(A) Unless exempted by this chapter, preempted by state or federal law or as provided in a special event permit, the following are hereby prohibited:
(1) No person shall produce cause to be produced, or allow to be produced, by any means, any noise within any private property that is plainly audible at a distance of seventy-five (75) feet or more, measured from the real property line of the property from which the noise is generated or exceeds the maximum sound limits as established in Table 1.
(2) No person shall generate any noise on the public right-of-way that is plainly audible at a distance of seventy-five (75) feet or more, vertically or horizontally from the source or that exceeds the sound levels as provided in Table 1.
(3) 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 measure at the property line for commercially zoned areas.
(4) The blowing of any locomotive steam whistle or steam whistle attached to any stationary boiler, except to give notice of the time to begin or stop work, or as a warning of fire or danger, or upon request of the proper municipal authorities.
(5) The operation between the hours of 6:00 p.m. and 7:00 a.m. of any pile driver, steam shovel, pneumatic hammer, derrick, steam or electric hoist or other appliance, the use of which is attended by loud or unusual noise.
(6) The operation of any noise-creating blower or power fan for any internal-combustion engine, the operation of which causes noise due to the explosion of operating gases or fluids, unless the noise from such blower or fan is muffled and such engine is equipped with a muffler device sufficient to deaden such noise.
(7) The use of any automobile, motorcycle or vehicle so out of repair, so loaded or in such manner as to create a loud and unnecessary grating, grinding, rattling or other noise.
(8) It shall be unlawful to operate lawn mowers, edgers, trimmers and power-driven hedge shears in the city between the hours of 7:00 p.m. and 7:00 a.m. the following day.
(B) The following actions are prohibited only when causing a noise disturbance as defined in this chapter:
(1) No person shall repair, rebuild, modify or test any motor vehicle, motorcycle or motorboat in such a manner as to cause a noise disturbance across a real property boundary.
(2) The sounding of any horn or signaling device on any automobile, motorcycle, streetcar or other vehicle on any street or public place of the city, except as a danger warning.
(3) The using, operating or permitting to be played, used or operated of any radio receiving device, musical instrument, phonograph, loudspeaker, sound amplifier, or other machine or device for the producing or reproducing of sound which is broadcast upon the public streets for the purpose of commercial advertising or attracting the attention of the public to any building or structure is only prohibited when causing a noise disturbance.
(4) Yelling, shouting, hooting, whistling, or singing on the public streets, particularly between the hours of 11:00 p.m. and 7:00 a.m.
(5) The discharge into the open air of the exhaust of any steam engine, stationary internal combustion engine, generator, motorboat, or motor vehicle, except through a muffler or other device which will effectively prevent loud or explosive noises from the same.
(6) The creation of any noise disturbance within seventy-five (75) feet of the property line of any school, institution of learning, church or court while the school, institution of learning, church or court is in use, provided that the public streets or sidewalks adjacent to such facilities shall be clearly marked by signs identifying those areas. The signs must be erected and maintained in some conspicuous place on every street, avenue or alley in the vicinity of the establishment indicating that the same is a "Quiet Zone." The signs must meet and conform to the procedures and restrictions in Chapter 178, Sign Ordinance of the City of Palm Bay, Florida.
(Ord. 2020-56, passed 9-17-20)