level meter which registers the intensity of the noise in dB(A). The
meter is read by noting the deflection of a needle. Since the needle
fluctuates it takes time to obtain a reliable measure. Thus, according
to the Ordinance, the noise level must be measured for three (3)
cumulative minutes in an hour.
The sound pressure level meter is an accurate way to measure
noise intensity. It is an objective measuring tool, and thus its use
avoids the subjective estimates and arguments previously used in noise
ordinances.
SECTION 10. That all Ordinances or parts of Ordinances and
all Resolutions or parts of Resolutions in conflict herewith be and the
same are hereby repealed.
SECTION 11. This Ordinance shall take effect immediately upon
its adoption by the City Council and approval by the Mayor at second
reading.
SECTION 12. The City Clerk is hereby directed to advertise this
Ordinance as required by law.
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The first reading of the above Ordinance was read in full and
passed by vote of the City Council of the City of Edgewater, Florida
at a regular meeting of said Council held on the 4th day of
March , 1974 and approved as provided by law.
The second reading of said Ordinance to be at a Reqyl ar
meeting of the City Council to be held on the 1st day of Apri 1 ,
A.D., 1974, roll call vote being as follows:
ATTEST
/G ILLGGCiGGtG�-
Ma
FIRST READING r�r uQncilman
Councilman
SECOND READING
Councilman /
I
Approved this is' day or
April A.D., 1974.
Mayor
This Ordinance was prepared by:
Joseph E. Weaver, City Attorney. -17