Agenda 12/16/2008 Item # 8A
Agenda Item No. 8A
December 16, 2008
Page 1 of 43
EXECUTIVE SUMMARY
Recommendation to consider adoption of an ordinance to amend Collier County's Noise
Ordinance (Ordinance No. 90-17, as amended).
OBJECTIVE: To have the Board of County Commissioners consider adoption of an Ordinance to
amend Collier County's Noise Control Ordinance (Ordinance No. 90-17, as amended).
CONSIDERATIONS: On September 11, 2007, the Board of County Commissioners authorized the
Code Enforcement Director to review the County's Noise Control Ordinance for potential
amendment.
Consistent with this direction, the Code Enforcement Depar1ment enlisted the services of Lisa Schott,
President and Principal Acoustical Consultant of Quietly Making Noise, a noise consulting firm ba~ed
in Orlando. Between late 2007 and early 2008, the Code Enforcement Depar1ment worked with Ms.
Schott and made several proposed revisions to the ordinance.
Following this effort, in late April 2008, the draft ordinance was presented to the County Attorney's
Office for legal sufficiency review. Since that time, the County Attorney's Office, along with staff
from various depar1ments within the Community Development and Environmental Services Division,
have been working with Ms. Schott and various interested parties on the proposed amendments and
related legal and technical concerns.
As part of this effort, the draft ordinance was widely distributed for input and comment. In addition to
extensive internal review by County staff and Ms. Schott, the Sheriffs Office, Greater Naples
Chamber of Commerce, development community, and private citizens have provided input.
On July 17, 2008, the draft ordinance was first presented to the Collier County Planning Commission
for their review and input. Although the Planning Commission is not charged with reviewing the
County's Noise Control Ordinance, the Planning Commission provided input in conjunction with their
review of a draft outdoor seating ordinance (pursuant to the Board of County Commissioners'
February 19, 2008 direction).
On October 16, 2008, an updated draft (incorporating the Planning Commission's July 17th
suggestions) was presented to the Planning Commission. As a result of the Planning Commission
meetings, further changes were recommended. An updated ordinance was placed on the Planning
Commission's November 6, 2008 Consent Agenda, and the item was again heard and discussed by
the Plamllng Commission. On November 20, 2008, the Planning Commission recommended
approval of the attached amended ordinance (on their Consent Agenda), and in doing so,
recommended "dismissal" of the draft outdoor seating ordinance.
As evident from the attached amended ordinance (in underline-strikethrough format), notable changes
in the draft ordinance include the following:
1. General updating and modemizing of the ordinance;
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Agenda Item No. SA
December 16, 2008
Page 2 of 43
2. Replacement of the "octave band" scheme of measurement with "C-weighted" noise
readings, to simplify enforcement and improve capture oflow-frequency noise;
3. Change of blanket human voices exemption in favor of "reasonable use" exemption (page
25, Section 7 .N);
4. Removal of regulation of vibrations due to the fact that vibrations are not "Noise" per se
and these provisions, according to the Code Enforcement Department, have rarely, if ever,
been enforced;
5. Addition oflanguage for Mixed-Use Projects (page 5, definition; page 15, Section 6.E);
6. Addition oflanguage to protect existing uses (page 24, Section 6.M);
7. Addition of an Amplified Sound permit requirement (page 18, Section 6.0);
8. Clarification of household Equipment exemptions (page 5, definition, for example);
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9. De-criminalization of noise offenses, to improve ease in enforcement (throughout
proposed amended ordinance);
In addition to the attached draft ordinance (as approved by the Planning Commission), Department of
Zoning and Land Development Review staff recommends that the Amplified Sound permit section be
drafted to allow for annual updating of the Amplified Sound permit (rather than a one-time permit). If
adopted, the suggested changes would be to Section 6.0 (pages] 8-19) of the amended ordinance.
In drafting the proposed amendments, staff received input from many competing interests, and the
amendments attempt to achieve a balance among those interests. The proposed amendments are not
intended to correct problems resulting from zoning compatibility issues, or to limit existing lawful
uses.
LEGAL CONSIDERATIONS: This item is not quasi-judicial, and as such, ex parte disclosure is
not required. This item requires majority vote only. -JW
GROWTH MANAGEMENT IMP ACT: None.
FISCAL IMPACT: None.
RECOMMENDATION: That the Board of County OJmmissioners consider adoption of the
proposed ordinance to amend the County's Noise Control Ordinance, and direct staff to discontinue
efforts relating to a proposed outdoor seating ordinance.
PREPARED BY: JeffE. Wright
Assistant County Attorney
Attachments:
Memorandum from Lisa Schott, Quietly Making Noise
Ordinance as approved by CCPC
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Page I of I
Agenda Item No. 8A
December 16, 2008
Page 3 of 43
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
8A
Recommendation to consider adoption of an ordinance to amend Collier Countys Noise
Ordinance (Ordinance No. 90-17, as amended),
Meeting Date:
12/16/20089:0000 AM
Prepared By
Jeff Wright
County Attorney
Assistant County Attorney
County Attorney Office
Date
12/4/20083:45:31 PM
Approved By
Diane B. Flagg
Community Development &
Environmental Services
Code Enforcement Director
Date
Code Enforcement
1214120085:55 PM
Approved By
Jeff Wright
County Attorney
Assistant County Attorney
County Attorney Office
Date
1219120083:40 PM
Approved By
Joseph K. Schmitt
Community Development &
Environmental Services Adminstrator
Date
Community Development &
Environmental Services
Community Development &
Environmental Services Admin.
1219120084:52 PM
Approved By
Jeff Klatzkow
County Attorney
Assistant County Attorney
County Attorney Office
Date
1211012008 11 :44 AM
Approved By
Mark Isackson
County Manager's Office
Budget Analyst
Office of Management & Budget
Date
121101200812:01 PM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
12110120084:38 PM
file://C:\AgendaTest\Export\118-December%20 16, %202008\08.%20ADVERTlSED%20P... 12/1 0/2008
Agenda Item No. SA
December 16, 2008
Page 4 of 43
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Q~ietlfy ifM-*kf1i{j( !l'{oi$~J) ~J:~.
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Acoustical Consulting and Noise Control
Collier County Noise Ordinance
Reasons for Changes - Executive Summary
Objectives
Several changes are proposed for the Collier County Noise Ordinance. The primary objectives
for updating the noise ordinance include the following:
1.
2.
3.
4.
5.
. 6.
Improve the clarity of the requirements to any reader so that technical expertise in
acoustics is not required to understand the rules.
Allow for enforcement for certain types of noise disturbances in residential areas without
requiring the use of a sound level meter.
Clarify how sound readings must be made.
Address specific noise concerns such as emergency backup electrical generators, off-road
vehicles, and outdoor dining and entertainment areas near residences.
Ensure ease and efficiency of enforcement.
Ensure legal sufficiency to reduce vulnerability to court challenges.
(
Summary ofMaior Changes
The primary changes in the proposed noise ordinance are 1) the replacement of octave band
sound pressure level limits with C-weighted sound level limits, 2) the addition of a correction for
background ambient sound levels, 3) simplification ofthe vibration limits section, and 4)
modification of the scction related to enforcement within multifamily residential buildings.
The change from octave band sound pressure level limits to C-weighted sound level limits was
made to simplify enforcement and make it more cost effective for all citizens to use and comply
with the ordinance.
The primary areas of concern with community noise are audible noise and low frequency noise,
which can sometimes be felt or perceived as a rumbling sensation even if it is not clearly audible.
The A-weighted sound level, which has always been part of the ordinance, is the best measure of
overall audible noise. However, the A-weighted sound level does not give much weight, or
credit, to low frequency noise. A noise source may be in compliance with the A-weighted sound
level limit, and there could still be a significant noise disturbance caused by the low frequency
sound from that source. Therefore, it is necessary to have an additional limit on low frequency
nOlse.
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4521 oUf Carriage 'Traif- Ouieao, pforUfa 32765
phone: (407) 681-7444 (681-SJmJ(f) PaJ;; (407) 682-7444 (682-SJ{J{J(f)
www.quietfy7Tl11fungnoise.com
:Mem6er, Institute of'Noise Contro['Engineers and'Nationa[ Council of .Acoustica[ Consultants
Agenda Item No. 8A
December 16, 2008
p~~ 43
"
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There are two common methods for placing limits on low frequency noise: octave band sound
pressure level limits or a C-weighted sound level limit. The prior version of the noise ordinance
included octave band sound pressure level limits, while the proposed new ordinance includes C-
weighted sound level limits. Either method will provide adequate protection from low frequency
noise disturbances.
Measurement of the C-weighted sound level can be easily accomplished by an untrained person,
using an inexpensive ($100 or less) sound level meter purchased at Radio Shack or similar
consumer electronic stores and web sites. The measurement of octave band sound pressure
levels requires more sophisticated instnnnentation, typically costing thousands of dollars. In
addition, it is easy to make errors when measuring octave band sound pressure levels, if the user
is not trained to properly setup the instnnnent and interpret the data. Thus, the change to a C;-
weighted sound level is proposed to ease enforcement and compliance.
The A-weighted and C-weighted sound levels can be calculated from octave band sound pressure
levels. Therefore, the new C-weighted sound levels limits that were chosen were calculated from
the former octave band sound pressure level limits in the prior version of the noise ordinance.
With this approach, the limits are equivalent and have not become stricter or more lenient in
terms of the decibel level of noise that is allowed.
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A new section was added to define how to correct for background ambient noise from other
sources. Tbis is important because any person or business creating noise cannot be held
responsible for noise from sources outside their control. When a person takes a sound
measurement, the sound level meter will read the sound level of all noise that exists in the
environment. Without the background ambient correction, the sound from a specific source or
property cannot be determined accurately.
The vibration section was simplified to eliminate the need for expensive measurement equipment
and training for enforcement officers while still protecting citizens from excessive vibration.
The section related to multifamily dwellings was modified so that the sound level limits apply at
the real property boundary but not to boundaries between individual dwelling spaces within the
multifamily building. Tbis should be regulated by the property manager through rules, lease
terms, covenants, homeowner/tenant association documents, and the like and should not be the
responsibility of county code enforcement officers. The former ordinance required enforcement
officers to take measurements inside residences, and that is beyond the normal scope of a
community noise ordinance.
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Agenda Item No. SA
December 16, 2008
p~W 43
Description of Changes by Section
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The reasons for the changes in each major section are outlined below:
Section 54-82. Definitions.
~ Added definitions of new tenns that are used in the ordinance and terms that had
previously been used but were not defined.
~ Deleted definition of "noise disturbance" since the tenn is not used in the ordinance.
~ Clarified and corrected the wording of several other definitions.
Section 54-83. Violations; penalties, enforcement.
)> Added table to provide for stepped up fines with each repeated violation.
)> Corrected reference to Florida Statutes,
)> Minor wording changes were made to eliminate redundancy of words and correct the
cross reference to Section 54-93 (which should have been 54-92).
Section 54-84. Additional remedies.
)> No changes.
Section 54-85. Findings and purpose.
)> Eliminated a sentence related to amplified sound from nonenclosed areas of commercial
and tourist zones within 1,000 feet of residential areas. It was not desirable to single out
this specific situation, when in fact, such noise sources can be disruptive to the use and
enjoyment of residential properties at distance greater than 1,000 feet and also from
enclosed or partially enclosed areas. The revised ordinance regulates amplified sound in
general without this stipulation.
Section 54-86. Applicability.
)> No changes.
Section 54-87. Pennitted Uses
)> Changed the title of this section to correctly reflect its contents.
~ Clarified the wording to state that the listed uses are pennitted and not subj ect to the
sound level limits stated in the ordinance.
)> Changed paragraphs 9 and 10 back to the wording in the prior version of the noise
ordinance because they had been erroneously changed in the latest revision and were no
longer correctly worded for this section.
)> Added human voices and regular maintenance testing of emergency backup electrical
generators to the list of permitted uses.
)> Corrected cross references and made minor wording changes.
Page 3 of4
",,,,,,,,,,,,,,"-,",",~,;""~,~',",,";".'
Agenda Item No. 8A
December 16, 2008
P~f43
. Section 54-88. Community event permits.
~ Deleted text from this section and included a reference to the County Land Development
Code. This eliminates redundancy and will prevent future conflicts in the event one code
is changed without the other.
Section 54-89. Waivers.
~ Minor wording changes for clarity.
Section 54-90. Right to appeal.
~ Minor wording changes for clarity.
Section 54-91. Prohibitions.
~ Minor wording changes for clarity.
Section 54-92. Maximum permissible sound levels.
The major changes in this section were described earlier in this Executive Summary. The
following minor changes were also made:
.
~ Changed the order of some sentences to make this section easier to read. Also,
eliminated redundancies.
~ Clarified the required sound level measurement locations.
~ Clarified the type of measurement to be taken (i.e.: equivalent sound level with a
minimum duration of 60 seconds). It is critical for noise ordinances to define how to
measure the noise in order to be fair to all parties,
~ Eliminated numerous references to ANSI standards that were not adding value to the
content, meaning, and intent of the noise ordinance.
~ Moved the sections related to schools and the Immokalee Regional Airport raceway to
Section 54-87.
~ Other minor wording changes were made for clarification and to correct cross references.
Section 54-93. Noise violations that do not require use of testing equipment
~ Added this new section to allow for enforcement officers to take enforcement action
based upon their subjective judgment, without using a sound level meter, only for certain
types of noises and only in residential areas.
Section 54-94. Use of loudspeakers.
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~ Clarified that the permit is required on an aIlllUal basis.
<Page 4 of 4
ORDINANCE NO. 2008.
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Agenda Item NO'1- 8A
December 16, 21'08
Page 8 or 43
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AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 90-17,
THE COLLIER COUNTY NOISE CONTROL ORDINANCE, AS
PREVIOUSLY AMENDED AND CODIFIED IN CHAPTER 54, ARTICLE
IV OF THE CODE OF LAWS AND ORDINANCES OF COLLIER
COUNTY, BY AMENDING SECTION FOUR, PROHIBITIONS; BY
AMENDING SECTION FIVE, DEFINITIONS; BY AMENDING SECTION
SIX, MAXIMUM PERMISSIBLE SOUND LEVELS; BY AMENDING
SECTION SEVEN, EXCEPTIONS; BY AMENDING SECTION EIGHT,
COMMUNITY EVENT PERMITS; BY AMENDING SECI'ION NINE,
WAIVERS; BY AMENDING SECTION TEN, RIGHT TO APPEAL; BY
AMENDING SECTION ELEVEN, VIOLATIONS, PENALTIES,
ENFORCEMENT; BY AMENDING SECTION THIRTEEN, USE OF
LOUDSPEAKERS; BY AMENDING THE SECTION ENTITLED, NOISE
VIOLATIONS THAT DO NOT REQUIRE USE OF TESTING
EQUIPMENT; PROVIDING FOR INCLUSION IN THE CODE OF LAWS
AND ORDINANCES; PROVIDING FOR CONFLICT AND
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on February 13, 1990, the Board of County Commissioners adopted
Ordinance No. 90-17, known as the "Collier County Noise Control Ordinance," codified as
Chapter 54, Article IV, of the Code of Laws and Ordinances of Collier County, Florida, which
Ordinance subsequently was amended by Ordinance Nos. 93-77, 96-29, 00-68,04-55, and 07-61; I
and .
WHEREAS, it remains the public policy of Collier County that every person is entitled to
sound levels that are not detrimental to life, health, and enjoyment of his or her property, and that
the making, creation, or maintenance, within unincorporated Collier County, of sounds in excess
of the maximum levels at sound-affected locations as specified in Ordinance No. 90-17, as
amended, negatively affects health, comfort, convenience, safety, welfare and prosperity of I
people in the County; and
WHEREAS, the Board of County Commissioners desires to amend Ordinance No. 90-17,
as previously amended, to better coordinate and facilitate the enforcement of the Collier County
Noise Control Ordinance by the Code Enforcement Department and the Collier County Sheriffs
Office.
Page] of36
Words underlined are added; Words slruek tlH8ygk are deleted.
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Agenda Item No.IsA
December 16, 2908
Page 9 01143
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that
SECTION ONE: STATUTORY AUTHORIZATION.
The legislature of the State of Florida has, in Chapter 125, Florida Statutes, delegated tol
local governmental units the responsibility to adopt regulations designed to promote the public
health, safety, and general welfare of its citizenry.
SECTION TWO: FINDINGS OF FACf.
The Board of COWlty Commissioners of Collier County, Florida, after a public hearing
with due public notice, has determined that the public health, safety, comfort, good order,
convenience, and general welfare would best be served by the exercise of the power granted to
said Board by said Chapter 125, Florida Statutes, and the adoption of this Ordinance.
SECTION THREE: AMENDMENT TO SECTION FOUR OF ORDINANCE NO. 90-17,
AS AMENDED.
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Section Four of Ordinance No. 90-17, as amended, entitled "Prohibitions" is hereby
amended to read as follows:
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SECTION FOUR Prohibitions. I
It shall be unlawful, except as expressly permitted herein, to make, cause, or allow the I
making of any noise or sound which exceeds the Sound Level limits set forth in this Ordinance. I
SECTION FOUR: AMENDMENT TO SECTION FIVE OF ORDINANCE NO. 90-17,
AS AMENDED.
Section Five of Ordinance No. 90-17, as amended,
amended to read as follows:
entitled "Definitions" is herebY:
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SECTION FIVE. Definitions.
The following words, terms and phrases, when used in this Ordinance, shall have thel
meanings ascribed to them in this section, except where the context clearly indicates a different I
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meanmg: I
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Page 2 of36
Words underlined are added; Words Slfllek lhfe>>gh are deleted.
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Agenda Item No.18A
December 16, 2d08'
Page 10 ofl43
Agricultural Zone means any geographic area designated for agricultural activities by the
zoning authority having jurisdiction over such area.
Ambient Noise means the all encompassing noise associated with a given environment, I
being usually a composite of sound from many sources near and far.
Ambient Sound Level means the A-weighted or C-weighted Sound Level of the Ambient I
Noise at a given location: '
Amplified Sound means use of a public address system, loudspeaker, amplifier or any other,
device which electronically or mechanically augments the volume of sound. For purooses of
this Ordinance. Amplified Sound does not include Background Music.
ANSI means the American National Standards Institute.
A-Weighted Sound Level dB{A} means the sound pressure level in decibels as measured on
a sS,ound lLevel mMeter using the A-weightedillg network. The level so read is deSignated!1
dB{Ai.
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Baclu!:round Music means anv music or other Sound plaved in a public or private space
whose main function is to create an atmosphere suitable to a specific occasion. rather than to
be listened to. Background Music shall normally generate Sound Levels no higher than 45
dB(A) at anv location on the orooertv where it is beinlZ played.
Commercial Zone means any geographic area designated for commercial or professional
activities by the zoning authority having jurisdiction over such area.
Community Event means any cultural, sporting, historical or traditional observance,!
holidays and ceremonies, parades and concerts open to the public, including events operated I
for profit or for which admission is charged. I
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Page 3 of36
Words underlined are added; Words .""ok 1IIrougk are deleted.
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Agenda Item No.~8A
December 16, 2~08
Page 11 of,43
Construction means any site preparation, assembly, erection, substantial repair, alteration, or I
similar action, but excluding demolition, for or on any public or private right-of-way,
structures, utilities or similar property.
Continuous Noise means a noise wftieft whose sound pressure level exceeds the Ambient
Sound Level and remains essentially constant in level during the period of observation.
County Code Enforcement Department means the designated authority charged with
administration of this Ordinance and enforcement in addition to enforcement by the County
Sheriffs Office.
C-weil!:hted Sound Level. dBlC) means the sound pressure level in decibels as measured on
a Sound Level Meter using the C-weighting network. The level so read is designated dB(C). I
Decibel (dB) means a logarithmic unit of measurement that expresses the magnjtude of a
physicallluantity relative to a ilPecified or implied reference level. Since it expresses a ratio
of two quantities with the same unit. it is a dimensionless unit. In the case of this Noise
Ordinance. a Decibel means a unit for measuring aeseFibing the amplitude of sound, equal to
20 times the base ten logarithm ta the !lase ten of the ratio of the measured sound pressure
the sellml mellSlIf"ea to the reference pressure, which is 20 mieraBeWtens per SEjUIlI'B meler.
Deeieel mellSlIf"emBBts stll!'l Ham the eemman legarilllm fellBe Ill) 9Bd fIIellSll!e the preoslII'e
strllBgth IHld magnilliEle (IallliRess) af a sallBd fIHlging Ham e, the washald af lMlw!lilily ef
the BefHlallitimlHl eill', te a!lallt 120 dB, tha wesllela af aar paiR. The highar tha deei!lels,
the lellder the sallBa.microPascals. Generallv. higher decibel levels reoresent louder sounds.
Emergency means an occurrence or set of circumstances involving actual or imminent I
physical trauma or property damage or loss, which demands immediate action.
Emergency Work means any work perfonned for the purpose of preventing or alleviating)
the physical trauma or property damage threatened or caused by an eI:;mergency. I
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Words underlined are added; Words SlfUek tHrollgh arc deleted.
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Agenda Item No.d8A
December 16, 2 08
Page 12 ofj43
EQuipment includes. but is not limited to. air conditioning unit. heating unit, DumP. fan./
ll:enerator, utility facility. and any other substantially similar item. operating in accordance I
with its manufacturer's specifications. large or small. commercial or non-commercial. I'
whether or not a fixture.
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EQuivalent A-weil!hted or C-weil!hted Sound Level. Lea.A or L....c means the constant
Sound Level that in a given situation and time Deriod. conveys the same sound energv as the
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actual time-varying A-weil!hted or C-weil!hted sound. For the purooses of this Ordinance. a I
minimum measurement time period of one minute shall be used. unless otherwise specified. !
Hertz (Hz) is a Hi8aBHRlffieBt sf ilia H:e.El\isaey af S6110d '.~:aves. saeh. haRz e'i1:lals efte eyeIe
!
per sasaRa. The heariBg Fange sf lRe R8fFA.a.J R\lffian ear is eBtw8eB 29 Hz &BEl 2Q,999 Hz I
(s)'sles I'er saseRS). The higHer the RHfflger sf aeFtill (HBEJl:leney), the higher the pitea sf
salIBa. is the unit of measure of the freQuency of sound. One Hertz eauals one cycle Der
second. The audible freauencv range for normal human hearinll: is between 20 Hertz and
20.000 Hertz. The hil!her the freauency (measured in Hertz). the hil!her the pitch of the
sound.
Impulsive Sound means a sound of short duration, usually less than one second, with an!
abrupt onset and rapid decay. Examples of sources of impulsive sound include explosions,'
drop forge impacts, and the discharge of firearms.
manufacturing activities by the zoning authority having jurisdiction over such area.
Industrial Zone means an mallstfial zeBe is any geographic area designated for industrial or,
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Intermittent Noise means a noise whose sound pressure level exceeds the aAmbient Heise
SelIBe 11evel at either regular or irregular intervals.
Mixed-Use Project means a development or structure characterized bv the use or OCCUpanCY,
of any geograohic area. determined by reference to tract boundary. desil!J\ated for both I
residential and non-residential ourposes by the zoning authoritv having iurisdiction over such I
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Page 5 of36
Words underlined are added; Words s....elt Ihr.agh are deleted.
Agenda Item No.18A
December 16, 2~08
Page 13 01143'
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Motor Vehicle means any self-propelled vehicle not operated upon rails or guideway, but I
not including any bicycle, motorized scooter, electric personal assistance mobility device, or
moped. Many vehicles are not motor vehicles.
Multifamilv Dwellinl! means any buildinlZ or structure containing two or more residences.
each occupied in whole or in Dart as the temoorary or oermanent residence of one or more
natural oersons.
Noise means any sound which annoys or disturbs, l'IIflIlalls or which causes or tends to cause
an adverse psychological or physiological effect on humans.
Noise Level means the sound pressure level as measured 10 dB(A} unless otherwise
specified. ~A.. mea5\:H'elBent sf Reise mu&t be at least H.:e ElB ahe~.:e t:Be B.lBoieftt Reise level.
N8BeBelased area me8BS 811Y ftf8a ar stnletare that is Bet tetaUy eRslesea ~Nith a eeatiaa9\:lS
Fe8r, f:leer aRa "yvalls eeRstFHetea ysmg FigiEl stR:lSBH'al Bl:lilaiBg materials.
Person means any individual natural person, public or private corporation, firm, association,
joint venture, partnership, or any other entity whatsoever or any combination of such, jointly
and severally. Person shall include any owner, agent, or employee of a business
establishment or other entity.
Property Boundary means the legal Beumlar)' Real Prooerty Line of any real property. l&
the ease ef multiple fllffiily stf\iellires, lfie prepert)' Bamular)' fer pllfJleses af this OrdiflaBee
sllallee Iile BaleaRY, parea aF iflleriar aftae eamplainlHtt's urn!. I
Pure Tone means any Sound wiliek ean Be mslmed)' ileai'd as a single pitek aF a set ef siegle
piteaes consisting of a single fre~uency. For the purposes of measurement, a p;eure tlone
shall exist if the one-third octave band sound pressure level in the band with the tone exceeds
the arithmetic average >ralae of the sound pressure levels of the two contiguous one-third
octave bands by five dB for center frequencies of 500 Hz and above~ lIfl6 by eight dB for
Page 6 of36
Words underlined are added; Words simek Ihrellg!l are deleted.
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Agenda Item No~18A
December 16, 2 08
Page 14 of,43
center frequencies between 160 and 400 Hz; and by fifteen Y dB for center frequencies less I
than or equal to 125 Hz.
Real Property Line means an imaginary line along the ground surface, and its vertical plane I
extension, which separates the real property owned, rented or leased by one person from that I
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owned, rented or leased by another person, excluding intrabuilding real property divisions. .
Residential Zone means a ri!siacatial 2aBe is any geographic area designated for single or.
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Multifamily Dwelling by the zoning authority having jurisdiction over such area. I
Road means the entire width between the boundary lines of every way or place of whatever
nature when any part thereof is open to public use for vehicular traffic, and every private way I
or private place over which the Sheriff's Office has traffic control jurisdiction under a
Section 316.006(3)(b), Florida Statutes, traffic control assignment.
RMS Sound Pressure means the square root of the time averaged square of the sound
pressure, denoted Pnns.
Sheriff's Office means the Collier County Sheriff's Office.
Sound means 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.
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Sound Level means the weil!hted sound pressure level obtained bv the use of a Sound Level'
Meter and freQuencv-weil!hting network. such as A or C. as specified in the latest revision of
If the freQuencv weighting i
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the ANSI Standard S1.4. "Specification for Sound Level Meters".
emploved is not indicated. the A-weil!hting shall aoolv.
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Sound Level Meter means an instrument used for the te measurement of sound pressure I
level. A-weighted Sound Level. or C-wei~ted Sound Level of Fsla/i'laly eafttiB\le\lS aBEll
braaGhana Raises. +he Anv Sound Level Meter used to determine compliance with this!
Ordinance shaH meet or exceed the requirements for Type 2 s~ound 11evel HlMeter inl
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Page 7 of36
Words underlined are added; Words slruek !lIr...gk are deleted.
I
Agenda Item No.18A
December 16, 2Q08
Page 15 of 43
accordance with the latest revision of ANSI sS,tandard S 1.4. "Specification for Sound Level
Meters." To be valid, readings from a Sound Level Meter shall be orooerlv calibrated orior
to each set ofreadings oer the manufacturer's specifications,
Sound Pressure means the instantaneous difference between the actual oressure and the I
average or barometric oressure of a given ooint in soace, as oroduced bv sound energy. I
Sound Pressure Level means 20 times the base 10 logarithm te tile base 10 of the ratio of
the RMS sound pressure to the reference pressure of 20 micrOl'fascals (29 v 1 9 a Him 2).
The sound pressure level is denoted Lp or SPL and is expressed in decibels.
Vebicle, which also includes all motor vehicles, means every device in, upon, or by which I
any individual or property is or may be transported or drawn upon a ffigIIroadway (excepting
devices used exclusively upon stationary rails or tracks), including but not limited to
automobile!!, commercial motor vehicle!!, truc~, tandem trailer truck!!, traileI2, semi-trailer!!,
buses, motorcycle!!, tractor!!, fann labor vehicle!!, all-terrain vehicle!!, two-rider all-terrain
vehicle!!, moped!!, gO-carts, maxi-cube vehicle!!, motorized scooter!!, motorized bike!!, and 9f
bicycle!!, whether moving or stationary,
SECTION FIVE: AMENDMENT TO SECTION SIX OF ORDINANCE NO. 90-17, AS
AMENDED
Section Six of Ordinance No. 90-17, as amended, entitled "Maximum Permissible Sound
Levels" is hereby amended to read as follows:
SECTION SIX, MAXIMUM PERMISSillLE SOUND LEVELS, I
A. Classification or use occupancy, For the purposes of defining "use occupancy" in the I
Ordinance, the foIlowing classifications shall apply. I
(1) AIl premises containing habituaIly occupied sleeping quarters shaIl be considered
(2)
residential use.
Premises containing transient commercial sleeping quarters shall be
tourist Use.
Page 8 of 36
considered I
I
I
Words underlined are added; Words slfu.ok IIlFellgll are deleted.
I
Agenda Item No.18A
December 16, 2d08
Page 16 01143
All premises containing businesses where sales, professional, or other commercial use I
is legally permitted shall be considered commercial use.
All premises where manufacturing is legally permitted shall be considered
manufacturing use.
(5) Nursing homes, hospitals, hospices, public or private schools including colleges and
ef universitYies, libraries in use, churches in use, and courts in session shall be
(3)
(4)
considered residential uses.
(6) Legally permitted use(s) of the site or unit shall supersede the zoning classification ofl
the site or unit and in cases of multiple uses, the most restrictive actual laWfullY]
permitted use shall supersede and control the zoning classification applicable to that I
site or unit.
(7) Each site or unit not otherwise classified as to zoning shall conform to the
commercial sound-level stanElanls limits.
B. Maximum Permissible Sound Bnd VillFAti88 Levels by Zoning Classification or Use
Occupancy.
(I) No selllul teotea BY 6ljliil"meRt slial! 'fielale any sollfta staRElare JlF~l'.'isiElR of this i
Onliaanee lrnless tR8 effenaiag seHBti exeeeas the theft emistiHg ameieat s0unEllei.'el
BY at least fiye (3) 9BA fer TaBle I, ar five (3) aeeiBels lIIYl:eigl1tea fer TaBle H, at the
,
SBl::U19 a:ffeeteel site er wtit. THe BaeRI, BY r-eselt:ltieR(s), after ~HlJie Rearing theresa,
may malLe, a68JJt, &meRS ana repeal Ailes and aelministfative sTaefS te implemeat,
aElmiftister aRa eRferee this artiele. No person shall operate, or cause or suffer to be
,
operated any source of sound from any use occupancy in such a manner as to create al
sS:ound l,Level, after applicable character of sound adjustments, if any, which exceeds
the limits set forth for the use occupancy category in Table +1. No Sound tested bv a
Sound Level Meter shall be deemed to be in violation of this Ordinance unless thell
offending Sound exceeds the Sound Level limits in Table 1. and also exceeds the then
existing Ambient Sound Level bv at least five (5) dB(A) or five (5) dB(C), at the!
I
sound-affected site or unit er Tal3le II, fer any mHHmWR part sf any measllfeffieflt
peried, \vhiek ffie&SllfBHl8Rt peries shall Rat 88 less tkan sixty (eQ) seeeB8s. Sounds
that are tested sRetiltI shall be measured at or within the flFeJle~ aSllBeary liRe sf the
.site or wtit Rem OJ/flieR the sanaa 8HlaRates at an)' S8l:1:J1S atfestoo site(s) SF liAit(s) thatl!
Page 9 of36
Words underlined are added; Words stRJali: tBrBugh are deleted.
I
Agenda Item NO'd'8A
December 16, 2 08
Page 17 ofl43
the tllster SlleHIS te be mast appfepriale, IIftd ."RieB oBeah! usually be lit a E1istllflee I
greater tftaR fifty (5~ feet Rem the ssWlEi S8\H"Se tUlless there is -lalid feflSSB fer
teSgBg at a sIeser mstB:Ree. "Real I'f813efty line (er ~el:J:Bdar)')" means ftH HBagfaarJ
liRe aleag the gFeWlS BarraS!, ana its veftieal exteasisa, ~l:hieli sepaFates real pref'erty i
01JJflea BY SBe 8']!Bef Hem real J3f8~etty SWBBS BY aBether 8v;a8f, e1:K Elsea aet
iaellllle iaw 1l1lihliBg E1ivisiaBs the propertv boundary of the sound-affected site or
unit from which the complaint orilrinated. In order to file a complaint. the
complainant must provide hislher name, address and phone number. The lest
eauipment should normally be at a distance greater than fifty (50) feet from the sound
source unless there is a valid reason for measuring at a closer distance. A "valid
reason" exists where land use. location, zoning. physical barriers. and/or acoustical
impediments adverselv affect the accuracv of sound measurements. Measurements
shall be made in accordance with the latest revision of ANSI Standard 51.13.
"Measurement of50und Pressure Levels in Air". Test equipment shall be placed at a
height at least three (3) feet above the ground and at least four and one-half (4 1/2)
feet away from walls, barriers, obstructions and any other sound-reflecting surfaces
that might eeotfey \lie ,..a1iaity af the teot lIIellSlH8HlemS affect the measured Sound
Leyel(s). Microphone W:wind ilamefS screens slieuls shall be used when appropriate.
If the iavest..igatisft is easee Hp9R a e8mplaiflt, tks testing eMIB8f1t skeald Be
leeated lIS elaBe lIS passiille te \lie satiRQ affeetea site ar IHIit Ram '",.llleR the
e91BJllllillt al'iginatea. All times are stlHldara er allylight sllviag5 lIS IIP!llicaille. The
staJI.dMd(s) ta lle aflllliea sRall lle \lie stOflEiarEi(o) 8Bd!er laBle(s) that remdt is the
la'l\'est setlftalevel(s) IRat violate this OnliBanee. EEllIipmeftt testing sRllIl itlehlEle
octll'/e llllll.a aaalysis. An "oet(t'..e illlll.a" is a rllftge af seliBa Hell\lllfteieG Eii'/iaed iete
niae (9) aats'ie BOflas ta classify S91H1aS aeeefEliftg te !liteR (IfeElUt1floy). If EIle
lBeasareil tliffereBse 'eet ./eeR tRe applicable afBBieat sel:lftEls 6fU! the allegecl "lielatiag
sel:ll1Q 1&'":e1& is ii,";e (5) eR..A. af Wlweigkted aeeHJels, eaeR alleged -rielating saliaQ
lo...el shall Be redHeeEi ily twa (2) ElBf. ef IH1weightea aeeibels. If tRe measllfeElI
Eiiffelt1flee is siJ[ ((j) te eigIH (&) ElBA ar 1Ifl\veightea aeemels, IRe a1legea ...ialatiBgl
seun6level reaEiiagG shall Be reBusea ily eae (I) aR^. aT tiRweightaa aesiBe!. IfS1i6hl
mellSlH'ed eiffefesee is siae (9) ar mere ElBf. ef tlftweighted Eleeiilels, the POSSilllY1
I
,
Page 10 of36
Words underlined are added; Words slRlsk liH:...gh are deleted.
Agenda Item No.~18A
December 16, 2 08:
Page 18 of 43
'rielatiag sellIul ftla6iRg Mallia Ret be adjllateEl bllBeEl lI1leR the EiiffBnlllee. The I
measured Sound Levels used for comnarlson with the Table I Sound Level limits
shall be the eQuivalent A-wei!!hted Sound Level and eauivalent C-weighted Sound
Level measured over a minimum duration of sixty (60) seconds, after correction for!
the applicable A-wei!!hted or C-wei!!hted Ambient Sound Level. No person shall i
hinder, obstruct, delay, resist, prevent in any way, interfere with, or attempt to
interfere with any authorized person while he or she is in the perfol111ance of duties
pursuant to this Ordinance. The Board. bv resolution( s). after nublic hearing thereon,
mav make. adont. amend and rcoeal rules and administrative orders to imnlement. '
administer and enforce this Ordinance.
ZoninglUse at the location of Time of Day or Night~ Sonnd Level Limit!
the Sound-affected Site or Unit ~ ~
I
dB(A) dB(C)
7:00 a.m. to 10:00 p.m. 60 72
Residential
After 10:00 p.m. to 7:00~a.m. 55 67
7:00 a.m. to 10:00 p.m. 65 77
Commercial or tourist
After 10:00 p.m. to 7:00 ~ a.m. 60 72
Manufacturing or industrial At all times 75 87
Agricultural At all times 75 87
TABLE I
* All times are the current local standard or davli!!ht savings time in effect during the test. as
aoolicable.
(2) TaBle II. l3ele~N, apftlies t6 testee SeYfu.i at saand affeeted sites,'tinits. The reElwrsa
H~:S deeiesl EliffefeA.se eet1"le8fl the ameleR! BeNRa. ley/sl and the affsHEliHg S9Wld
applies ta every astaye 11lll1a. Tallie II IIfllllies Ie selll\E1s _iUaEl Heffi an)' siagle I
raoid6l!tilll, taoost reoiaaRtial, seffiffiersial, iflslis1rial, llI1a/er ffilll1lifaetliARg I
a"eFatiaR, aetivit)', "reeess, "Iant af faeility, ef flRY saffilliRaliaR(s) !hllfeef. Pffl\<iaea I
!he offending Tallie I selind le\'el fer sOllRas !hat Ilf"e tented el(SeeSS the amilieat!
S8H118 ler/al BY at 18&5t fj:10 dB.^.., aT emeeeas BY five deeieels 1:HV:;eigh.tea any ef the I
rage t 1 of36
Words undertined are added; Words sInIek ""8l1gh are deleted.
I
"
I
Agenda Item NO.18A
December 16, 2Q08
Page 19 01'43
maxiRlllRl aJljllieaBle SElllHa le','el ifi lIB)' aeta','e Bana ill Table II, it is a ...ielatiall ef I
this Orei_ee wllea lIBY SlIeR Bellft8 is eallse!! er saffered BY lIll)' SlieR Rell llKeffiPt I
aetivity, fooility, eatily, plilftt, ep_tiea, ar pressss. p.pplyillg Tallie U, the Rigftltime I
lIelll'S lIFe eaeR da)' B<eRl Hl:OO p.m. HIltil 7:00 a.RI. tile fal1e'::iag Rleffiiag eJteejlt 86
It
I
'fi a' 1ft' (}fa'
gl
'd d 1ft
. I difi
at efVllse eUfJHSS y sites! e 1ft IS IBan.ee. II ess I'feVl e e eF1A"lSe, me 1i g
SeatteR 51 93, 8aeh slieR tested se1:lflti that tests iR eneess sf any StieR S9llIlQ affeeted
site SfJeeiHe apl'lieahle Festdtant \'wtle, after lIJlfllyillg all IIflfllieaele site speeifie
iHlJn:t.lse S8lHlQ andler plH8 taRe (eh8f8ster sf S6\iStl) aQjHStm.eRts~ shsJl Be a "fielaaeR
ef this OrEliAlIfl.se. Correction for Ambient Sound Level shall be made as specified in
Table II. below. If the measured difference between the applicable Ambient Sound
Level and the alleeed violatimr Sound Level is five (5) dB(A) or five (5) dB(C). each
alleged violating sound level shall be reduced bv two (2) dB(A) or two (2) dB(C). If
the measured difference is six (6) to eicl1t (8) dB(A) or dB(C), the alle~ed violatimr
Sound Level readings shall be reduced bv one (1) dB(A) or one (1) dB(C). If such
measured difference is nine (9) or more dB(A) or dB(C). the alleged violating Sound [
Level shall not be Illliusted based upon the difference. Fractional decibels shall be
rounded to the nearest whole decibel.
T.YlLE II
M8*iHlWR U&y;eigbted Selma PJeSS1:lfe Levels (iB \:lB\";eigktes) aeeffiels Day ana Nigltt SteaEly
Sauati
Oetwle Halu! Resi!!eBtial Site er Temst 0f MaRufil6mring, lBliustrial, er
Ceater Freq. (iA Cemmereial Site ar
t:fflit Agr-islllmal gite ar Unit
Hem.) t:fflit
3-h$ Day 69 Nigilt 61 Day 71 Night 69 84
@ Day 69 Night 61 Day 71 Nigllt 69 84
m Day6tl Nigltt 61 Day 71 Night611 8+
~ D~'62 Nigltt 57 Dayll7 Night 112 +1
~ Day SE NightB Dayll3 Night SE ~
WOO Dar S3 Night 48 Day 58 }light 53 e&
:woo Dar 19 }light 44 Day 51 }light 49 64
.woo Day 46 Night H Day51 Night 46 &l-
Page 12006
Words underlined are added; Words slFdak waugh are deleted.
&GOO
I)BA
I Day 4~ght 371 Day 4:;::ght 12 I
The DB~\ F8\V is fer esmpans6R :pl:lfJ'eses 6Bly.
Refer t8 "CsR"eetisn fer Charaeter sf geWl6" ia sHhseetisB (3 )(C), eelt:lv/.
~
I
Agenda Item No ~8A
December 16, 2 08
'eO' ~ r
~
TABLE II
Difference between alle!!ed violatin!! Correction (to be subtracted from
Sound Level. and Ambient Sound the measured alle2ed violatlDl!
Level. Sound Level.)
9 and hie-her 0
6-8 1
5 2
*Sound Levels in dB(A) or dBfC)
(3) Villfatfsfts emanatittg Hem esmmereial, ifttittstfial, aT Ruutttfaetw1Bg faeility. These
are Rat s8Wla limits. These st8:l1&aN.S Bl'f31y tlH'eaghettt WlinSSJfl9Fatee. Callier
CeYnt)". LA... -:iluat.ieB Hi an eseillatery metieR sf selia sames eleSS:ABea by i
ai~laeeRumt, yelesity af aeeeleratisR with FsfereRse 1a a gi-:ea Fe_ease paint. It if;
a -.-ielakSB sf this Oftlia8IlS8 t8 epefftte, ~BRIlit, er stiffer 9llef8liea 9T ase ef an)'
i:a9Rstrial, man.1:lfaetwlag B.Rdler 68Rl1Befeial devies, faeility, efU~faaeB, aT "messs "
that etll:tSes aH)' yibmtisBS \vhieh Busses the applieaele dieplaeem8Bt(s) ia mekes ,i
speeif.ied iB Teele Ill, be]a~.v, at the pJeJ'eRY eBllRear)' af, at ....'ithin, any ~1ihratieR
af:feete8 site at ani! iB I=esiEle:at:ial af teYrist resitleRtial \lse at zaning aRY:/Rere is
l:U1iBSSFf36rsteel Callier Ceunty. Steaay state .,ieFatians are eeftt:iftu.s\ls st S66m iB
WSeRlte pll15e5 Blere frelllleatly tlum eBe lumarea (199) iBlPlllses per Blill\lte.j
Dissrate plllses llmt ae Bet ellSeea eBe ll.liHerea (IQ9) iHlplllses per Bliffilte Blllst Bet
aBase diSfJlaeeBleat in eJ[eess af p::ie8 the &fJ~lieab]e valaa(s) ia. Taele III> eels.:I.
~aet viamtiens eee~ in aiserete ):tRises ':IBiek are sfIJ'B:fatea by a time iateFval sf at Ii
least eBa (1) miRall! ana '.vmee Baati:f Be Blere teaR eight (8) times ia &BY fV/eftty few,:
I
(24) Belli' periee. These viel'tltieB rllglllatieBs ae lIet apply te 116li'iities seBslIsteal
fllHSl:laRt ta, ana t8 the enteRt at:Kheazea BY, Blastiag JJ8fHlit(s) iss1ieel BY Cellier
CS1iA.ty Sf BY Em)' ether ge.:emmeBtal. ag8H6Y that then has sHflefSeaing alithsnty te
iss1:le the resl'eeti"/e blasae.g 138fHlit(S)
TA~I.E III
Page 13 006
Words underlined are added; Words slfuek liIro. are deleted,
I j
Agenda Item No.J8A
December 16, 2~08
Page 21 of:43l
FreE(U8Bey sf &teatly Elate \'i9raaeR FreEF=leBsy sf Impaet Yi9f8tien
DisplaeemeRt Crates Per EeeeBa,
Di9J3laeemem C) o.eles Per geeeaa, mekes
Iftehes
Less tBaB 0,0901 Less QUll!. 19 9,O09~
19 tflreligB 19 O.00!l2 10 1hf6ugB 19 9.0993
29 threligB 29 9,00lJl 29 tflfeligB 29 9.9992
3!l threagh 39 0.9991 39 1hf6ligB 39 9.9991
49 thfeligh 49 9.9991 49 threligft 49 9.9001
59 aIltl. eYe!" 0.9001 50 aB6 e'/e!" 9,9991
The feUe7.-iBg stlllldafss stulll ee used, lIB llJlplieaMe, te mell5lll'e vibratieHs: ISO 2931 1
(Mseluweal viara-tieB lIftd sheek B',alliatieB ef!Htmlll!. elfJleil\lFe te whele eedy ...ieflltieB).
j\}!SI S 2.2 1959 (R 1999-) (Calil3ra-tiaB ef sheek IUIS vibFaaeB pislmps); MISI S 2.e I 1989
V.Sf. 78) (Mssblll!.isal melHNiag ae aeeelereffleters); .\}ISI S 21.21 1957 (RI989)
(Cbafaetefisties sf skeek 9:Bd viln:atioa 1H8asL..!.1116ats). /\ tlH'ee sSffipeaeHt HleasHflRg system
shall 'ae aBeEl t8 mea5\H'e w;ihratieR&. The testiag system sftellld measw:e earth 1:J8ffie vieratisRS m
three ElireetieBs, eaek af";'.:fiisa 8eear at :Fight 8R.gles te tlls etHer t\ve.
C. Correction for character of sound.
(1) Steady pUFe taRe. Fer eaah S8l1fl6 that is a steady pare taRe, th.e applieaele I
ffillKimUHl sellREi le'lellimits set reFlh ill Taele I IlIId Taele II shall ee reslieed ey Bye
seeiesls at BelIBEl affeeted sites/lHlits in resiseBtialllss ar z;eBing.
Pure Tone. For each sound that is a Pure Tone. the Sound Level limits set forth in
Table I shall be reduced bv five (5) decibels at sound-affected sites/units in residential
use or zomng.
(2) Non-repetitive impulsive sound. For any non-repetitive impulsive sound (up to five
(5) impulses an hour), the m&lli_ s~ound ILevellimits set forth in Table I lIBtl
TaBle II shall be increased by ten (10) decibels from 7:00 a.m, to 10:00 pm.
D. Multifamily Dwellings. This BulJseelieB shallli8t Ilpply if the Ballfid arfested site/unit I
8IiEl1he gel:l:f-se sf the s€ll:Uul em Be FegHlated by the same Iflart&gemt!lflt, mehuling BY restriet-i.:e I
8SYena:B.t) lease, sSBae:miailHR aeeHmeat ar ~. ether Rile Sf F8gHlatiaH taflt fJ1:ITfISrts fa be
eBfereeable ey the manageHIeflt agcHBBt the viellller, whetHer ar Het llBfareea. This subsection]
applies only to sounds when measured within a multifamily residence unit (occupied in whole orl
Page 14 of36
Words underlined are added: Words swok tbr...gh are deleted.
Agenda Item No.18A
December 16, 2908.,
Page 22 ofl43
in part as the temporary or permanent residence of one or more natural persons) in residential,
tourist residential, or commercial use or zoning and the building contains two or more such
dwelling units. It shall be a violation of this Ordinance to emanate any sS,ound, including from
e&quipment, live performance music, or aAmplified sS,ound, that, when measured inside of the e i
III Multifamily aDwelling unit in residential or tourist residential use or zoning, comoletely
enclosed bv walls and a roof with all doors and windows closed. exceeds 53 dBA anytime
between the daytime hours of 7:00 a.m. to 10:00 p.m., or exceeds 45 dBA anytime between the
nighttime hours of 10:00 p.m. and 7:00 a.m. "MllIIageHI.llfIl" iftehules IBB4ewfler, IllIISler9,1
I
resisllflt ffillllagef, eellllelllimlHll asseeialisll, ef lIIIY ether slt!lota!ltially similllf illllivislilll, grBHIlj
ef ee.t!ty that has alttheaty te esmrel the respeeth's sewul(s). "BElYlttllleBt" iBehuies, inlt is Ret
limitea 18, air eeaaitiening Wlit, heatiag anit, ~RfIlIJ, fan, Hklity faeility, ana an)' et:ker
saestaRtially similBf' item., 18:fgeer small, esmms:FEial Sf ReB eeRUBersiaI, .;:88t8& af Bet 8
.t+u:f:Yre, \'O:ithiR, aajaeeat te, Sf 85seeiated ~:lith the HlllltifWllily l:J1iiIEliag eSRIJIAS8a efw.'s aT Hlere!
I
resideRS! G':/ellia.g anits.
E. Mixed-Use Proiects. This subsection shall onlv aoolv if both the sound-affected
site/unit and the source of the sound are located within the same Mixed-Use Proiect. In the case I
of a Mixed-Use Proiect. and notwithstanding anything to the contrary as may be contained in this I
Ordinance, it shall only be a violation of this Ordinance to emanate any Sound (including from
Eauioment. live performance music. or Amolified Sound) that. when measured from inside of
the sound-affected residential dwelling unit. completely enclosed bv walls and a roof with all
doors and windows closed. exceeds the limits set forth in Table III below. No Sound tested bv al
Sound Level Meter shall be deemed to be in violation of this subsection or this Ordinance unless I
the offending Sound exceeds the Sound Level limits in Table 1II and also exceeds the then
existin~ Ambient Sound Level bv at least five (5) dB(A) or five (5) dB(Cl, as applicable to the
resoective A or C freQuency-weighting network, when measured from inside of the enclosed I
sound-affected residential dwelling unit. comoletelv enclosed bv walls and a roof with all doors,
and windows closed. The measured Sound Levels used for comoarison with the Table III Sound
Level limits shall be the equivalent A-weighted Sound Level and eQuivalent C-weililited Sound
Level measured over a minimum duration of sixty (60) seconds. after correction for the
aoolicable A-weighted or C-weighted Ambient Sound Level. For Mixed-Use Proiects. Table 1
Sound Level limits shall onlv aoolv to sound-affected residential land uses or zonin!! located
Page 15 of36
Words underlIned are added; Words .wok l8Fougll are deleted.
...
I
Agenda Item No.lsA,
December 16, 2d08'
Page 23 of[43
outside of the Mixed-Use Proiect. and shall not aoDly to residential uses or zoning within the I
,
Mixed-Use Proiect. .
TABLE III
ZoninlllU se at the location of Time of Day or Nieht* Sound Level Limits
Sound Affected Site or Unit
dB(A) !U!!9
Residential Dwelling Unit 7 a.m. to 12 o.m, 53 68
After 12 O.m. to 7 a.m. 45 62
. All times are the current local standard or daylight savings times in effect during the test. as
aoolicable.
E.F. Construction Sounds.
(1) Power driven construction equipment No person shall operate or permit to be
operated any power driven construction equipment without a muffler or other sound
reduction device that is at a minimum at lellSt as effective as that recommended by the
manufacturer or provided as original equipment. Construction equipment that must
be operated within 2,500 feet of _ a residentially zoned area II on a 24-hour per day
basis (includinl! but not limited to he" pumps, well tips, and generators~-,ete,) shall be
shielded by a barrier to reduce the sS,ound Level during the hours of 6:00 p.m. to 7:00
a.m. unless the unshielded sS,ound l!,evel is less than 55 lIBA H1sll8ltflld at sr inside Bf
the Sound Level limits stated in Table I.
t.fte elssest aeeessiele fer testiag S8\Hl8 affaetea resideBtiaUy z8Bea af aeed pffrpefty
I
(2) Regulating Noise from Construction Activity.
a. Any construction activities and site preparation activities including but not
limited to land clearing and grading, excavation and vegetation removal,
authorized or permitted pursuant to the provisions of this Code shall occur
only during the following hours: 6:30 a.m. to 7:00 p,m., Monday through
Saturday. No construction activity or site preparation activity is permitted on
Page 16 of36
Words underlined are added; Words stfuek lllfBUgh are deleted.
Agenda Item No.18AI
December 16, 2 08
Page 24 of 43
Sundays or on the following holidays: New Year's Day, Memorial Day,
Fourth of July, Labor Day, Thanksgiving Day, and Christmas Day.
b, Any person desiring to engage in the aforementioned activities beyond the
stated hours of limitation, based upon cases of EmergencV,lifgellt Beeeasily e~
I
lIjleB the illlerestG ef puilae health, safoty, 1mB welfll:fe may apply in writing to I
the County Manager or IHs designee for an e~mergency eConstruction I
Jlfcnnit. Such application shall state all facts and circumstances I
demonstrating the existence of an Emergencv and the need for such permit.
Such permits, if granted, shall be limited to 15 days, but may be renewed for
additional periods if the eEmergency or need therefor continues. Requests for
renewals of said permit shall be made in writing prior to the expiration of i
permits previously issued pursuant to this section. In the issuance of such
permits, the County Manager or IHs designee shall weigh all facts and
circumstances presented and shall determine whether the reasons given for the,
I
Emergencv 1Ifgollt Beeeosity are valid and reasonable;:; whether the public
health, safety, and welfare will be protected or better served by granting the
permit requested~ and whether, should the permit not be granted, the manner I
and amount of loss or inconvenience to the applicant presented bv the:
Emergencv imposes a significant hardship. Upon an affirmative finding of the
foregoing considerations, the County Manager or IHs designee is authorized to
issue the e~mergency ~onstruction Jlfermit. Notice of said permit I
application shall be given to all property owners adjacent to the subject site. j
During such periods of emergency activities and during the normal
construction or site preparation hours of 6:30 a.m. to 7:00 p.m" the Sound
Levels Reise le'/els generated by construction or site preparation activities
shall not exceed those permitted under CR. 31, f.rt. N this Ordinance.
(3)
,
i
Exceptions. Construction activities or site preparation activities performed by the
County, state or federal governments are exempt from the Emergencv Construction
Permit rcauirement. this pFe'/isiell provided that Cede Ch. 31, .'.Fl. IV such activities
are conducted in cOffiuliance with ap:plicable law. including this Ordinance is
eSF8ftlieEl '\':ith.
Page 17 006
Wortls underlined are added; Wortls slfu.k u..e..gh are deleted.
I
Agenda Item No. 8A'
December 16, 2 08'
Page 25 of 43
Q. PermittiDl? for Amplified Sound providinl! outdoor entertainment.
(1 ) PurDose and applicabilitv. In order to aid in monitorinl! and control of
Amolified Sound oroviding: outdoor entertainment for certain public and/or orivate events. and
provide for enforcement action to address violations of this Ordinance resulting from outdoor
entertainment activities generatinl! such Amolified Sound. a one-time, site-wecific Amplified
Sound Permit will be reQuired for any commercial business or nonresidential land use (such as. I
but not limited to. public park. amphitheater. fraternal organization, or church) which conducts
such outdoor entertainment activities within 2.500 feet of anv property containing a residential
use or of anv residential zoning district. That distance must be measured from the location of the
actual sound source within the sound-oroducing prooerty to the Real Prooerty Line of the sound-
affected residentially zoned or used propertv. For OUfDoses of this subsection. no Amolified
Sound Permit is reQuired where the Sound source( s) and the Sound-affected residential use or '
zoninl! are located within the same Mixed-Use Proiect.
(2) Residential amenities. For the OUfDoses of this Section. anv residential amenity I
I
(includinl!. but not limited to. clubhouses. recreation centers. swimminl! oools, and oavilions)
will be considered a residential use and Amolified Sound from outdoor entertainment emanatinl!
from these locations will not be subiect to a requirement for an Amolified Sound Permit.
(3) Commercial establishments. In the event that any commercial establishment
utilizinl! Amolified Sound to orovide indoor (that is. occupiable wace within the buildinl! walls)
entertainment for public and/or orivate events is adiudicated bv the Code Enforcement Board.
Soecial Mal!istrate, or court of competent iurisdiction to be in violation of this Ordinance
pursuant to the provisions of Section Six, that land use or commercial establishment will be
considered to have exoanded their entertainment outside the confines of the building walls and
must obtain an Amplified Sound Permit. subiect to all of the provisions of this Section.
(4) Compliance with Sound Level limits. All activities governed bv the Amolified
Sound Permit reQuirements must be conducted in accordance with the orovisions of Section 6.B
(Maximum Permissible Sound Levels bv Zoning Classification or Use Occuoancy).
Page 18 of36
Words underlined are added; Words simek lhfo,,!!k are deleted.
Agenda Item No~18A
December 16, 2 OW
Page 26 of 43,
,
(5) Application for Amplified Sound Permit. Prior to issuance of the oennit. an I
atlDlication must be comllleted which includes the fullowinl! information:
a. The name. address and telephone number of the aoolicant;
b. The name. address and teleohone number of the business or location at which I
the event will occur:
c. Identification of the tvoe of business or other nomesidential land use (e.g,
restaurant. ni2ht club. public llark. church):
d. A sketch and descriotion of the area in which the event will occur on the
prooerty (e. g.. oatio. outdoor dining area. poolside ):
e. A narrative descrilltion of any factors which mi2ht mitigate the imllact of
close llroximity of the activity to adiacent residential use or zonine :
f. A description of the proposed entertainment (e.lI:.. live band. recorded music.
disc iockev. theater oerformance ):
g. Freouency of occurrence (monthly, weekly. daily) or estimated number of
I
eyents oer calendar year with dates to be determined: '
h. Proposed hours of activity.
(6) Issuance or denial.
a. Issuance. Uoon receiot of an Amplified Sound permit apolication. the County
Manal!er or desi~ee will verify that the ohvsical location of the oroposed
Amolified Sound source( s) is within 2.500 feet of any residential zoninl!
district or land use (as ooposed to the Real Property Line of the orooerty on
which the Sound-oroducing event will occur). This distance will be measured
according to a survey. if orovided by the aDolicant. or by the Official Zoning
Map, aerial ohotolZTaohy. or other reliable and accurate means. Upon
comoletion of such verification. the County ManalZer or desilZllee shall issue
an Amplified Sound Permit.
b. Denial. The only basis for denial of an Am1l1ified Sound Pennit apolication
shall be orior adiudication for violation of this Ordinance relating to the same
Amolified Sound activity.
(7) Terms of approval. Once granted. the oermit will remain valid. so long as there
is no chanlZe in use on the subiect property and no substantive chanlZe to the infonnation
Page 19 of36
Words underlined are added; Words ,wok liII'...gIi are deleted.
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Agenda Item No.18A
December 16, 2Q08,
Page 27 of 43
orovided on the aoolication. Chanll:e of ownership or chanlZe of business will not invalidate the
permit so 10nlZ as the use remains the same: however. the permit may be revoked in accordance
with the orovisions of subsection G.I O. The permit and related Sound-oroducing activity may be
reviewed oeriodicallv to ensure coffioliance with this Ordinance.
(8) Fee for permit. A nonrefundable fee for the oermit covering costs associated
with administration and orocessinll will be assessed in accordance with the Fee Schedule
ap,proved bv the Board of County Commissioners and in effect at the time of aoolication. and
will be oavable at time of anolication, I
(9) Enforcement. All Amplified Sound activities approved in coni unction with the
permit must be conducted in accordance with the provisions of Section 6.B (Maximum
Permissible Sound Levels bv Zoning: Classification or Use Occupancv).
(10) Violations. Anv violations of the orovisions of the permit shall be enforced in
accordance with the orovisions of Section Ten of this Ordinance. In the event of two (2)
adjudications of violation of this Section within anv l2-month tleriod bv the Code Enforcement
Board, Special Magistrate. or court of comoetent jurisdiction. the Amplified Sound Permit shall '
be revoked bv the County Manaller or designee for one year from the date of the second
adiudication. and the oermitted activity must cease immediately. unless otherwise ordered.
Durin!! said Defiod of revocation, the person having held the revoked Permit shall be ineligible to
aooly for an annual Dermit issued Dursuant to Section Six. Apoeal of the revocation ofthe permit
must be taken in accordance with Section Nine of this Ordinance.
F. ABulia. perJRit fer lwe peFfer_aRes Blllsie 8Rd/SF amplified souRd at eeRlBlereiBI BF
t811rist eSlIHIlereial m sites. SeaRds t8 auraet aUe.tieR t8 a peFf8FBl..ee~ she,,', sale 8F
diDplay.
(l) Eu:eept as etReFlf!ise eKe~tea hr flUs OfEIiB&ftee~ Be l'eFSSR skaU e&\:lse, a:llav." ar
Sl:lf:fer Ii., e per48ffllanee Jtll:lsie at 8.fftI'1iaed 86t1:ftEiS te emanate frem at thfe1igB a
fl8aeaeles8a m!X area sf iurr lnlsiBess estaa1ieluBeBt 8BeB fer eftt.ertaimRe.mt Jnlraeses
..vi~R a semmsrsial SF tewlst lies 0eGUflaney af .'(';8B8 ~efeFe 8Btainiag &em t.fie
CetUltYaB anRHal fJ~_.JRit in aeee:M8:Bsl! with sahseetieR (3), gele';",'. }Ia annHal f'8fffiit
skan Be issa8E1 fer live perfsrmanee IftHsie aF 8.lBfJ1Hied selH1E1~) t9 emanate K-81R aHY
site aF HDit thee itl Fesis8f1tial 1:ise ar zeniag-, aldteagh ~8ei&l e":8Rts at resiaestial
Page 20 of 36
Words underlined are added; Words .wok _...glt are deleted.
Agenda Item No.18A
December 16, 2g08
Page 28 01143
sites FB&y he eligihle fer e8H1Bulnity ~:eHt f1tu~lits aHtfteFized iB 1his Ot:c4inanee !h!
LB:Be De\'elasJBeJN Cede.
(2) Live }:JerfaflBanee RHlsie aT BHtplified s8Blul eRUlRaQng &e1B SF tMe\igft a
R81lefteleses ~ area Bllall Bet 81Leeea tfte applieaele 8&ytitHe lel';e]s eeR'}eee. the
aal:lfB 8[9:99 a.lB. ane 19:99 p.m., Slut shall Ret BlESSeS tae appliaable nighttime Reise
levels BeRl'.~e8R the h.eurs ef 19:91 p.m. ans 8:59 a.m.. vAum m.ea&Yfea eat sf seeps at
ar iRsiae the prepefty bamular)' sf ather sites sr 1:H1its is resis8BtiaI \lse ar ze:niag.
These pre'":isisfts ar-e sltbjeet te the eUBIBf'tieB is sesseMeR D, ahe-:e tHH:lltifamily
w;:elling lHlits Wlser effeetive saMPat sf managemeBt).
(3) Pfler tea anmtal "':'Il~t iss\tiH\ee, 8:fl appIieaaeB shall he alea e9Blaining all sf the
felle.T.1iftg iRfSfRlaaeB:
a. Nam.e anElmailiBg aelElr-ess sf IlpJllieant;
h. }>lame1 and adaress,l and Bkeas HWBBefB Bethe BllsiB8SS aT estaelishmeRt k8fB
wmeh .;:BlR li...e tJBrfemumee Rlysie aRB/aT 8n1J3lifiea satuu! '::ill emanate
ffem sHeR a8ReRslesea &fea;
e, Desefiptisa efthe applies for R8Ret1eIssed area and the e.le~) fer ,,,hi ell Iiwle!
p8Ffemumee ffiHsie af amplified sS1:IIul ".w/ill SRlEale Hem tile at1IlH:ftIly
:P-.......~1t""e R988flelasea area: (e.g., SiMer Rew, hap,,)' Hew, d~e, e~/eBiBg
aT .1leeluma8ftteftaiflfBeal, ete.).
d. Dessriee all i1ellfS Eillriag any 24 RelH' "eriell ffiuiag whieh SIICR li.ie
perfsfHumse fBHsie aT am]:llifiea saans ~.\'ill em8:Rate.
0. Caleadar year fer the 8r.ftaaI p,,,....uit heiBg applied fer,
(4) Fee fer "'8.&t permit. ",A... ~19.Q9 fee shall he "aid BY the af'J31ieaBt at the time sf
applieatieB :fer aft arall1:lal ):JsfBlit fer vasts ass8siatsa with a6mfniskatiea and
eafereemeBt. These iIfHllHlJ p8RRits nul Hem Jan\:l8I)' 1 thfel:lgh DeeeIBher J 1. Thefe
shall he Be pref8.tisR ofilia &fIf)lieatisB fee. Taese ar.nHal JJu....."'jt fees may Be ekanged
Hem tame t9 time BY l8sahltisa(s) efthe RaMS sf CS\:Hlty CSRlmisaisaers.
(3') Vielat.i8B ef &BRual pSfHlit fer lh~e perfeFRl8:Bee Hu:tsie ana amplifieS. S9lHld. SYhjeet
te the multifamily d.,yelling l::lJlit "l::111aer IB9BagemeBt snelBJJtleRS" iB saeseetieB D,
aeeve, BBY "MoaR .....he, ar eRtily that, BIl\IBBS er allows to es B&1ised anmIallrl
"_....ittellli.;e "erfeI'lllBBSS lBlisie ar ar.lllially "BfHlittsllllBlJllifiBIl Belllld ta slIulflefe I
I
Page 21 of36 I
Words underlined are added; Words .\fUek Ihr.llgllare deleted. I
I
I
Agenda Item No.18A
December 16, 2do8;
Page 29 of143:
ifelB af thfeagk BftY aF1BliftIly J1eRBitteEl BaR Melessa afeR tkat 6Keeeas any sf tke
SWUR. sf sa8seeaeB (2), ilB8vey &hall Be in vielaaeB af tits amHlal pemlit aRe sf
this OrEiirumee. Baea meiaeflS8 sf Bawd level Meter l'ef8lit time sf day 91' ether
}3ee:nit reatFietisB .:ielatie8s Rlay eenstitute a separate effeBse as EleeiElea hy tIte
en.fereem8ftt fefUlR ia t:lle speeiiie ease.
(6) EBfereemllllt ef "BHIlI permit, ViellltieBs ef the _HBI f-w...dt shllll bB eIIfeflleB iB
aeeefElanee -.vith the pre"/iBiell5 sf SeeaeR r.:/ewe (eeElifie6 as SeetisB 51 83 sf the Cese sf
LCW1S ana OfdinaBees),
G. ..A....dl8Fsed ~elle81, Park er PI8)'g:r8&Bd ..A._etR~Hies. }JetmBg ia tlHs OrwftBftee is
iateRdeEl t8 regalate an-y saYRes emanatiBg ifelR aft)' alttfleHzeEl ~laygrel:lfl6 91 seheel BJ'sftiag
SWIM!, 8flteftainmeBt 8':eBt, aT Qlid:terizeEl 0';eBt at a puelie aT private playgr8\:J:ftd ef 56Bee1
J3re~:idea tHe Bawds theFeHem 6eBfefftl t8 the aatfterizatieB grBIlted 9)' the playgpel:lflEl's aT the
sekeel's fttBRagem.eRt te eeflQ\lst 1ftat tv.~eftt.
H. :Raee,*y&y Faeilities .ad ~.te8\'Hies at tlte Iall.slr.lee RegiBBal ..\irpert TRis
QfdiBllRee shllll IlJlIlly te the eliistiag eRe eigiltfi mile lkllg stfljl at the Immeklllee RegieBIIl
i\dflleft 1mB shall eemimle te apply thefElte IlBlesa llfIa lH!til Elifferellt Reise levels mey be
aetefHliReB by mellll5 ef the fellev:iftg pw.n.ittiRg pflleesses. This OfEliRllHee Bees Ret estebliali
any sewd lW/el standards that Bfe t9 apply te aft)' faMe raemg iOeilities aT ae~fities Hereafter I
leeated at tRat aWpaR. If ae.6itiSBal mee'Nay [aeilities are a\HheRzea at tflat aiFpeft, tke salIBa
lavel StllRB8I'BS that a1i1ll1 e~ly therete shllll be BetarmiBeB by &nd dllFiRg the pemittiag
pfeeeSS8S tits! alltften38 Blieh mtUfe faeilit.ies Qftdl-er aetiviiies. The ae8fd sftall aa.:e fiR8:I
apl!oo"'fH amBeRt)' sf ill:) Rl'plieaele SeHJl8 18.:81& after l'ae1ie ReaAag tBereSfl. These ft&''': selitlEl
level staneaFEls sRalllh.8B Be Rl'l'lied equally t8 the 8J=te eighth mile arag strip. These 88':: s8\Uul
10'/81 staJuiares eBB BJEssed, Bat shall Bet ee strieter tRafl, the HlaKimH.fR S8ltfta le~:els a6\.'
~eeifieel in this OfElintmeB, aDd skall be aetefHlmed BY aIle Qm1ftg the p_...khttiBg preeessBs that I
&iHftBRile SlieR Mtlre feeilities end/er aeti...itiee. SlieR standafBs shall be aeesRbaB Hi t_s ef .\ I
weighteB testHig IIBdar Table r eB6 b)' eeta"le Bend stllflderels IHlder Table II, end tllere sRall be Re I
time averagiflg ef 8HY ef t!lese S8\1ftas. Net\\'ithutenEliBg i1HY ether theB ellistiRg enforoemellt I
akemsti'les, these stiIHBlIl'Eie, eRae elitablishea, shall be eRfereeallle by applyiRg this OrEliBilHce. I
I
I
i
Page 22 of36 I
W orels underlined are added; Words stn>ek lhreagh are deleted.
tH.
Qdler RS.BElies '.eserrea
I
Agenda Item No.J8A
December 16, 2~08
Page 30 of43
Ne jlFe.;jsiell ef ~s OrtIil1tlllee is llHeBdeEi te disfttrb the I
right sf the Ceanty aT sf~' )l6f89B aT eatity te Inmnle any ether lam.esy fer the 8eatemem sf a
'flllis8:Bse, er any etfter {emser d:iat may th8B he w:ailahle liRaer la":: af 8'lHity. This Oriliaanee
dees Bet apply 18 the eJcteat the SJ'eeifi.e regyla1ieB is dum fJresffiI3tes BY HeRda ar ieaemllt1"s,
nile aT rsgalatisfl.
SECTION SIX:
AMENDMENT TO SECTION SEVEN OF ORDINANCE NO. 90-17,
AS AMENDED
Section Seven of Ordinance No. 90-17, as amended, entitled "Exceptions" is hereby
amended to read as follows:
i
I
The following uses and activities shall be permitted under this Ordinance and are exempt
from the Sound Level limits set forth in subsection 6.B:
A. 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 all equipment is operated in accord with the manufacturers' specifications and with all
standard equipment, manufacturers' mufflers and noise reducing equipment in use and in proper
operating condition, and is operated in compliance with Ssubsection SHt6.F hereof.
SECTION SEVEN. BXCBPTIC>>IS EXEMPTIONS.
B. Noises of safety signals, warning devices, and emergency pressure relief valves, 8Bd hells
SRI! shiffies ef slllHeRes.
C. Noises resulting from reasonable use of bells and chimes. such as those from churches.
D.G.- Noises resulting from any authorized emergency vehicle when responding to an I
emergency call or acting in time of egmergency.
E.I* Noises resulting from Emergency Work 115 deBBed in SeelieB Five,
F.E.- Noises resulting from equipment or operations incidental to the emergency repair or
restoration of services such as public utilities or other egmergency activities in the public
interest.
a.1<, Any other nNoise resulting from activities of a temporary duration permitted by law and
for which a lieeHse, jlBI...:! ef waiver lfierefefe Ilermission has been granted by the County
Manager or designee in accordance with 8eetienB SeveR, ]>JiRe, ana T6H this Ordinance.
Page 23 of36
Words underlined are added; Words s"".k 1iIf. .gh are deleted.
I
Agenda Item No. $A .
December 16, 20~8
Page 31 of 13 '
H.G, Noises made by persons having obtained a permit to use the streets. I
1H.- All ftNoises coming from the normal operations of aircraft (not including scale model I
aircraft), including Noise from mosauito foglring aircraft. and from the normal operations of'
airports within the County.
1. SalIBa Hem ..~ehieles ~yheR sa a F6a6 sftal] Bet 98 fsgulated BY Cede Ee:fereem.eBt
effi.eefS. inekUHag S81:lllQ frem ge\:lllEl JlfedHsiRg 60":ises \\.h0B sa Q raaa,
J. Motor vehicles used on Dublic roadways. as defined in F.s. 9 316.293(2)(a). (b), and Ic).
K. Ordinary noise created by the nonnal operation of railways.
L. Operation of 8gquipment or conduct of activities normal to residential or agricultural
communities such as lawn care, soil cultivation, domestic power tools, lawn mowers,
maintenance of trees, hedges, gardens, refuse collection, agricultural equipment, saws and
tractors, street sweepers, mosquito fogging, tree trimming and limb chipping and other nonnal
community operations, between the hours of7:oo a.m. to 10:00 p.m.
M, ExceDtion for exlstinl! Oller.lioDs, An excCJltion to the Sound Level limits contained in
Section Six. Table 1. shall be Dermitted where a commercial use or other non-residential use had
in Drior vears established its Dlace of business in an area awav from a residential use. and through
subSeQuent develooment or rezoning. now finds itself adioining a Residential Zone. In these I
instances. the Sound Level limits in Table I Dertaining to the oreviouslv existing zoning or use i
catel!orv shall aoolv. and the commercial use or other non-residential use shall not be reauired to
meet those Sound Level limits Dertaininl! to residential zoning or use. CSlllpliaBee Pt-s,'isisB'.
lB tRess mstaBses '".":ReJ=e Qfl Huiastry aT eemmefsial BliSiB6SS Rae ~r-ier te FeeAlB.FY 23, 1999,
estalllishea its )llaee ef 11IlSiliElss ill BIl Of6R remevea frelR l6eiatllltial ilellC Ma SliBse~lllllltl)'1
thf'sagR ea.ereaehmeat afresisSRbal ae.,slapRleRt €Ie :rez6ftiag, eeeante imntediately aEljaeeat t8 81
Fesideat:ial zeRe, StlSB Btl5IDeBS skall Be re~ea te eemply ,:..ith all sSatlfttt lLey:el limits. '
}Jet\y,abst8fuliag iRe BBs"..e, (aeilities aRe ~re6eBBes EHCistiftg at the BusiB6SS site as ef JanHary 1,
29lH shall Be aeeHIea te Be ia full eelfllllillftee ':lith this Orainlillee )lre...illea tae reilflesth<e,
I
Business s61f11llics wi!h !he felle':. iag: I
(1) fJi eagilleel wi!h ellJieFtise ill tbe Sll8jeet Iflllttel area ef aeeustisalllllgllleeriftg anal
::e: Ie )lle'rille SlieR serviees in Flerilla, is retainea 9)' !lie Bllsiaess Ie sellalle!,i
-~6 5 eeaallet, a !lierellgB aeellsHeal llBBlyois af the rele'/lUlt Beise )lre811eift~
aJ'6fatisBS ef tke lrt:lsmess; aas I
I
Page 24 of36
Words underlined are added; Words slfUek llvollgh are deleted.
I
Agenda Item No. $A
December 16, 20f8
Page 32 of 3
(2) ~\. timetaele (fer eSIllJBeasemeRt &:Be esmpleb.sa sf the eJigiaeer's pFe'Pes6d S8\Kl8 !
EedlletieB JlIIlll is te Be HBdl!ftakllB BY tile BlIfliROSS) is JlFeseRted te tile Cellllty's
DiFeeter eresse BRfereemsRt, .lIfte is lu.fthy IHdheA2iee t8 B5seftaia (~.{ith af -:,'iths1:It
El:Ssistanee ef an &es\lstieal 8BgiafleRRg Hm relaiBed BY tile CSltBty) .;.~hether the
)uepesed remedial ffi88:SYfeS and amet.]e appear 18 he BEleEfllate ana reassBaele. If
appf8ves t8 he fsasenahle hy the Direeter, the DiNeter shall !HaBitar the appFEv:eEl
plan ana timetaBle t8 8eBHfm timely eelBtJle~ieR sf tile plan; and
(3) B85ea HfJ8a tHe esglaeeABg analysis, the 8tlsiBeSS, BY e3[JlieBding ffieRs)' analer talBflg
ether FBlBeliial measlH'BS, makes a geed faith eWeR Ie attempt Ie BelRply fully witB
the applieahle IBtH~im.u.m. Beise levels as m885\H'S6. at fepres91Hative feeiaeMial aeise
(4)
affestea sites SAdler Uflits, ana tlte F8fBa9ial m8&8Uf8S hRft! the effensmg Heise levels
b,lo,yard sempliaRe8 "."/ith $8 maniftHHB S8\I:B8 level5, and after eempletisB sf the
plan's setUla re8\lstieB meil6\tf'es, tlie SEI\HlS 1&"/815 de Bet eneeea any a~plieaele
HiaKmntm seans level spesified ill tRia Oramanee BY male tAM B;:e aeeisels; and
In the 13Fe:fessisRal jliElgmeat sf the B1:lsia8SS' retaiBea ae9\lSaeal eRgiBeer, ,I
I
Bl!J!eRililufe af atIditiall&l maRey ar etiler FeSe\lRlB6, sr tekiag ether remedial I
mSaBt1f8S 19 attempt te furJter redllse tfte Ie-leIs sf any sueR S8ttRas is u.nlilrsly tEl ,I
I'8GWt in any mBaniagful fur.her Eedll6tisB iR IIIlY Bf the eBWldle'lel tileR emanatiRg I
i:em the B1:lSmsss. I
CsmJllianBe -,villi the eBs'!e felH' SUBjler-egFapM Gliall 6eRelllSi"'Bly estelllislI thet iflhel
Cellllt)' sa811ld reljllire 8ft)' fur'.her B![JlllBditlllll sf maRey Br tile talHRg ef 1IIl)' alilerl
remedial measlH'ea will therelly ilRpBae 8ft IHlEkle eeBBamie BlH'Ellll'l l!fleR thatl
Business. Un611& eeenBmie BlH'ElllB iBBllldes mellstery leases Jlrejseted Ie Fesult WaHlI
fefllflaRg the Bllsiaess t9 ee~ly Hie!S fully v:ith 1M applieaele ftiaUieUHfi se\:IftEI
18":816, iaell:lsiag, Bat Bet Bseessarily limitea te, eessatisB or any redustiea sf the
B1:lsifteaa'llel:ll8 sf apeFatiag il~&ftg any 2~ hew "eriea.
(5)
N. The reasonable use of the unamolified human voice. ,
I
O. Noise resulting from regular maintenance testine of standby emergency oowe~
generators. orovided thaI any sound attenuation orovided by the manufacturer is retained, anJ
i
orovided that the noise occurs between the hours of 9:00 a,m. and 5:00 o.m.. Mondav throu~
Saturda excludin holida s staled in subsection 6.F.2.a hereof. The fre uenc of maintenancJ
Page 25 of 36
Words underlined are added; Words SlRIsk lhfOHgk are deleted.
I
Agenda Item No. ~A '
December 16, 20 8,
Page 33 of 3'
testing and the duration of each test shall be no more freQuent and not IonIZer in duration than I
thirty (30) minutes once a week.
P. Authorized School. Park or PlaVll:round Activities. Sounds emanatinll from any
authorized plavl!I'ound or school sporting event. entertainment event. or authorized event at a
public or private school. park. or plavl!l'Ound. provided the sounds therefrom conform to the
official authorization l!I'anted to conduct that event.
Q, Racewav Facilities and Activities at the Immokalee Re2ional AirPort This
Ordinance shall apply to the existing one-eighth mile drag strip at the Immokalee Regional
Airoort and shall continue to applv thereto unless and until different noise levels mav be
determined by means of the foJlowinll permitting processes. This Ordinance does not establish
anv Sound Level standards that are to applv to any future racing facilities or activities hereafter
located at the airPort. If additional raceway facilities are authorized at that airnort. the Sound
Level standards that shall apply thereto shall be determined bv and during the permittinlZ
processes that authorize such future facilities and/or activities. The Board shall have final
approval authority of the aoplicable Sound Levels after public hearing thereon. Those new I
Sound Level standards shall then be applied eaually to the one-eighth mile drag striP. Those i
new Sound Level standards can exceed. but shall not be stricter than. the Sound Level limits now
specified in this Ordinance. and shall be determined by and during the oermitting processes that
authorize such future facilities and/or activities. Such standards shall be described in terms of A-
weighted and C-weighted Sound Level testing under Table L and there shall be no time
averaging of anv of those sounds. Notwithstanding anv other then existing enforcement
alternatives. those standards. once established. shall be enforceable by aoolving this Ordinance.
SECTION SEVEN: AMENDMENT TO SECTION EIGHT OF ORDINANCE NO. 90-17,
AS AMENDED
Section Eight of Ordinance No. 90-17, as amended, entitled "Community Event Permits"
is hereby amended to read as follows:
SECTION EIGHT. COMMUNITY EVENT PERMITS.
The County Land Development Code contains the reauirement for and process related to
Communitv Event Permits.
Page 26 of 36
Words uoderlined are added; Words slRlok lllreugh are deleted.
AIljllislliisR8 fef a eelBRtllllH)' eueR! jl it fef felief 80em tile mllliimllHl alle'~'aele
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Agenda Item No. ~A
December 16, 20 8
Page 34 of 3'
I
.... , -....... BeIse eve
limits eesigallted ill this SeabeE ar EestiBB TeR HIli)' he maEle m -]mtiag te the CelHlty
AdmIDlswter aT his a8sigaee. .... eeH1Hlll!lity eveRt pUl..it HllI)' Ret lle ebflliRoli lly tile aehler sf
an BrJlBal p&Hllit fer any tv/eat pIXR..i~ed )3l1FSu&nt t9 the anBl:Htl p.ulu~t. ..A~, eeBmlWlity S'leBt
!lv.....:t gfllBteli lly the CellRty ....Eiministflltar aefelHUler Hlast lle Hlade iR ';..atiag aRe shall 69BtaiB
all eeBoitiens ttpeR .....lmsh saie eSHUllanity eveRt peHllit shall lle streetY/e. Ths CeWlty
..\8minisRter, Sf bis desigBee, may issue 8 eelllBHlnlt:,. e.;eftt p _u~jt \Ul6ef the fells';;iBS
S8ftftitiSHS:
I. The Cet:tmy ..~aft:at8r may )JFeseftee my reaseRahle eSBdifieB& at r8q\tifeR.eats
as lie aeeHl6 Beeessary ta miRiHl~e aaVefS! eft'esta 1:lJ'8a. tile eeHllBtinifj' aT tile
S1:IR"9WUHHg HsigRssrksed,
iHshulmg HSS sf Rlu:f.llSfS, seraeRS 9f etiler
SSIIHlII
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iHteJU:t8.1ing de~;iees.
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2. CSHHfl1:HH.ty eveRt pefl..-its iss\lsa h.~e1:lll8er ma-y he grmtea fer an)' plar~e8 j
esmmHnity s":e&t &5 deafU:!ld. R8f=eiH. I
3. CelllBHlnlty EWeRt pUlnitB issl:lsa fteFel:ll1Qer fer eatefl.ammeBt 8"/eMS, iaelaciiag I
I
f18fa6es, eateltaHlmeat eVeRts ether +I....~ at "MCS, pla;'gfeY.llBs af sekeel }JFspeFly; I
608eSftB, iR stfeet 8./9t8, fH"e',v8AcS diaJ31aya, ana sukstantiaUr similar 8i:eBts may gel
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a. The ev&Bt RUtst Be 6J'eB te tfle J3u91ie (aemissi8a may S8 ekargss); i
e. The J'_u.~t eall Mlthe.Fi~e the eat8ftaf.lllBsHt e...881.6 RmstiSB fef tip t8 16 hS1:IfB ial
,
a 21 IIslH' day; and !
e. The BBteftair..m.eRt e.:eBt itselflllay nmetieB sBly eetweeB tke 8S1lfS af&:OQ a.m.. I
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gt'lIBlell s\lbjeet ts tile folle'Niag eElBEliti91l5:
aRe mifinight.
4. CemmHBity W/eBt JU..llRits fer ether than eateFtaill:tBeHt eY/BRts may he issued l:lflder!'
Ifle felle',ViBg 69Beitisll5: I
a. If tae eemmlHlity eVeflt Fellates te the EJJJeNasR sf a tfade ar 8tlSmeSB eNt is Ratl
eeneaetea is tae erEiiaary eeYfSe sf Y:iet traEie sr BusiB8SS;
B. If the apJ'lieaBt is an insivielaal, the 6emmliBity s'/eBt dees Bet relate t9 the
epBfatiaa sf a H:atle aT B1:lsiB8SS an.a the eamm\ilHty e'..sat is Bst aa efEiiaary 0'/Clatl
in the a.ffaHs eetke applieant; i
Page 27 of 36
Words uoderlined are added; Words SlfU.1< Ihr...gh are deleted.
Agenda Item No. ~A
December 16, 20~8
Page 35 of )3
e. If ilIe eellllftlHlity eVeRt is e. reellf'fiag eveRt IIIK aees Bet rellll{ mere efteR ilIl1B. I !
fear times eaeB eahmdar year; &ful !
d. If the eeHlFRlHlity e~/eBt dees Bet relate t8 iRe 8l'emtisB sf a iFBtie aT BHSin8S5 mEl
tile event is eelBjllNiBls wilk ilIe er4ffiary aeti\'mes ef lke Beig\l.Bsrlleea iB whieh
the eSHHR.H:Jlity &'.~eBt is t8 eeS1H".
5. BKe9jlt is. e1Bergeaey sitllatieJlS, IIll detsmlillea BY tile Cewwy .\Elminiatrllter, er IIll
restHetea ift SeetisB Ninet II eemaNmity eyeat I'~.u";'l may Be isBtied fer aBly fear
aeltfS BMweell 7 ;Q(l a.lB. aHa 11 ;Q(l Jl.HI. ell '::eelllillys fer 9'\'eats ether lIlaa
eBtertaitlHleBt.
6. 1.\ eeftlfBtmit.y IF/eRt ~~.ll1Ht Rl&Y Be issaee. fer Be laager the sal.'eft eenBeelHive days.
7. Ne eelllHllllli~' eveRt Ilsf!Bit HIllY Be iosuea te aile";; the 1I8e ef aHY leliaSJleabr er
B6HBS B.ftlpliFyiBg ae"liee 8ft t:ke eJt4eRer ef aBY eailding ';;8iek at 8ft)' time aneee.
ilIe apjllieallle aellild level limits ill Tallie I hereef ensellt ilIese lIlIea fer eIBorgllfley
\.,umiRgs ana exe~t as 8theFr~1.Se pooy,idea hy SeetisR 51 93 sflBe Csse efL&\vs aDS
OfQHUlBeeS B.efeiB.
SECTION EIGHT: AMENDMENT TO SECTION NINE OF ORDINANCE NO. 90-17,
AS AMENDED
Section Nine of Ordinance No. 90-17, as amended, entitled "Waivers" is hereby deleted:
SECTION NIHe. \l.'AI'fBRS.
...ALfJplieatisBB fer El ~:aFler fer relief Hem tHe HuedffitlIB alle~:.~a91e Heise le-:ellimi1:s ar
tiHls ef SIl)' resmetiaas desigaatea in tRis (WiaaB6e sIIall Be Hlaes ill '..mtiRg te the Beard ef
CeH:Bt:/' CefWliissieBsFB, v:lleB the aeti.."41y ereatiag sti.eh Beise is leeatea withia the)
ImiRGefJleratea area ef the Cel!Bty. ft.RY waiver gflIBtea BY the Beard ef CellBty CeHUllissielleflll
IlHlst be in .Nfi.t.iBg BRei shall eeBtaiR all seRsitiaBs aps8 -.vmeh saia -::ai..ler &Ball Be efl'estW'e.'
The BeltfEi efCellftty CeflllftissieB9fs Ifta)' gfIlIlt ilIe waiver liJlall eeasiaeraaeB efllle reljUeot at al
regularly aeheaulaa pulllie hearing llIla lIIlaer the fullawillg GSllsitieBS: I
I. The alljllielH!t has Bet reeeivea a wamiag er eitatiell ffem the Cede EHfefGeHleB~
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D8J3artffl.eBt .J/meh is Stlffef1t1y fJ86ding fer vielatisa sf Br~&l p_.nHt.
Page 28 of36
Words underlined are added; Words slR1.k through are deleted,
Agenda Item No,lA
December 16, 20'08.
Page 36 of 3
2. The Beard sf C0wNY CemmiSsl9fl8F8s iB gF&nMRg a .1lai.18r, RHl)' ]:JFeseflhe any
r-easaaalde eSRsiaSRS 81 F8CflHTemeBts it deems BseesS8fY t8 minimize ad\'et=S8 efieets
l:lpeR the eeRllBltnif)' SF the 9\:U'f8Y1K1iBg neighherheeEl.
3. \Vai-;efS Hem HlBKiRl1:lftt alh,".vahle Reise levelli'fflHs af time sf day restaetians may
be gaoled fer Raises ereated ...;ithfa an iaclllstflal 81 SSHlffl8Feial zeDS I:ty Bpef"8tieRS
wftiell W9fe iR exist9Hee en the sft'eeti...e liate ef tke OfliiRanee 90em 'l.well this
Ordis8Bee "lias deFi.,ea.
t 'Haiv8.r5 may he issl:leEI fer BEl laRger fkall 3e says, l'8Btn-:ahle h'J' mr..her 8pplieatisR
te the Bears of Ce\:lftty Cem..missieaers.
SECTION NINE:
AMENDMENT TO SECTION TEN OF ORDINANCE NO. 90-17, AS I
AMENDED, AND RELOCATION OF SECTION TEN TO
SECTION NINE
Section Ten of Ordinance No. 90-17, as amended, entitled "Right to Appeal" is hereby
amended to read as follows:
SECTION +BNNINE. RIGHT TO APPEAL.
Any person aggrieved by the denial of his application for a permit. or revocation of an
existin2 permit. by the County .htlH1iBiBtfllter Mana2er, or his designee, may appeal such denial
or revocation to the Board of County Commissioners. Such appeals shall be taken within 30
days from the date of denial or revocation by filing with the County f.Eiministmter Manager a
written notice specifying the grounds thereof. Due public notice of the hearing on the appeal
shall be given.
SECTION TEN: AMENDMENT TO SECTION ELEVEN OF ORDINANCE NO. 90-17,
AS AMENDED, AND RELOCATION OF SECTION ELEVEN TO
SECTION TEN
Section Eleven of Ordinance No. 90-17, as amended, entitled "Violation; Penalties;
Enforcement" is hereby amended to read as follows:
SECTION TENBLE'lBN, VIOLATIONS; PENALTIES; ENFORCEMENT.
Page 29 of36
Words underlined are added; Words 'lRlal, lilfa"gh are deleted.
A.
. I
Agenda Item No. 4A
December 16, 20f8
Page 37 of 3,
Any person violating any of the provisions of this Ordinance shall, upon adiudication of a 'I .
b th C d E fi tB d S . 1M' tr t urt f t t' . d' .
V10 anon v e o e n orcemen oar , pecla alnS ae.orco o compe en luns Ictlon.
esft":ieti9fl thereef, be subject to a fine not exceeding $500.00. er iml'ftseRIBeHt Ret ellseeaiRg (jQ
days, ef Beth. as follows:
First Violation $100.00 fme
Second Violation $250.00 fine
Third or more Violation $500.00 fine
Each incident of violation aay SliOH ':ielatiaB is ealBmittell er jlefIBittea Ie esntifttle shall
constitute a separate offense and shall be punishable as such hereunder. Any person who
continues to violate the provisions of this Ordinance after having been previously cited, may be
subject to further citations, iBehuiiRg the ~'liJleR whieil the efigiBaI ei~eR 'liltS issliea.
B. Upon eSRvietiea ef adjudication bv the Code Enforcement Board. Soecial Magistrate. or
co of competent jurisdiction of three violations of this Ordinance thrse tilBes for the same.
off:se within a 12-month period, when the o;ending 5l!Elft sS,ound is created by the same i
sS,ound emitter, the noise creating equipment may be confiscated by the Code Enforcement I
Board. Soecial Magistrate, or court following the Hlest reeeHt esavietiaa third adiudication Ofl
violation. until such time as the offender can satisfy the Code Enforcement Board. SDecial
Magistrate. or court that he or she is prepared to and, in fact, will operate said equipment within I
the limits of this Ordinance. Further adiudications of violation thereafter shall f9Slilt iB the be II
~ounds for permanent confiscation by the Code Enforcement Board. Soecial Magistrate. or
iI .. I
court, HpeR SHe DeW.1SH9H. '
C. The owner of property, a tenant, a lessee, a manager, employee, an overseer, an agent,
corporation or any other person or persons entitled to lawfully possess or who claims lawful
possession of such property involved at a particular time shall each be responsible for
compliance with this Ordinance and each may be punished for violation of this Ordinance. I
I
D. It shall not be a lawful defense to assert that some other person caused such sound butl
each lawful possessor or claimant of the premises shall be responsible for operating o~
maintaining such premises in compliance with this Ordinance and the offending act shall bel
punishable whether or not the person actually causing such sound is also punished. i
Page 30 of 36
Words underlined are added; Words s"".k lhnlugh are deleted.
I I:
Agenda Item No. ~. A
December 16, 20 8
Page 38 of 3
I
E. The County Sheriff or fli5 designee or any other authorized enforcement agency is !
empowered to investigate any situation where a person, business or other establishment is
alleged to be in violation of this Ordinance, If the Sheriff or fli5 designee or other authorized
enforcement agent encounters a circumstance which reasonably indicates that a person is in
violation of this Ordinance, or where the Sheriff or fli5 designee or other authorized enforcement
agent responds to complaints regarding aAmplified sSound or nonamplified music from a
aea_lesed anv area for which an &Annual Sound Itfermit has been issued, he may administer a
BallBa level pfeSSlII'e test with a sSound !l,evellBMeter and ascertain whether a violation of this
Ordinance has occurred. If the result of the selHld le'}el jlfesslII'e test indicates a violation of this
,
Ordinance, the Sheriff or ftis designee or other authorized enforcement agent is authorized to !
demand that the violative sound cease, and to issue a citation or notice to appear, aT te _est, to
the person producing, causing to be produced, or allowing to be produced the aAmplified Reise
Sound.
F. In addition to the foregoing provisions, the following enforcement procedures shall apply
where an annual permit is required pursuant to Section Six 9r 8eetiea S 1 9J ef the Calie ef Laws
1HI8 OFEliRaBees.
(I) Upon the first violation of the annual permit the County Code Enforcement
Department or Sheriffs Office 8Bj111Rmelll may issue a verbal or written warning, if
one has not been previously issued by another authorized enforcement agency, and
upon the second violation or any subsequent violations within a 24-hour period a
written citation may be issued. Any violations for which a written citation has been
issued may be referred to the County Code Enforcement Board. Special Magistrate.
or to a court of competent jurisdiction. in accordance with the procedures set forth in
Countv Ordinance No. 2007-44. the "Consolidated Code Enforcement Ordinance".
(2) If cited to the Code Enforcement Board or Special Malristrate. the Code Enforcement
Board or Special Malristrate shall conduct a hearing and provide for and enforce such
penalties as provided by law.
(3) In addition to the authority of the Code Enforcement Board or Special Magistrate to
impose fines and other penalties, the person, business establishment or other entity
causing or allowing to be caused the violative sound may be subject to civil ancL'-Qr'
Page 31 of36
Words uoderlioed are added; Words SlJ'Uek lIIre..gh are deleted.
criminal penalties as provided by this
competent jurisdiction.
Agenda Item No. 8~
December 16. 20g8
Page 39 of 13
Ordinance upon conviction by a court of I
I
I
Upen the sesells llftfereemellt askeR rcfefl'e!! te the Cede BBfersemeat Beafd er te a I
eeart ef e91Bjleteat jllFisdietien '.dtkin 8fty 12 msl!tll peAe!!, the 8lHIIIlll Jlennit slIall
(~)
he r~laketl by tlte CemmtHiity De":elapmeRt SefYiees ~Az&minislfater fer eHe year
fraHl the lIate ef fiBa! aetian BY the Cese EafaFsemeat Bsltf6. ef BY a seHr-t sf
selBjleteFlt jl:lfisdielien Ha!!illg the jlllf8sa in '/islalien ef this Ordinaaee. DlU'iag saia
jleAe!! efre'/ssetisll, the pSf!lsn IHwHtg BelEl tBe rS'.'elwEl jlDnnit shall Be ineligiBle te
appl)' for 8ft 8:RIllIaI jlc_it isstiea plH'Sliant te SectisB Six sr geetisR 51 93 ef tae
Cede sf l.a\V6 ana Ofc4.iBaaees.
(5) ,<\By lleflJeR aggricvea BY the revasetisn ef the _tial pumit BY tile CeHlHllHlity
DevelepmBRt f.dniiBisHsf lBay appeal SliEllt rll"/esalisa ts tile Bsltf6 sf Csltilty
SBUBlSSlEJae ,e9a 18 ".:1 ea me 18 lD.8Bee.
G. Statutorv Vehicle Related Noise Violations. Motor vehicle noise orohibited bv Section
316.272. F.S. (excessive or unusual noise from motor vehicle exhaust system), or bv Section
316.293. F,S, (maximum motor vehicle decibel levels measured bv testing eauipment). or any
vehicle noise orohibited by anv other Florida Statute. shall be enforceable bv the Sheriffs
Office. and shall not be enforceable by Code Enforcement officers.
H. Noise that violates this Ordinance emitted from a vehicle (including motor vehicle) when
on a road. or emitted from a noise oroducing device related to a vehicle when on a road. shall be
enforceable bv the Sheriff's Office. and shall not be enforceable bv Code Enforcement officers.
These violations. when off road. can be enforced bv Code Enforcement officers or bv the
G
fa
s' teal 'tA Seeti ~r eftk. Gfd'
Sheriffs Office. including without noise testing bv apolving Section Twelve.
I. Other Remedies Preserved, Nothing in this Ordinance shall prohibit the Sheriffs]
Office from char . n ersons res onsible for acts which affect the eace and uiet of ersons
who ma witness th for breach of the ea e or disorderl conduct under Florida Statutes.
addition. no provision of this Ordinance is intended to disturb the right of the County or of an;
person or entity to pursue any other remedy for the abatement of a nuisance, or any other remed
that may then be available under law or equity. This Ordinance does not apply to the extent th
specific regulation is theR preempted by Florida or federal law , rule ar regulatiea. I
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Page 32 of 36
Words underlined are added; Words 'Rol, 1Ive..gh are deleted.
Agenda Item No.lsA !
December 16, 2nOB'
Page 40 o~43'
SECTION ELEVEN:
AMENDMENT TO SECTION THIRTEEN OF ORDINANCE
NO. 90-17, AS AMENDED
i
Section Thirteen of Ordinance No. 90-17, as amended, entitled "Use of Loudspeakers" is:
hereby amended to read as follows:
SECTION THIRTEEN. Use of Loudspeakers.
Loudspeakers or public address systems used to produce sound signals from any source
far either aelver-lisiHg or etker flllfjleses may not be operated on or over public property and
public right-of-way, unless an annual permit has been issued by the County f.aminilltrater
Manal!er or his designee. An annual permit fee ef $5,Q() shall be paid for such permit. The!
permit may be canceled for noncompliance with this Ordinance. Such systems may be used
Monday through Saturday during daylight hours only.
SECTION TWELVE:
AMENDMENT TO NEW SECTION OF ORDINANCE NO.
90-17, AS AMENDED
The section of Ordinance No. 90-17, as amended, entitled "Noise Violations That Do Not!
Require Use of Testing Equipment" (added as a new Section 54-93 of the Code of Laws and
Ordinances bv Ordinance No. 07-61) is hereby amended to read as follows:
Noise Violations That Do Not Require Use of Testing Equipment.
A. This sSection, which shall be narrowly construed, applies notwithstanding other,
provisions in this Ordinance relating to Sound measured bv Sound Level MeterssouHa'Hoise I
mewllumg (eeeillel teMing~ eElaiflmeHt. I
B. This sSection applies only to the felle'::iHg noise affected sites classified as residential I
use in Section Six. !
(1) Reoiaeatial awelliHg ef IIHil: TRese iHelllae siHgle family resiaeaee, liIifllell, ete"l
8]:'8l1m.eBt, w:/eIliag 6BBs8miaiWll tmit, mel1ile Reme, A8l:lSe frailer, bease Beat aT tf8:BsieBt
w:/elliRg tm:it iaelasiBg hatel, metel, iHfl or similar resiaeatial as! estaelishmeat tHat is Ret
mleffijltea Hem this OffiialHlee BY SIIBseetioa 31 nee) (mllltifamily e'l/elliflgs lIftaelr lke same
managemeHt);
Page 33 of36
Words uoderlined are added; Words Slmok Illrollgh are deleted,
(2)
(3)
(4)
(5)
(6)
(7)
(8)
HaSjlital;
Agenda Item No.IBA;
December 16. 290B:
Page 41 of,43,
I J
}itlfsmg keme;
LUnary iB l:lse;
P1:i9lie SF lJni:iHe sehesl, iaehuiiRg Gallege ana 1:mi:lsfSity,
Caart ill sassieR;
He~iee; ar
C8ufeR ia. 1158.
C. Taking into account the time of day, day of the week, and the unmeasured Ambient Noise
at the IIIIY IlBe"le Hstea noise affected site, the following nNoises are a violation of this Ordinance
without use of testing equipment provided such nNoise, based upon observation bv listeniDlI.
ltear.Rg by an enforcement officer and a complainant at the noise affected site, is clearly: I
(I) Unreasonably loud, raucous or jarring: (is clearly annoying or clearly disturbing'
to any individual of normal sensibilities at such site); or
(2) A nuisance: (without reasonable justification is unreasonably interfering with the I
peace and quiet of any individual of normal sensibilities at such site). .
D. This Section applies when either (or both) above-listed nNoise is emitted from a:
(1) Domesticated animal, including dog, bird or fowl, which violations pursuant to
this Section shall be enforced only by Domestic Animal Services or by the Sheriff's Office when
testing equipment is not used. These noises can be enforced by Code Enforcement officers when
noise testing equipment is used.
(2) Vehicle (including motor vehicle) Reise IlJlllliea te including the total volume of,
noise from the vehicle or from any part thereof including motor/engine, if any~, llEIa eaasiElel'iag!
w!tether This includes all vehicles for which any part of the vehicle's original manufacturer's
exhaust system, if any, is modified or removed, er lIe_aBse the 'lebiele ef IIIIY veniale relateli
S611REl "r-ealleillg eeyiee is eltt ef feJlair and all vehicles that are out of renair and anv vehicle I
related sound producing device that is out of reoair. These noises are enforceable bv the
Shcriffs Office. but shall not bc enforceablee by Code Enforcement officers unless VJ[8ept WRI!I\
the location of the source of such noise is off road.
(3) Sound Producing Device. These devices include every device designed to
produce, reproduce or amplify sound, whether or not related to a vehicle, such as horn, siren"
whistle, bell, musical instrument, radio, TV, phonograph, speaker, loudspeaker, microphone, or
Page 34 of 36
Words underlined are added; Words slRlok wough are deleted.
Agenda Item No. A
December 16, 20 8
Page 42 of 3'
other substantially similar device, including when a horn, siren, whistle, bell or similar device is
sounded longer than necessary. These noises are enforceable bv the Sheriffs Office. but shaUl
not be enforceableli by Code Enforcement officers unless elleept whllll the sound producing
device is off road.
(4) Exceptions; Lawful Business, Profession or Occupation. This &~ection does not
apply to any lawful business, profession, or occupation provided any such above-listed class of
RNoise is typically emitted from that type of business, profession or occupation, and at that hour
of the day and day of the week. This &~ection applies if such ftNoise is either not typical for
such type business, profession or occupation, or is typical but is emitted at a time other then the
normal hours of operation of that specific business, profession or occupation, at that location.
SECTION TIDRTEEN:
CONFLICT AND SEVERABILITY.
In the event this Ordinance conflicts with any other ordinance of Collier County or other
applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held
invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a
separate, distinct, and independent provision and such holding shall not affect the validity of the
remaining portion.
SECTION FOURTEEN: INCLUSION IN CODE OF LAWS AND ORDINANCES.
The provisions of this Ordinance shall become and be made a part of the Code of Laws
and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or
re-lettered to accomplish such, and the word "ordinance" may be changed to "section", "article",
or any other appropriate word. I
SECTION FIFTEEN:
EFFECTIVE DATE.
This Ordinance shall be effective upon filing with the Department of State.
PASSED AND Dm Y ADOPTED by the Board of County Commissioners of Collier!
I
County, Florida this _ day of . 2008.
Page 35 of36
Words underlined are added; Words slRlok lhrOl.gh are deleted,
ATTEST:
DWIGHT E. BROCK, Clerk
By:
, Deputy Clerk
Approved as to form
and gal sufficiency:
Agenda Item N
December 16.
Page 43
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
TOM HENNING, CHAIRMAN
Words underlined are added; Words SImek lbrB>>gB are deleted,
Page 36 of36
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