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NOISE CONTROL
§ 91.15 PURPOSE AND SCOPE.
   (A)   The purpose of this section is to regulate and reduce the ambient sound levels originating within the city in order to preserve, protect and promote the public health, safety and welfare, and the peace and quiet of the inhabitants of the city, prevent injury to human, plant and animal life and property, foster the convenience and comfort of its inhabitants, and facilitate the enjoyment of the natural attractions of the city. It is the public policy of the city that every person is entitled to ambient sound levels that are not detrimental to life, health and enjoyment of his or her property. It is hereby declared that the making, creation or maintenance of excessive or unreasonable sound within the city affects and is a menace to the public health, comfort, convenience, safety, welfare and the prosperity of the people of the city. The provisions and prohibitions hereinafter contained and enacted are for the above-stated purpose.
   (B)   This section shall apply to the control of all sound originating within the city limits of the City of Lake Mary.
   (C)   This section does not apply to those noises, the control of which is expressly preempted by federal law including, but not limited to, the Noise Control Act of 1972, codified at 42 U.S.C. §§ 4901 et seq., related to those noises created by aircraft, railroad carriers and interstate motor carriers, as defined by federal law. This section also does not apply to those noises, the control of which is expressly preempted by state law including, but not limited to, motor vehicle noise under F.S. § 403.415.
(Ord. 1218, passed 11-2-06)
§ 91.15.1 DEFINITIONS.
   All terminology used in this section not defined below shall be in conformance with applicable publications of the American National Standards Institute (ANSI).
   “A-WEIGHTED SOUND LEVEL.” The sound pressure level in decibels as measured on a sound level meter using the A-weighting network. The level so read is designated dB(A) or dBA.
   “AMBIENT NOISE LEVEL.” The sound pressure level, in decibels, as measured on a sound level analyzer using the A-weighting network that represents the existing noise level of all surrounding sources.
   “ANSI.” The American National Standards Institute.
   “COMMERCIAL DISTRICT.” Those areas zoned and designated for commercial uses on the city's official zoning map (including, but not limited to, PO, C-1, C-2), and/or future land use map or areas where commercial uses exist.
   “CONSTRUCTION.” Any site preparation, assembly, erection, substantial repair, alteration, or similar action, but excluding demolition, for or of public or private rights-of-way, structures, utilities or similar property.
   “DECIBEL (dB).” A unit for measuring the volume of sound, equal to 20 times the logarithm to the base of the ratio of the pressure of the sound measured to the reference pressure, which is 20 micropascals (20 micro-newtons per square meter).
   “DEMOLITION.” Any dismantling, intentional destruction or removal of structures, utilities, public or private right-of-way surfaces, structures or similar property.
   “EMERGENCY.” Any occurrence or set of circumstances involving actual or imminent 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.
   “EQUIVALENT A-WEIGHTED SOUND LEVEL (Leq).” The constant sound level that, in a given situation and time period, conveys the same sound energy as the actual time-varying A-weighted sound.
   “EXCEPTION.” Any sound emitted for the purpose of alerting persons to the existence of any emergency, or the emission of sound in the performance of emergency work.
   “EXEMPTION.” Any person or persons seeking through the City Commission relief from the obligations of this section.
   “IMPULSIVE SOUND.” Sound of short duration, usually less than one second, with an abrupt onset and rapid decay. Examples of sources of impulsive sound include, but are not limited to, explosions, drop forge impacts, and the discharge of firearms.
   “INDUSTRIAL DISTRICT.” Those areas zoned and designated for industrial use on the city's official zoning map (including, but not limited to, M-1A, M-2A) and/or future land use map or areas where industrial uses exist.
   “MOTOR VEHICLE.” Any vehicle which is defined as a "motor vehicle" by F.S. Ch. 316.
   “MOTORBOAT.” Any vessel which operates on water and which is propelled by a motor, including, but not limited to, boats, barges, amphibious crafts, water ski towing devices and hover crafts.
   “MOTORCYCLE.” Any "motorcycle" as defined in F.S. Ch. 316.
   “MUFFLER” or “SOUND DISSIPATIVE DEVICE.” A device for abating the sound of escaping gases of an internal combustion engine.
   “NOISE.” Any unwanted sound which annoys or disturbs humans or which causes or tends to cause an adverse psychological or physiological effect on humans.
   “NOISE DISTURBANCE.” Any sound which:
      (1)   Endangers or injures the safety or health of humans or animals; or
      (2)   Annoys or disturbs a reasonable person of normal sensitivities; or
      (3)   Endangers or injures personal or real property; or
      (4)   Is loud, raucous and unseemly.
For purposes of this definition, any sound that exceeds the maximum permissible sound levels set forth in § 91.18 shall constitute a noise disturbance per se. It is the intent and purpose of this definition that sounds that either meet the aforesaid criteria or exceed the sound levels in § 91.18 or both shall constitute a violation of this chapter.
   “NOISE SENSITIVE ZONE.” Any area designated by the City Commission for the purpose of ensuring exceptional quiet in accordance with § 91.16(B)(6), such as, but not limited to, schools, courts, churches, hospitals, and other convalescent areas, and residential districts from 10:00 p.m. Friday to 10:00 p.m. Sunday.
   “OCTAVE BAND.” The sound pressure level of a defined frequency band with the reference pressure being 20 micro-newtons per square meter. As used in this section, these are defined in Table 1 of this subchapter.
   “PERSON.” Any individual, association, partnership, corporation, entity or agency including any officer and employee thereof.
   “POWERED MODEL VEHICLE.” Any self- propelled airborne, waterborne, or land borne plane, vessel, or vehicle, which is not designed to carry persons, including, but not limited to, any model airplane, boat, car or rocket.
   “PROPERTY LINE.” An imaginary line along the surface of land or water, and its vertical plane extension, which separates the real property owned, rented or leased by a person from the real property owned, rented or leased by another person.
   “PUBLIC RIGHT-OF-WAY.” Any street, avenue, boulevard, highway, sidewalk or alley or similar place which is owned or controlled by a governmental entity.
   “PUBLIC SPACE.” Any real property or structures thereon which are owned or controlled by a governmental entity.
   “PURE TONE.” Any sound which can be distinctly heard as a signal pitch or a set of single pitches. For the purposes of the section, a pure tone shall exist if the one-third octave band sound pressure level in the band with the tone exceeds the arithmetic average of the sound pressure levels of the two contiguous one-third octave bands by 5 dB for center frequencies of 500 Hz and above and by 8 dB for center frequencies between 160 and 400 Hz and by 15 dB for center frequencies less than or equal to 125 Hz.
   “RESIDENTIAL DISTRICT.” Those areas zoned and designated for residential uses on the city's official zoning map (including, but not limited to, R-CE, R-1AAA, R-1AA, R-1A, R-2, R-3, RM, DC, and PUD residential) and/or future land use map or areas where residential uses exist.
   “RMS SOUND PRESSURE.” The square root of the time averaged square of the sound pressure, denoted P rms .
   “SOUND.” An oscillation in pressure, particle displacement, particle velocity or other physical parameter, in a medium with internal forces that causes compression and rarefaction of that medium. The description of sound may include any characteristic of such sound, including duration, intensity and frequency.
   “SOUND LEVEL.” The weighted sound pressure level obtained by the use of a sound level meter and frequency weighting network, such as A, B, or C as specified in American National Standards Institute specifications for sound level meters (ANSI S1.4 - 1971, or the latest approved revision thereof). If the frequency weighting employed is not indicated, the A-weighting shall apply.
   “SOUND LEVEL ANALYZER.” An instrument which includes a microphone, amplifier, RMS detector, integrator or time average, output meter, and weighting networks used to measure sound pressure levels.
   “SOUND PRESSURE.” The instantaneous difference between the actual pressure and the average or barometric pressure at a given point in space, as produced by sound energy.
   “SOUND PRESSURE LEVEL.” Twenty times the logarithm to the base 10 of the ratio of the RMS sound pressure to the reference pressure of 20 micropascals (20 x 10-6 N/m2). The sound pressure level is denoted Lp or SPL and is expressed in decibels.
   “SUSTAINED NOISE.” A sound pressure level which remains essentially constant during the period of observation.
   “WEEKDAY.” Any day Monday through Friday, which is not a legal holiday.
(Ord. 1218, passed 11-2-06)
§ 91.15.2 POWERS AND DUTIES.
   (A)    Lead agency or official. The noise control program established by this subchapter shall be administered by the City Police Department and Code Enforcement Division.
   (B)   Powers of Lake Mary Police Department and Code Enforcement Division. In order to implement and enforce this section and for the general purpose of sound and vibration abatement and control, the Police Department and Code Enforcement Office shall have, in addition to any other authority vested by state or federal law, the power to:
      (1)   Conduct, or cause to be conducted, research, monitoring, and other studies related to sound and vibration;
      (2)   Conduct programs of public education and encourage the participation of the public regarding:
         (a)   The causes, effects and general methods of abatement and control of noise and vibration;
         (b)   The actions prohibited by this subchapter and the procedures for reporting violations.
      (3)   Coordinate the noise and vibration control activities of all municipal departments.
      (4)   Review public and private projects, subject to mandatory review or approval by the city, for compliance with this subchapter, if such projects are likely to cause sound or vibration in violation of the subchapter.
      (5)   Conduct inspections, specifically, to:
         (a)   Upon presentation of proper credentials, enter and inspect any private property or place to determine compliance with this subchapter, when granted permission by the owner, or by some other person with apparent authority to act for the owner or pursuant to an inspection warrant;
         (b)   Conduct sound level measurements at defined property lines located within the city, and issue a notice of violation, civil citation and/or abatement order to compel compliance with this subchapter;
         (c)   Allow the Police Department to stop any motor vehicle, motorcycle, or motorboat operated on a public right-of-way, public space, or public waterway reasonably suspected of violating any provision of this subchapter, and issue a notice of violation or abatement order which may require the motor vehicle, motorcycle or motorboat to be inspected or tested as the officer may reasonably require to ensure compliance with law.
      (6)   Require the owner or operator of any commercial or industrial activity to measure the sound level of or the vibration from any source in accordance with the methods and procedures required by this section and at such locations and times deemed reasonably necessary to ensure compliance with this subchapter.
      (7)   In accordance with division (B)(5), and other provisions of this subchapter, investigate and pursue possible violations of this subchapter.
(Ord. 1218, passed 11-2-06)
§ 91.16 PROHIBITED ACTS.
   (A)   General--Noise disturbances prohibited. No person shall unreasonably make, continue, or cause to be made or continued, any noise disturbance. Non- commercial public speaking and public assembly activities conducted on any public space or public right-of-way shall be exempt from the operation of this division.
   (B)   Specific--Noise disturbances prohibited. The following acts, and the causing thereof, are declared to be in violation of this section:
      (1)   Electronic device; musical instruments. Operating, playing or permitting the operation or playing of any radio, television, phonograph, drum, musical instrument, sound amplifier, or similar device which produces, reproduces, or amplifies sound:
         (a)   Between the hours of 10:00 p.m. and 7:00 a.m. of the following day in such a manner as to create a noise disturbance across a real property boundary or within a noise sensitive zone, except for activities open to the public and for which a special event exemption has been issued by the city according to the criteria set forth in § 91.17(B).
         (b)   In such a manner as to create a noise disturbance at 25 feet from such device, when operated in or on a motor vehicle on a public right-of-way or public space, or in a boat on public waters;
         (c)   In such a manner as to create a noise disturbance to any person other than the operator of the device, when operated by any passenger on a common carrier.
      (2)   Loudspeakers. Using or operating any loudspeaker, public address system, or similar device:
         (a)   For any noncommercial purpose between the hours of 10:00 p.m. and 7:00 a.m. of the following day, such that the sound therefrom creates a noise disturbance across a residential real property boundary or within a noise sensitive zone;
         (b)   For any commercial purpose:
            1.   Such that the sound therefrom creates a noise disturbance across a real property boundary or within a noise sensitive zone; or
            2.   Between the hours of 10:00 p.m. and 7:00 a.m. of the following day on a public right-of-way or public space.
      (3)   Yelling, shouting. Disturbing or raucous singing, yelling, shouting, hooting, or whistling on public streets or any place affecting other citizens at any time so as to annoy or disturb the quiet, comfort, or repose of neighboring residents or persons of normal sensitivity within the area for whatever reason is prohibited. The occurrence of such conduct between the hours of 10:00 p.m. and 7:00 a.m. shall be prima facie evidence of violation of this section.
      (4)   Animals; birds. Having control and possession of any animal or bird which frequently or for continued duration, howls, barks, meows, squawks, or makes other sounds which create a noise disturbance across a residential real property boundary or within a noise sensitive zone. (This provision shall not apply to public zoos and public paw parks).
      (5)   Construction for which a permit is required. Operating or permitting the operation of any mechanically powered tools or equipment used in construction, drilling, or demolition work for which a permit is required between the hours of 10:00 p.m. and 7:00 a.m. of the following day is prohibited. Sound levels created by construction, drilling, or demolition activities shall not cause a noise disturbance at or across a real property boundary, except for bona fide emergency work or by special exemption issued pursuant to this section;
      (6)   Schools, courts, churches, hospitals. The creation of any noise exceeding the noise level for the noise sensitive zones established by this section or by resolution of the City Commission, on any street adjacent to any school, institution of learning, church, or court while these are in use, or adjacent to any hospital or other convalescent area, which interferes with the working of the institution, or which disturbs or unduly annoys patients in the hospital. Residential districts shall be considered noise sensitive zones from Friday at 10:00 p.m. to Sunday at 10:00 p.m. Conspicuous signs shall be displayed in these streets indicating that the street is a noise sensitive zone.
      (7)   Vehicle and boat repairs. Repairing, rebuilding, modifying, or testing any motor vehicle, motorcycle, or motorboat in such a manner as to cause a noise disturbance across a residential real property boundary or within a noise sensitive zone.
      (8)   Places of public entertainment. Operating, playing, or permitting the operation or playing of any radio, television, phonograph, drum, musical instrument, sound amplifier, or similar device which produces, reproduces, or amplifies sound in any place of public entertainment at a sound level greater than the maximum permissible limit measured at the property line for commercially zoned areas.
      (9)   Explosives; firearms. Using or firing explosives, firearms, or similar devices which create impulsive sound so as to cause a noise disturbance across a real property boundary or on a public space or right-of-way (without first obtaining a special event exemption pursuant to this section.)
      (10)   Model vehicles. Operating or permitting the operation of powered model vehicles so as to create a noise disturbance across a residential real property boundary, in a public space or within a noise sensitive zone between the hours of 10:00 p.m. and 7:00 a.m. of the following day.
      (11)   Motorboats. Operating or permitting the operation of any motorboat in any lake, river, stream, or other waterway in such a manner as to create a noise disturbance at 50 feet or the nearest shoreline, whichever distance is less.
(Ord. 1218, passed 11-2-06) Penalty, see § 91.99(E)
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