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Ordinance 2007-61 /.rvV"" -<6> I,,'" "'&> (~, ,') ~ 2~~~~ ~~ I ~ c~/' ~,~.'I\,;CRDINANCE OF COLLIER COUNTY, FLORIDA, AMENDING THE .)\COLLlER COUNTY NOISE ORDINANCE, ORDINANCE NUMBER 90-17, AS AMENDED; CHANGING SIX DEFINITIONS; CLARIFYING TWO EXCEPTIONS; DELETING REFERENCES TO ASA AND ANSI STANDARDS; AUTHORIZING REGULATION OF TWO TYPES OF NOISE WITHOUT USE OF TESTING EQUIPMENT EXCEPT WHEN SUCH NOISE IS COMMONLY EMITTED FROM A PERMITTED BUSINESS, PROFESSION OR OCCUPATION; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING THE EFFECTIVE DATE. ORDINANCE NO. 2007- 61 WHEREAS, noise that is unreasonably loud, raucous or jarring (clearly annoying or clearly disturbing to any individual of normal sensibilities at a specified noise sensitive site) or is a nuisance (without reasonable justification is unreasonably interfering with the peace and quiet of any individual of normal sensibilities at a specified noise sensitive site) is appropriate for regulation by ordinance without use of noise testing equipment provided such noise is caused by a domesticated animal, or by any device designed to produce, reproduce or amplify sound, such as, for example, horn, siren, radio, musical instrument or loudspeaker, or is caused by any vehicle (or such device on any vehicle) when not on a road; and WHEREAS, Supreme Court of the United States opinions including Grayned v. City of Rockford, 408 U.S. 104 (1972), Cameron v. Johnson, 390 U.S. 611 (1968) and Kovacs v. Cooper, 336 U.S. 77 (1949); Federal Appellate Court opinions including Reeves V. McConn, 631. F.2d 377 (5th Cir. 1980); and Florida Courts of Appeals opinions including Easy Way v. Lee County, 674 So.2d 863 (Fla. 2nd DCA 1990), hold that local governments can regulate certain classes of noise without use of testing equipment if such regulations do not delegate undue enforcement discretion to enforcement officers, do not regulate more noise than is necessary to serve the governmental interest, and such regulation is not preempted to exclusive enforcement jurisdiction by the state or federal government; and WHEREAS, Collier County's Noise Ordinance currently requires that all noise violations of this Ordinance must be enforced by use of testing equipment; and WHEREAS, this amending ordinance authorizes regulation of these two (2) special classes of noise without use of testing equipment because each such class of noise is basically and fundamentally incompatible with customary activities and invades rights of individuals of ordinary sensibilities at these especially noise sensitive sites; and WHEREAS, this ordinance provides that all noise, including these two (2) special classes of noise, must be tested by decibel level testing equipment provided the offending noise is a type commonly emitted from such type of lawful business, profession or occupation during its normal business hours; and WHEREAS, regulation of all of these off road noises is not preempted to exclusive enforcement by state or federal agencies; and WHEREAS, this Ordinance deletes references to ASA and ANSI Standards because such standards have not been used by staff and are not required. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: Section 54-82 in the Code of Laws and Ordinances of Collier County, Florida, is hereby amended to read as follows: Sec. 54-82. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: 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, being usually a composite of sound from many sources near and far. Amplified sound means use of a public address system, loudspeaker, amplifier or any other device which electronically augments the volume of sound. A-weighted level (dBA) means the sound pressure level in decibels as measured on a sound level meter using the A-weighted network. The level so read is designated dBA. . 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 for profit or for which admission is charged. Construction means any site preparation, assembly, erection, substantial repair, alteration, or 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, which remains essentially constant in level during the period of observation. County code enforcement department means the designated authority charged with administration of this article and enforcement in addition to enforcement by the county sheriff's office. Decibel (dB) means a unit for describing the amplitude of sound, equal to 20 times the logarithm to the base ten of the ratio of the pressure of the sound measured to the reference pressure, which is 20 micronewtons per square meter. Decibel measurements start from the common loaarithm (base 10) and measure the pressure. strenath and maanitude (loudness) of a sound ranaino from O. the threshold of audibility of the normal human ear. to above 120 dB. the threshold of ear pain. The hiaher the decibels. the louder the sound. Emergency means an occurrence or set of circumstances involving actual or imminent physical trauma or property damage, which demands immediate action. Emergency work means any work performed for the purpose of preventing or alleviating the physical trauma or property damage threatened or caused by an emergency. Hertz (Hz) is a measurement of the freauency of sound waves. Each hertz eauals one cycle per second. The hearina ranae of the normal human ear is between 20 Hz to 20.000 Hz (cycles per second). The hioher the number of hertz (freauency), the hioher 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. 2 Words Underlined are added; Words Strusk Tllrellgh are deleted. Industrial zone means an industrial zone is any geographic area designated for industrial or manufacturing activities by the zoning authority haYing jurisdiction over such area. Intermittent noise means a noise whose sound pressure level exceeds the ambient noise level at either regular or irregular intervals. Motor vehicle means any self-propelled vehicle not operated upon rails or auideway. but not includina any bicycle. motorized scooter, electric personal assistance mobility device. or moped. Many vehicles are not motor vehicles. Noise means any sound which annoys or disturbs humans or causes or tends to cause an adverse psychological effect on humans. Neise disturbanse means ono per-son or a !jrel,ll3 ef loud, harsh, nenharmeniel,ls sounds or '/ibrations that are unpleasant and irritatin!j to the ear whish is or may bo harmful or injurious te the health or wolfare ef a reasonaBle l3orEOn with normal sensiti'/itios or I,lAroasonably interferes '....ith tho onjoymont of lifo, prol3orty or ol,ltaoor rooreation. Noise level means the sound pressure level as measured in dBA unless otherwise specified. A measurement of noise must be at least five dB above the ambient noise level. Nonenclosed area means any area or structure that is not totally enclosed with a continuous roof, floor and walls constructed using rigid structural building 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 boundary of real property. In the case of multiple family structures, the property boundary for purposes of this article shall be the balcony, porch or interior of the complainant's unit. Pure tone means any sound which can be distinctly heard as a single pitch or a set of single pitches. For the purposes of measurement, a pure tone shall exist if the one-third octave band sound pressure level in the band with the tone exceeds arithmetic value of the sound pressure levels of the two contiguous one- third octave bands by five dB for center frequencies of 500 Hz and above and by eight dB for center frequencies between 160 and 400 Hz and by 15 dB for center frequencies less than or equal to 125 Hz. Real property line means an imaginary line along the ground surface, and its vertical plane extension, which separates the real property owned, rented or leased by one person from that owned, rented or leased by another person, excluding intrabuilding real property divisions. Residential zone means a residential zone is any geographic area designated for single or multifamily dwelling by the zoning authority having jurisdiction over such area. RMS sound pressure means the square root of the time averaged square of the sound pressure, denoted Prms. Road means the entire width between the boundarv 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 or private place over which the Sheriff's Office has traffic control iurisdiction under a Section 316.006(3)(b), Florida Statutes. traffic control aareement. Sheriff's office means the 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. Sound level meter means an instrument to measure the sound pressure level of relatively continuous and broadband noises. The sound leyel meter used to determine compliance with this article shall meet or exceed the requirements for type 2 sound level meter in accordance with ANSI standard S1.4. Sound pressure level means 20 times the logarithm to the base 10 of the ratio of the RMS sound pressure to the reference pressure of 20 micropascals (20 x 10- 6 N/m 2). The sound pressure level is denoted Lp or SPL and is expressed in decibels. Vehicle. which also includes all motor vehicles. means every device in. upon. or by which any individual or property is or may be transported or drawn upon a 3 Words Underlined are added; Words Strusk TRfflllgll are deleted. hiahwav (exceptina devices used exclusively upon stationary rails or tracks), includina automobile. commercial motor vehicle. truck. tandem trailer truck. trailer. semi-trailer. bus. motorcycle. tractor. farm labor vehicle. all-terrain vehicle. two-rider all-terrain vehicle. moped. maxi-cube vehicle. motorized scooter, motorized bike. or bicycle. etc.. whether movina or stationary. SECTION TWO: Subsection (b) in Section 54-85 in the Code of Laws and Ordinances of Collier County, Florida, is amended to read as follows: Sec. 54-85. Findings and purpose. (a) The board of county commissioners finds and determines that noise level emissions in excess of the requirements established in this article are potentially harmful and injurious to the public health, safety and welfare, and unreasonably interfere with the enjoyment of life and property in the county. (b) It is therefore the purpose of this article to eliminate, regulate or restrict sources and occurrences of amplified sound or noise at decibel levels or frequencies and intensities which are contrary to the public welfare, constitute a nuisance to the public at large and degrade the quality of life. It is detormines By tho l3eara that exsessivo noiso sroated by tho amplifisatien of sound emanating from nononslesod areas such as ohiskee hl,lts, somones l3erohes ami the like when looatea in oommomial or tourist I,lse eseupancies or zenes within 1,000 loet of a residential I,lse oooupansy or zono is Elisrl,lpti\<o to tho I,lse and onjoyment of such msiaential 13 reperty. It is declared that the provisions and prohibitions hereinafter contained and enacted are for the purpose of securing and promoting public health, comfort, convenience, safety and welfare, and the peace and quiet of the county and the inhabitants therein. SECTION THREE: Subsections (9) and (10) in Section 54-87 of the Code of Laws and Ordinances of Collier County, Florida, ("Exceptions" from application of this Article) is amended to read as follows: (9) Statutory Vehicle Related Noise Violations. Motor vehicle noise prohibited by Section 316.296. F.S.. (excessive or unusual noise from motor vehicle exhaust system), or by Section 316.294, F.S. (maximum motor vehicle decibel levels measured by testina eauipment). or any vehicle noise prohibited by any other Florida Statute. shall not be enforced by code enforcement officers. Those moter vehisles sontrellea By F.S. Sestion 316.293, as may Be amended, b(,Jt mot theso meter vehisles oxoml3tea from that oovora!je. (10) Meter 'lohisles dofinea in F.S. Seetion 316.293(1)(a) and (b). Noise that violates this Article emitted from a vehicle (includina motor vehicle) when on a road, or emitted from a noise producina device related to a vehicle when on a road. shall not be enforced by code enforcement officers. These violations when off road can be enforced by code enforcement officers or by the Sheriff's Office. includina without noise testina by applyina Section 54-93. narrowly construed. SECTION FOUR: Subsections (a)(5), (b)(1) and (b)(2) in Section 54-92 of the Code of Laws and Ordinances of Collier County, Florida, are amended as follows: 54-92. Maximum permissible sound levels. (a) Classification or use occupancy. For the purposes of defining "use occupancy" in the article, the following classifications shall apply. * * * (5) Nursing homes, hospitals, hospices. public or private schools including college or university, libraries in use. aAfl churche~ in use. and courts in session Y&eS shall be considered residential uses. * * * (b) Maximum permissible sound and vibration levels by zoning classification or use occupancy. 4 Words Underlined are added; Words Srnwk TIIFBligll are deleted. (1) No sound tested by eauipment shall violate any sound standard provision of this article unless the offending sound exceeds the then existing ambient sound level by at least five dBA for Table I, or five decibels unweighted for Table II, at the sound-affected site or unit. The board, by resolution(s), after pubic hearing thereon, may make, adopt, amend and repeal rules and administrative orders to implement, administer and enforce this article. 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 a sound level, after applicable character of sound adjustments, if any, which exceeds the limits set forth for the use occupancy category in Table 1 or Table II, for any minimum part of any measurement period, which measurement period shall not be less than 60 seconds. Sounds that are tested should be measured at or beyond the property boundary line of the site or unit from which the sound emanates at any sound-affected site(s) or unit(s) that the tester deems to be most appropriate, and which should usually be at a distance greater than 50 feet from the sound source unless there is valid reason for testing at a closer distance. "Real property line (or boundary)" means an imaginary line along the ground surface, and its vertical extension, which separates real property owned by one owner from real property owned by another owner, but does not include intra-building divisions. Test equipment shall be placed at a height at least three feet above the ground and at least four and one-half feet away from walls, barriers, obstructions and any other sound- reflecting surfaces that might destroy the validity of the test measurements. Wind barriers should be used when appropriate. If the investigation is based upon a complaint, the testing equipment should be located as close as possible to the sound-affected site or unit from which the complaint originated. All times are standard or daylight savings as applicable. The standard(s) to be applied shall be the standard(s) and/or table(s) that result in the lowest sound level(s) that violate this article. Equipment testing shall include octave band analysis. An "octave band" is a range of sound frequencies divided into nine octave bands to classify sounds according to pitch (frequency). If the measured difference between the applicable ambient sounds and the possiBly alleaed violating sound levels is five dBA or unweighted decibels, each lilossiBly alleaed violating sound level shall be reduced by two dBA or unweighted decibels. If the measured difference is six to eight dBA or unweighted decibels, the l3essiBly alleaed violating sound level readings shall be reduced by one dBA or unweighted decibel. If such measured difference is nine or more dBA or unweighted decibels. the possibly violating sound reading should not be adjusted based upon the difference. No person shall 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 performance of duties pursuant to this article. [TABLE I is omitted but is not affected by this Amending Ordinance] (2) Table II, below, applies to tested sound at sound-affected sites/units. The required five-decibel difference between the ambient sound level and the offending sound applies to every octave band. Table II applies to tested sounds emitted from any single residential, tourist residential, commercial, industrial, and/or manufacturing operation, activity, process, plant or facility, or any combination(s) thereof. Provided the offending Table I sound level for sounds that are tested exceeds the ambient sound level by at least five dBA, or exceeds by five decibels unweighted any of the maximum applicable sound level in any octave band in Table II, it is a violation of this article when any such sound is caused or suffered by any such non-exempt activity, facility, entity, plant, operation, or process. , by aplillyin!3 tho tollowin!3 stanElaras, as may bo al31il1isal3l0: I\NSI StanElards: S 1.1 1 991 (.^.SA 111) (Asoustisal torminology; Dofinitions ef toshnical torms not dofinoa horoin shall 130 eBtainoEl from tho thon current vorsion of tho ".morioan Standard .^,soustisal Torminology I3I,lBlishod by the .^.morisan National Standaras Institl,lto, Ino. iA S 1 1 or its thon current SUOCOSSfH in funstion); S 1.1 1 983 (AS.^. H) (Sl3oGifisations ter sel,lnEl 10'/01 motors); ",~ISI S 1.1/\ 1 98a (",monElmonts to S 1.1 1 983); /\~JSI S 1.6 1 981 (1990) (".S:' a3) (Stanaard I3reforrea froE\l,lonoios, froquoney levols and band numBors ter aeeustiGal moasl,lromonts); MISI S 1.11 1 986 (R1993) (AS/I. 6a) Spooifisations for ootave band and frastional ootavo Band analog and E1i!jital filtors); S 1.121967, (R1986) (Sposifisations for lal3eratory standard 5 Words Underlined are added; Words Slrue!( Tllrsllgll are deleted. microphones); :\~JSI S 1.1 a 1971 (R1986) (Measuremont of sal,lna I3ressl,lro lo'.'ols); ANSI S 12.4 1986 (R199a) V'S/'. 6aO) (Assessmont of high oRergy impulse sOl,lnas with rospect to rosiaantial semml,lnities); ANSI S 12.719813 (R199a) (1\SI'. 62) (Maasl,lrin!j impulse noise); I'.NSI S 12.9 1988/Part 1, (R199a) (ASA 76) (Environmontal sounds, Part 1); ANSI S 12.9 19921Parl 2 (I'.SI'. 105) En'iironmontal sal,lnas Part 2, ana measl,lrement of len!j term, '.vido aroa sel,lna); /\NSI S 12.9 1 992/Part a V'S/'. 1 (9) (Environmonlal sal,lnd, Part a, shert term measl,lrament with an al3server present); /'NSI S 12.181994 (ASA 110) (Outdoor measuromont ef sound prosslolro levols); I',NSI S 12.40 1990 V\S/'. 88) (Desoriptors for aetormination et oompatibility laRa I,lse revision at ANSI Sa.a2 1980). Beoal,lse thoe;o slandaras (and/or tho vibratien standards) '.viII be up dalod from time to time, sl,loh standards may bo up datea BY resolutions of tho board of county oommissionore aftor I3l,lbliG hoaring therean, inoll,lain!j tho summary agonda I3resoss. Applying Table II, the nighttime hours are each day from 10:00 p.m. until 7:00 a.m. the following morning except as otherwise expressly specified in this article. Unless provided otherwise, includina section 54-93, each such tested sound that tests in excess of any such sound-affected site-specific applicable resultant value, after applying all applicable site-specific impulse sound and/or pure tone (character of sound) adjustments, shall be a violation of this article. [Table II is omitted but is not affected by this Amending Ordinance] SECTION FIVE: A new Section 54-93 of the Code of Laws and Ordinances of Collier County, Florida, is added into this Article as follows: Sec. 54-93. Noise violations that do not reauire use of testina eauipment. (1) This section, which shall be narrowly construed, applies notwithstandina other provisions in this Article relatina to sound/noise measurina (decibel testina) eauipment. (2) This section applies only to the followina noise affected sites: a. Residential dwellina or unit: These include sinale-family residence, duplex, etc.. apartment, dwellina condominium unit. mobile home, house trailer. house boat or transient dwellina unit includina hotel. motel. inn or similar residential use establishment that is not exempted from this Article by Subsection 54-92(d) (multifamily dwellinas under the same manaaement): b. Hospital; c. Nursina home; d. Library in use: e. Public or private school. includina colleae and university, f. Court in session: a. Hospice; or h. Church in use. (3) Takina into account the time of day. day of the week, and the unmeasured ambient noise at any above-listed noise affected site, the followina noises are a violation of this Article without use of testina eauipment provided such noise. based upon hearina by an enforcement officer and a complainant at the noise affected site. is clearly: a. Unreasonablv loud, raucous or iarrina (is clearly annoyina or clearly disturbina to any individual of normal sensibilities at such site); or b. A nuisance: (without reasonable iustification is unreasonably interferina with the peace and auiet of any individual of normal sensibilities at such site). (4) This Section applies when either (or both) above-listed noise is emitted from a: a. Domesticated animal. includina doa, bird or fowl. which violations pursuant to this Section shall be enforced only by Domestic Animal Services or by the Sheriff's Office when testina eauipment is not used. These noises can be enforced by code enforcement officers when noise testina eauipment is used. b. Vehicle (includina motor vehicle) noise applied to the total volume of noise from the vehicle or from any part thereof includina motor/enaine, if any, 6 Words Underlined are added; Words Strllsk Tllr811g11 are deleted. and considerina whether any part of the vehicle's exhaust system, if any. is modified or removed, or because the vehicle or any vehicle related sound producina device is out of repair. These noises shall not be enforced by code enforcement officers except when the location of the source of such noise is off road c. Sound Producina Device. These devices include every device desianed to produce, reproduce or amplify sound, whether or not related to a vehicle. such as horn, siren, whistle. bell, musical instrument, radio, TV, phonoaraph. speaker. loudspeaker, microphone, or other substantially similar device, includina when a horn, siren. whistle, bell or similar device is sounded lonaer than necessary. These noises shall not be enforced by code enforcement officers except when the sound producina device is off road. d. Exceptions: Lawful Business. Profession or Occupation. This section does not apply to any lawful business. profession, or occupation provided any such above-listed class of noise is typically emitted from that type of business, profession or occupation, and at that hour of the day and day of the week. This section applies if such noise 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 SIX: Conflict and Severability. If any section, phrase, sentence or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed separate, distinct, and an independent provision, and such holding shall not affect the validity of the remaining portions thereof. SECTION SEVEN: Inclusion in the 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 relettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. SECTION EIGHT: Effective Date. This Ordinance shall become effectiye upon being filed with the Department of State. PASSED AND DULY adopted by the Board of County Commissioners of Collier County, Florida, this II day of Se pfe""ber ,2007. ATTEST:.":' '. ..~ DWIGHT E. BRQCK,cClerk " '-' "-.. . - BOARD OF COUNTY COMMISSIONERS ::co:p~ By: - . "Peputy CI~f Atta,~t: .~ Ie ~ I' . 'i\lil4~ go ~ Approved as to form and legal sufficiency: By: IDW\ PJIMY ~as C. Palmer, Assistant County Attorney This ordinonce filed with the Secretory of State's Office th,. ~doy of S4~. n, _1!c I. ond ocknowledgement of th,.,' filin rae ived this '2,'~ day 7 of '2.PD7 Words Underlined are added; Words Strlolek TRF8l1gl1 are deleted. By o.pu", c,,,. STATE OF FLORIDA} COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2007-61 Which was adopted by the Board of County Commissioners on the 11th day of September, 2007, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 13th day of September, 2007. DWIGHT E. BROCK Clerk of Courts and Clerk Ex-officio to Bo~rdlPZ County Commissj"oners .', ~..."",,''i7': ,....... . \, -,., .&- .-'" By: Martha Ve-ugara, , Deputy Clerk':' J .,\.,\ .