Ordinance 2008-68
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ORDINANCE NO. 2008 - ~ c:. J/W z.,c't J
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AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS 0 ~ ~t:r
COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 90-17, f?l:.~8'utgl,~
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 SECTION 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;
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
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 Sh~ffs
Office.
Page 1 of36
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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 to
local govermnental units the responsibility to adopt regulations designed to promote the public
health, safety, and general welfare of its citizenry.
SECTION TWO: FINDINGS OF FACT.
The Board of County 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.
Section Four of Ordinance No. 90-17, as amended, entitled "Prohibitions" is hereby
amended to read as follows:
SECTION FOUR. Prohibitions.
It shall be unlawful, except as expressly permitted herein, to make, cause, or allow the
making of any noise or sound which exceeds the Sound Level limits set forth in this Ordinance.
SECTION FOUR: AMENDMENT TO SECTION FIVE OF ORDINANCE NO. 90-17,
AS AMENDED.
Section Five of Ordinance No. 90-17, as amended, entitled "Definitions" IS hereby
amended to read as follows:
SECTION FIVE. Definitions.
The following words, terms and phrases, when used in this Ordinance, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a different
meanmg:
Page 2 of36
Words underlined are added; W ords sfrHel~ thnmgh are deleted.
Agricultural Zoue 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 enviromnent,
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
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 purposes of
this Ordinance. Amplified Sound does not include Background Music.
ANSI means the American National Standards Institute.
A-Weighted Sound Level dBfA} means the sound pressure level in decibels as measured on
a sSound ll,evel mMeter using the A-weightetling network. The level so read is designated
dBfA}.
Background Music means any music or other Sound played 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 any location on the property where it is being 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
for profit or for which admission is charged.
Page 3 0[36
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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 wIHeh 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
Sheriff's Office.
C-weil!hted Sound Level. dBCC) 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 dBCC).
Decihel (dB) means a logarithmic unit of measurement that expresses the magnitude of a
physical Quantity relative to a specified 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 describing the amplitude of sound, equal to
20 times the base ten logarithm to the base ten of the ratio of the measured sound pressure
the sOWld me.asured to the reference pressure, which is 20 micronowtons !ler sqaare meter.
Deeibel measurements start fr-em the common logarithm (base 10) and measlH"e the !lresslH"e
strength and magnitade (loadlless) ef a seand ranging from 0, the threshold of aadibility of
the normal human ear, to aBoat 120 dB, the threshold of ell> !lain. The higher the decibels,
the louder the soand.microPascals. Generally. higher decibel levels represent louder sounds.
Emergency means an occurrence or set of circumstances involving actual or imminent
physical trauma or property damage or loss, 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 e.!:i.mergency.
Page 4 of36
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Equipment includes, but is not limited to. air conditioning unit. heating unit. pumP. fan.
generator. utility facility. and any other substantially similar item. operating in accordance
with its manufacturer's specifications, large or small, commercial or non-commercial.
whether or not a fixture.
Equivalent A-weil!hted or C-weil!hted Sound Level. Leq,A or Leq,C means the constant
Sound Level that in a given situation and time period. conveys the same sound energy as the
actual time-varying A-weighted or C-weighted sound. For the purposes of this Ordinance. a
minimum measurement time period of one minute shall be used. unless otherwise specified.
Hertz (Hz) is a meaGaremellt ef the freqHelley of seand waves. Bach hertz eqaals one cycle
!ler secene. The hearillg range of the lIermal haman ell> is botween 20 Hz llIIe 20,000 Hz
(cycles !ler seeoml). The higher the Humber of hertz (freqHency), the higher the !liteh of
SOWle. is the unit of measure of the frequency of sound. One Hertz equals one cycle per
second. The audible frequency range for normal human hearing is between 20 Hertz and
20.000 Hertz. The higher the frequency (measured in Hertz). the higher 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.
Industrial Zone means an ifleastflal zOlle is any geographic area designated for industrial or
manufacturing activities by the zoning authority having jurisdiction over such area.
Intermittent Noise means a noise whose sound pressure level exceeds the aAmbient neise
8el!fld ll,evel at either regular or irregular intervals.
Mixed-Use Project means a development or structure characterized by the use or occupancy
of any geographic area. determined by reference to tract boundary. designated for both
residential and non-residential purposes by the zoning authority having iurisdiction over such
area.
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Motor Vehicle means any self-propelled vehicle not operated upon rails or guideway, but
not including any bicycle, motorized scooter, electric personal assistance mobility device, or
moped. Many vehicles are not motor vehicles.
Multifamily Dwellinl! means any building or structure containing two or more residences.
each occupied in whole or in part as the temporary or permanent residence of one or more
natural persons.
Noise means any sound which annoys or disturbs, Immans or which causes or tends to cause
an adverse psychological or physiological effect on humans.
Noise Level means the sound pressure level as measured in dBfA} unless otherwise
specified. .\ measHFemellt of noise mast se at least five dB above the amsiellt lIoise level.
Nooeoelosed area means any area or s!rllellffe t-hat is not totally enelssed with a eolltinaslls
reof, f10Sf ailS ',valls eOllstructes asing rigis s!rlletllral bHildillg 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 bOllHdary Real Property Line of any real property. ffi
the ease of malti!lle family s!rlletures, the !lro!lerty boundary for !larposeG of this Onlillanee
shall be the saleony, !lSfeh Sf interior of the eom!llainant's unit.
Pure Tone means any Sound which ean se distinctly heard as a single !litch or a set of sillgle
!litcheG consisting of a single frequency. For the purposes of measurement, a prure tIone
shall exist if the one-third octave band sound pressure level in the band with the tone exceeds
the arithmetic average \'llffie of the sound pressure levels of the two contiguous one-third
octave bands by five dB for center frequencies of 500 Hz and above~ fIffil by eight dB for
Page 6 of 36
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center frequencies between 160 and 400 Hz~ and by fifteen H 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 rosisential zone is any geographic area designated for single or
Multifamily Dwelling by the zoning authority having jurisdiction over such area.
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
or private place over which the Sheriffs 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 Prms.
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 intemal forces. The description of sound may
include any characteristic of such sound including duration, intensity and frequency.
Sound Level means the weighted sound pressure level obtained by the use of a Sound Level
Meter and frequency-weighting network. such as A or C. as specified in the latest revision of
the ANSI Standard S 1.4. "Specification for Sound Level Meters". If the frequency weighting
employed is not indicated. the A-weighting shall apply.
Sound Level Meter means an instrument used for the to measurement of sound pressure
leveL A-weighted Sound LeveL or C-weighted Sound Level of relatively oonliRHoaG and
smadband lIoisos. +he Any Sound Level Meter used to determine compliance with this
Ordinance shall meet or exceed the requirements for Type 2 sSound ll,evel mMeter III
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accordance with the latest revision of ANSI sStandard S1.4. "Specification for Sound Level
Meters." To be valid. readings from a Sound Level Meter shall be properly calibrated prior
to each set of readings per the manufacturer's specifications.
Sound Pressure means the instantaneous difference between the actual pressure and the
average or barometric pressure of a given point in space. as produced by sound energy.
Sound Pressure Level means 20 times the base 10 logarithm to the saGe 10 of the ratio of
the RMS sound pressure to the reference pressure of 20 micro~Eascals (20 v 10 ('j 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 1Hghr0adway (excepting
devices used exclusively upon stationary rails or tracks), including but not limited to
automobile1i, commercial motor vehicle1i, truck1i, tandem trailer lruck1i, trailer1i, semi-trailer1i,
buses, motorcycle1i, tractor1i, farm labor vehicle1i, all-terrain vehicle1i, two-rider all-terrain
vehicle1i, moped1i, go-carts, maxi-cube vehicle1i, motorized scooter1i, motorized bike1i, and Elf
bicycle1i, 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 PERMISSIBLE SOUND LEVELS.
A. Classification or use occupancy. For the purposes of defining "use occupancy" in the
Ordinance, the following classifications shall apply.
(I) All premises containing habitually occupied sleeping quarters shall be considered
residential use.
(2) Premises containing transient commercial sleeping quarters shall be considered
tourist use.
Page 8 of3 6
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(3) All premises containing businesses where sales, professional, or other commercial use
is legally permitted shall be considered commercial use.
(4) All premises where manufacturing is legally permitted shall be considered
manufacturing use.
(5) Nursing homes, hospitals, hospices, public or private schools including colleges and
Of universitYies, libraries in use, churches in use, and courts in session shall be
considered residential uses.
(6) Legally permitted use(s) of the site or unit shall supersede the zoning classification of
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
site or unit.
(7) Each site or unit not otherwise classified as to zomng shall conform to the
commercial sound-level standards limits.
B. Maximum Permissible Sound aBlI VibratioB Levels by Zoning Classification or Use
Occupancy.
(1) No SOllHS testes by eqai!lment shall violate any somd StllflearS !lrovision of this
Oreinanee lIHless the eff-ensing SOlillS eJ(eeees the then existing ambient SOllHS level
by at leaGt five (5) sB:'. for Table I, or five (5) deeibels llffi'/eighted fer Table II, at the
sOllnd affected site or anit. The Board, ey resolHlion(s), after !llleie hearing thereon,
may mal(e. ado!lt, amend and r6jleal rules ans administrati':e orders to implement,
admillister ans enfurce 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 a
sSound ll,evel, after applicable character of sound adjustments, if any, which exceeds
the limits set forth for the use occupancy category in Table -1-1. No Sound tested by a
Sound Level Meter shall be deemed to be in violation of this Ordinance unless the
offending Sound exceeds the Sound Level limits in Table 1. and also exceeds the then
existing Ambient Sound Level by at least five (5) dB(A) or five (5) dB(C). at the
sound-affected site or unit or Table II, fur any minimHm !lart of an)" meaGurement
penos, which meaGlIfement !leried shall not ee lesG than Sil(ty (60) seeonds. Sounds
that are tested should shall be measured at or within the pro!lerty eOHlldary line of the
site or anit from which the sOHnd emanates at any SOllns affected site(s) or llnit(s) that
Page 9 of36
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the tester deems to be most H!l!lroflriate, and '1/hieH sHoald asaally be at a sistance
greater than fifty (50) feet from the SOHnS soaree anleGs there is '/alis reason for
testillg at a eloser aistanee. "Real !lre!lerty lille (or bOHndary)" mealls an imagillary
lille along tHe grollna surfaee, ana its yertical extension, which s6jlarates real !lro!lerty
oWlled by one owner from roal !lre!lerty o'NRea by llIIother o'.yner, bHt does 1I0t
illclaae illka bHilaing aiviGionG the property boundary of the sound-affected site or
unit from which the complaint originated. In order to file a complaint, the
complainant must provide his/her name. address and phone number. The test
equipment 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 adversely affect the accuracy of sound measurements. Measurements
shall be made in accordance with the latest revision of ANSI Standard S1.13.
"Measurement of Sound 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 sestrey the validity of the test meaSHrements affect the measured Sound
Level(s). Microphone Wwind barriers screens shoals shall be used when appropriate.
If the iW/eGtigation is based a!lon a cOlHfllaint, the testing e'lai!lmellt shoula be
loeates as elose as !lossible to the SOIlllS affeeted site or amt from 'llhieh tile
eOlHfllaint originated. !.ll times are standard or daylight sa'/ings as llflfllicable. The
standar-d(G) to be llfl!llies shall be the stansara(s) an8lor taBle(s) that resalt in the
l8'.vest soand level(s) that violate this Orsinance. BqHi!lmellt testing shall inc1Hae
oetave band analysis. .\n "octa'/e band" is a range of SOHlld rrellaelleies sivides into
nine (9) octave bands to classify SOHllds aecording te !litch (fre'laeney). If the
measHred aifference bot-seen the a!l!llieaBle lH"Hbiellt SOIHlSS and the alleges violatillg
soalld le'/elG is fiye (5) dB!. or allweightes seeibels, eash alleged violating S81ffiS
level shall be reallced by two (2) dR\ or anweightea aeeibels. If the measared
sifferellce is Sill (€i) te eight (&) aR\ or uH\veighted secibels, the alleged violating
soand level reaaings shall be redaced by one (I) aRA. or an'.veightes deeibel. If SHCR
meaGHred aiffcrence is nine (9) or more sR\ or an'1/eightea aeeibels, the !loSGibly
Page 10 of36
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'iiolating sOllnd reading should not be asjllsted based Ilflon the sifferellee. The
measured Sound Levels used for comparison with the Table I Sound Level limits
shall be the equivalent A-weighted Sound Level and equivalent C-weighted Sound
Level measured over a minimum duration of sixty (60) seconds. after correction for
the applicable A-weighted or C-weighted Ambient Sound Level. 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 Ordinance. The Board. by resolution(s). after public hearing thereon.
may make. adopt. amend and repeal rules and administrative orders to implement.
administer and enforce this Ordinance.
TABLE I
ZoninglUse at the location of Time of Day or Night: Sound Level Limit!
the Sound-affected Site or Unit (dBA)
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
* All times are the current local standard or daylight savings time in effect during the test. as
applicable.
(2) Table II, belew, llfl!llieG to tested sOHHd at sOHnd affectes sites/llHits. The reEJllired
five decibel difference between the ambient sOHHd level and the effcnsing sOllns
llfl!llies to every oeta'ie bans. Table II a!l!llies to sellllds emittes from any single
residential, teurist residential. commercial, illdustrial, and/or manufactllring
o!leration. activity, !lrecess. plant or facility, or any eomlJination(s) thereof. Provides
the offonding Table I sound level for sOHnds that Il>e tested exeeedG the ambiellt
seHHd level by at least five dR^., or mweeds by five decibels Ilffiveighted any of the
Page 11 of36
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maximum llfl!llieable SOHIIS level in allY oetave bans in Table II, it is a violation of
this Ordillaflee v,hen any such SOIlRS is caaGes or suffered by any sHeh non ej[em!lt
activity, facility, entity, !llallt, ojleration, or !lroeess. i\p!llyillg Table II, the nighttime
hOHFs are eaoh day fr-em 10:00 !l.m. lIHtil 7:00 a.m. the following momiag except as
otherwise expressly s!leeified in this Or.ainance. Unless !lrovided etherwise, inellldillg
Section 54 93, each slIeh testes SOHFld that testG in excess of any sHell SOHlld affoctes
site s!lecifie llfl!llieaBle resultallt value. after llfl!llying all a!l!llieaBle site s!leeifie
imj'llllse seHlld and/or !lure tone (eharaeter of sOIotnd) adjustmellts, shall be a violatioH
of this Ordinanee. 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 alleged violating Sound Level is five (5) dB(A) or five (5) dB(C). each
alleged violating sound level shall be reduced by two (2) dB(A) or two (2) dB(C). If
the measured difference is six (6) to eight (8) dB(A) or dB(C), the alleged violating
Sound Level readings shall be reduced by 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 adiusted based upon the difference. Fractional decibels shall be
rounded to the nearest whole decibel.
TARLE II
MaximHm Ullweightes SOHIIS Pressure Leye1s (in unweighted) decibels Day and Night Steady
8etmd
Octa>,.e Band Resiselltial Site er Toarist or ManHfaeturing, IlIdllGtrial, or
Cellter Frel:J. (in Commercial Site or
tfflit i\grieultHFal Site er Unit
Hertz.) tfflit
~ Day 69 Night 64 Day 74 Night 69 &4-
@ Day 69 Night 64 Day 74 Night 69 &4-
~ Day 66 Night 61 Day:1 Night 66 &+
~ Day 62 Night 57 Day 67 Night 62 ++
~ Day 58 Night 53 Day 63 Night 58 +J
+GOO Day 53 Night 18 Day 58 Night 53 e&
;WOO Day 49 Night H Day 54 Night 49 94
4QOO Day 46 NightH Day5l Night 46 e+
Page 12 of 36
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&OOQ
OOA
I Day 4~ght 371 Day 4~gflt 42
The DR}. Fe'.'" is for eemparison !lHrposes ollly.
Refer to "Correction for Character of SOIlRS" in soosection (3)(C), belo\y.
~
~
TABLE II
Difference between allel!ed violatinl! Correction (to be subtracted from
Sound Level* and Ambient Sound the measured allel!ed violatinl!
Level* Sound Level*\
9 and higher 0
6-8 I
5 2
*Sound Levels in dB(A) or dB(C)
(3) Vibrations emanatiftg from commer-eial, irulllstrial, or manllfaeturing facility. These
are not sOWla limitG. These standlH"as ap!lly thrOHgflOHt IlnincorpoFates Collier
CeWlt)'. f. vibFatien IS an oscillatory motion of selia bodies sescribes by
diS)llacement, 'lelocity or aceeleration with referellee te a gi'len referenee !leillt. It is
a ...iolation of this Orsinanee to operate, !leffilit, or sllff-er e!lemtion er Ilse of any
indllstrial, manHfactHring ans/or commereial device, faeility, operatien, or !lf8eesG
that eaases any ...ibratienG which 6Jweed the applicable displacement(s) in ineheG
specified ift Table III, below, at the !lm!lerty botlllsary of, or .....ithin, allY 'libFatien
affected site or Wlit in reGidential or toarist Fesidelltial Ilse er ZOllllg lIIl)"llhere in
Ilnineorporates Collier CSHllt)'. Steady state vibrations are continHoHs or oeellr in
aiserele !lHlses more freqllently than ene hlln8red (100) iffij3lllses !ler millHte.
Diserete !lIlIGes that do not exceed one hllllsred (100) im!llllses !ler millHte mHst not
eaase displaeemellt in eJleeGS of twice the ap!llicable value(n) in Table III, below.
Impaot 'librations OCOHr in diGeFete !llllses whieh are separated by a time interval of at
least olle (!) minllte and which oeeHr no more than eight (&) timeG in any t',vellty wHr
(24) hour period. These vibration regHlatiofts ao Hot apply to aotivities eonsllotea
!lmsHaIIt to, and to the extent aatherizea by, blasting !leffilit(s) issHea by Collier
COImty or by any other go'"ernmental agenoy that then flas sll!lerseding aathority te
iSGHe the res!leeti...e blanting perrnit(s)
TABLE III
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FreqHency of Steady State Vibration Freqlloncy of Im!laet Vibration
Dis!llaeoment Cyeles Per Secona, Dis!llaeemellt Cycles Per Secolld, Inehes
lnehes
LesG than 0.0004 LesG than 10 0.0006
10 thrOllgh 19 0.0002 10 throllgh 19 0.0003
20 thf8llgh 29 0.0001 20 throllgh 29 0.0002
30 throllgh 39 0.0001 30 thrOllgfl 39 0.0001
40 throllgh 49 0.0001 40 thrOllgh 49 0.0001
50 ana over 0.0001 50 and over 0.0001
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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 sSound, including from
e.!:i.quipment, live performance music, or aAmplified sSound, that, when measured inside of the a
HI Multifamily dDwelling unit in residential or tourist residential use or zoning, completely
enclosed by 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. "Management" iHellldes lando',vner, lanslord,
reGident manager, condominillm association, or any other sHbstanlially similar iHdividaal, groHll
or entity that has aathority to colltral the res!leetive sOllHd(s). "BllHi!lmellt" inellldes, bat is not
limites to, air eOllditioning emit, heatillg Ilnit, !lHIIIi3, fan, atility faeility, and any other
sHbstalltially similar item, large 8r small, commercial or non commercial, whether or not a
fi)(ture, within, asjaeellt to, or assoeiates with the mllltifamily baihiillg com!lrised ef l'>vo or more
reGisence Gwellillg llHitG.
E. Mixed-Use Proiects. This subsection shall only apply ifboth the sound-affected
site/unit and the source of the sound are located within the same Mixed-Use Project. In the case
of a Mixed-Use Project, and notwithstanding anything to the contrarv as may be contained in this
Ordinance, it shall only be a violation of this Ordinance to emanate any Sound (including from
Equipment. live performance music, or Amplified Sound) that, when measured from inside of
the sound-affected residential dwelling unit, completely enclosed by walls and a roof with all
doors and windows closed. exceeds the limits set forth in Table III below. No Sound tested by a
Sound Level Meter shall be deemed to be in violation of this subsection or this Ordinance unless
the offending Sound exceeds the Sound Level limits in Table III and also exceeds the then
existing Ambient Sound Level by at least five (5) dB(A) or five (5) dB(C), as applicable to the
respective A or C frequency-weighting network. when measured from inside of the enclosed
sound-affected residential dwelling unit, completely enclosed by walls and a roof with all doors
and windows closed. The measured Sound Levels used for comparison with the Table III Sound
Level limits shall be the equivalent A-weighted Sound Level and equivalent C-weighted Sound
Level measured over a minimum duration of sixty (60) seconds, after correction for the
applicable A-weighted or C-weighted Ambient Sound Level. For Mixed-Use Projects, Table I
Sound Level limits shall only apply to sound-affected residential land uses or zoning located
Page is of36
Words underlined are added; Words struelc through are deleted.
outside of the Mixed-Use Proiect. and shall not apply to residential uses or zoning within the
Mixed-Use Proiect.
TABLE III
Zoninl!/Use at the location of Time of Dav or Nil!ht* Sound Level Limits
Sound Affected Site or Unit
dB(A) dB(C)
Residential Dwelling Unit 7 a.m. to 12 p.m. 53 68
After 12 p.m. to 7 a.m. 45 62
* All times are the current local standard or daylight savings times in effect during the test, as
applicable.
KF. Construction Sounds.
(I) 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 least as effective as that recommended by the
manufacturer or provided as original equipment. Construction equipment that must
be operated within 2,500 feet of IIellf a residentially zoned area a on a 24-hour per day
basis (including but not limited to h&., pumps, well tips, and generators~"et&.) shall be
shielded by a barrier to reduce the sSound Level during the hours of 6:00 p.m. to 7:00
a.m. unless the unshielded sSound ll,evel is less than 55 dB.\ meaGHfed at er inGide of
the elesest aeeeGsible for testillg selina affcctes resiselltially zenes or Ilses !lreperty
the Sound Level limits stated in Table 1.
(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 otruelc through are deleted.
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 EmergencY,llrgent necessity or
lIj3sn the illtereGts of !lHblic Realili, safoty, and welfare may apply in writing to
the County Manager or his designee for an e.!:i.mergency e!:;onstruction
r.!'.ermit. Such application shall state all facts and circumstances
demonstrating the existence of an Emergency 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
permits previously issued pursuant to this section. In the issuance of such
permits, the County Manager or his designee shall weigh all facts and
circumstances presented and shall determine whether the reasons given for the
Emergency urgent flecessity 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
and amount of loss or inconvenience to the applicant presented by the
Emergency imposes a significant hardship. Upon an affirmative finding of the
foregoing considerations, the County Manager or his designee is authorized to
issue the e.!:i.mergency eConstruction r.!'.ermit. Notice of said permit
application shall be given to all property owners adjacent to the subject site.
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 lIoise levels generated by construction or site preparation activities
shall not exceed those permitted under CR. 54, f.rt. IV this Ordinance.
(3) Exceptions. Construction activities or site preparation activities performed by the
County, state or federal govermnents are exempt from the Emergency Construction
Permit requirement. this !lf8vision provided that Cose Ch. 54, f.rt. IV such activities
are conducted III compliance with applicable law. including this Ordinance is
eem!llied with.
Page 17 of36
Words underlined are added; Wards struek through are deleted.
G. Permittinl! for Amplified Sound providinl! outdoor entertainment,
(1) Purpose and applicability. In order to aid in monitoring and control of
Amplified Sound providing outdoor entertaimnent for certain public and/or private events, and
provide for enforcement action to address violations of this Ordinance resulting from outdoor
entertaimnent activities generating such Amplified Sound. a one-time, site-specific Amplified
Sound Permit will be required for any commercial business or nonresidential land use (such as.
but not limited to, public park. amphitheater, fraternal organization, or church) which conducts
such outdoor entertaimnent activities within 2.500 feet of any property containing a residential
use or of any residential zoning district. That distance must be measured from the location of the
actual sound source within the sound-producing property to the Real Property Line of the sound-
affected residentially zoned or used property. For purposes of this subsection. no Amplified
Sound Permit is required where the Sound source(s) and the Sound-affected residential use or
zoning are located within the same Mixed-Use Proiect.
(2) Residential amenities. For the purposes of this Section. any residential amenity
(including. but not limited to. clubhouses, recreation centers. swimming pools, and pavilions)
will be considered a residential use and Amplified Sound from outdoor entertaimnent emanating
from these locations will not be subiect to a requirement for an Amplified Sound Permit.
(3) Commercial establishments. In the event that any commercial establishment
utilizing Amplified Sound to provide indoor (that is, occupiable space within the building walls)
entertaimnent for public and/or private events is adiudicated by the Code Enforcement Board.
Special Magistrate. 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 expanded 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 govemed by the Amplified
Sound Permit requirements must be conducted in accordance with the provisions of Section 6.B
(Maximum Permissible Sound Levels by Zoning Classification or Use Occupancy).
Page 18 of36
Words underlined are added; Words struek t:hrsl:lgh are deleted.
(5) Application for Amplified Sound Permit. Prior to issuance of the permit. an
application must be completed which includes the following information:
a. The name. address and telephone number of the applicant;
b. The name. address and telephone number of the business or location at which
the event will occur;
c. Identification of the type of business or other nomesidential land use (e.g.
restaurant, night club, public park. church);
d. A sketch and description of the area in which the event will occur on the
property (e.g.. patio, outdoor dining area, poolside );
e. A narrative description of any factors which might mitigate the impact of
close proximity of the activity to adiacent residential use or zoning;
f. A description of the proposed entertaimnent (e.g.. live band, recorded music,
disc iockey. theater performance);
g. Frequency of occurrence (monthly, weekly, daily) or estimated number of
events per calendar year with dates to be determined;
h. Proposed hours of activity.
(6) Issuance or denial.
a. Issuance. Upon receipt of an Amplified Sound permit application, the County
Manager or designee will verify that the physical location of the proposed
Amplified Sound source(s) is within 2,500 feet of any residential zoning
district or land use (as opposed to the Real Property Line of the property on
which the Sound-producing event will occur). This distance will be measured
according to a survey. if provided by the applicant, or by the Official Zoning
Map. aerial photography, or other reliable and accurate means. Upon
completion of such verification. the County Manager or designee shall issue
an Amplified Sound Permit.
b. Denial. The only basis for denial of an Amplified Sound Permit application
shall be prior adiudication for violation of this Ordinance relating to the same
Amplified Sound activity.
(7) Terms of approval, Once granted, the permit will remain valid. so long as there
IS no change in use on the subiect property and no substantive change to the information
Page 19 of36
Words underlined are added; Words olfuek through are deleted.
provided on the application. Change of ownership or change of business will not invalidate the
permit so long as the use remains the same; however, the permit may be revoked in accordance
with the provisions of subsection G.l O. The permit and related Sound-producing activity may be
reviewed periodically to ensure compliance with this Ordinance.
(8) Fee for permit. A nonrefundable fee for the permit covering costs associated
with administration and processing will be assessed in accordance with the Fee Schedule
approved by the Board of County Commissioners and in effect at the time of application, and
will be payable at time of application.
(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 by Zoning Classification or Use Occupancy).
(] 0) Violations, Any violations of the provisions of the permit shall be enforced in
accordance with the provisions of Section Ten of this Ordinance. In the eyent of two (2)
adiudications of violation of this Section within any 12-month period by the Code Enforcement
Board. Special Magistrate, or court of competent iurisdiction, the Amplified Sound Permit shall
be revoked by the County Manager or designee for one year from the date of the second
adiudication, and the permitted activity must cease immediately, unless otherwise ordered.
During said period ofrevocation, the person having held the revoked permit shall be ineligible to
apply for an annual permit issued pursuant to Section Six. Appeal of the revocation of the permit
must be taken in accordance with Section Nine of this Ordinance.
P. Annual permit for live perfermanee musie and/or amplifies sound at commercial or
tourist eommercial ~ sites. Sounds to attraet attention te a performance, show, sale or
display,
(l) BKcopt as otherwise eKem!lted by this Ordillance, no !lemon shall caHse, allow or
suffor live !lerformance mHsic or llrnfllifies sooods to emallate from or thrOHgfl a
nOllenclosed !!ID: area of any bllGiness establishment O1'len fur entertainment 1'lHF1'lOSeS
within a commercial or tOHriSt Hse OCCH!lancy or zone before obtaining from tho
COllflty an anHHal permit in aecofElance with sHbsection (3), selow. No ar.ooal !lermit
shall be is SHes for li'/e !lerformanee mHsic or amplified sOHud(s) to emanate from llII)'
site or HHit then in residential llse or zoning, althoHgfl s!lecial oyellts at residential
Page 20 of 36
Words underlined are added; Words <!ruele throllgh are deleted.
sites may be eligible fer comrnllllity e'/ellt !lefffiits aathorizes iH this Ordillanee !bQ
Lans Develellmellt Colle.
(2) Liye !lerf-ermanee mllsie or lllHfllifies seHlld emanating from or thrOHgh a
nOllencloses !illY area shall not eJeeees the lIfljllicaBle da)time levels between the
hours of 9:00 a.m. ans 10:00 !l.m., and shall not excees the lIfl!llieaBle nighttime noise
le'/eIG between the hellrs of 10:01 !l.m. and &:59 a.m. ':/hen meaGHfed out of doors at
or illside the !lF8!lerty bOHlIsary of other sites or ullits in residential Ilse er zonillg.
These !lro'/isiolls lH"e subject to the exeffijltion in sHBseetioH D, above (mllltifamily
dwellillg unitG IInder effeeti'/e control of management).
(3) Prior to llIIffiIal !lermit issHance, an lIfl!llication shall be files colltaining all of the
following information:
a. Name and mailing a(Mress of lIfljllieallt;
b. Name, ans asdreGs, ans Ilhone IIHmBem of the bllsiness er establishment from
~ where liye !lerformanee mH[lie an8!or lllHflliHes souns will emanate
from sHch lIoflellelosed area;
c. DeGeri!ltion oftBe lIfljllies for nonenelosed area ans the eyent(s) for which liye
!lerfofffiance mllsic or EIflljllified sOllfld .....ill emanate from the af.flHally
!lefffiittes nonenclesed area: (e.g., sillller hour, ha!ljlY hour, sa)time, evening
or week ens elltertainmellt, etc.).
d. Describe all hOHrs sHfillg any 21 hellr !leriod sanllg v/hieh sHeh liye
!lerformanee mllsie or am!lliHed sound will emanate.
e. Calensllf' yelH" for the aililllal !lefffiit being lIfljllied fer.
(1) Fee fer RRRIIRlpermit. f. $10.00 fee shall be !laid by the a!l!llicant at the time of
lIfljllication for an annllal !lefffiit fer eests associates with allministratien and
eflfereement. These af.flllal !lefffiits run fr-em JanHIH"Y I threllgh Deeember 31. There
shall be no !lroration efthe lIfljllicatien file. These allflllal !lermit roes may be changes
from time to time by resollltion(s) of the Boars ofCoHnty Commissiollers.
(5) 'lielatioH of af.flllal !lermit fur liye !lsrfermanee mllsic IlHd Elffi!llifies sOlllld. Sllbject
to the mHltifarnily ri',yelling IInit "llIIlIer management exemfltionG" in sHBsection D,
aBeye, any !lemon whe, or eHtity that, eaases 0f allows to be eaases aTJillally
!l6rmiUea live !lerforman6e mllsic or aTJillally !lermittes affi!llifies sOllnd to emanate
Page 21 of36
Words underlined are added; Words "!rude through are deleted.
G. f.utlloFized Sellool, ParI. OF Playground f.etivities. Nothillg in this Onlinanee is
iHtendes to reglllate any sOHllds emanating from any aHthorized !llaygrollHs or school sjlortillg
event, entertaiHfHent e'/elll, or aathorized event at a !laBlie or !lriyate !llaygrOliHs or school
!lf€lvides the sOHnds therefrom confurm to the aathorization grantes BY the !llaygr-ellns's or the
seReet's m.anagem6Bt t8 e8H.al:let that e~/ent.
II. Raceway Faeilities ans Activities at tile Immol.alee Regional Airport. This
Orsinance shall a!lply to the existing one eighth mile drag strijl at the Immokaleo Regional
.\ilJlort and shall colltillHe to 8Jl!lly thereto lInleGs and IlHtil llifferellt noise leyels may be
deteFlRined BY means of the fullowing !lermitting !lroeesses. This Offiinallce soes not establish
allY soand level standlifds that are to 8Jl!lly to any fature raeing facilities or activities hereafter
locatod at that ailJlort. If adr.iitional raceway faeilities life aathorized at that ailJlert, the sOllns
level standlH"ds that shall 8Jlply thereto shall be determines BY ana dHring the !lermitting
!lroceGseG that aathorize sueh future faeilities and/or activities. The BOlifd shall ha'/e final
8Jl!lf€l"lal aathority of the a!l!llieaBle sOllnd levels after !laBlie hearing thereon. Those new SOHIIS
level standar-ds shall then Be 8Jl!llies e(jllally to the one eighth mile drag slri!l. Those lIew SOHflS
level standardG can exeees, bat shall not Be strieter thall, the mlmimam sOHlld levels lIew
speeified in this Orllinallce, ans shall Be determined BY ans saring the !lSImitting !lroeesses that
aathorize slleh futllre facilities and/or activities. Sllch standaras shall be descriBed in terms of .^.
woighted testing HIlder Table I ans BY oetaye Bans standards unser Table II, and there shall Be 110
time averaging of any of those sotffids. Not\vithstaflding any other then existing enforeement
alternati'/es, those stansardG, once establishes, shall be enfurceaBle BY 8Jl!lIJ~lIg this Ordinance.
Page 22 of 36
Words underlined are added; Words slrnck through are deleted.
I H. Other &elHedies Preser',ed. No provision ef this Ordillanee is illtended to disturb the
right of the CoHllty or of any !lerGon or entity to !lllrsHe any ether remedy fer the aBatemellt of a
IIHisanee, or any other remesy that may then Be available IlHder law or eqllity. This Ordinanee
does 1I0t ap!lly te the eKtellt the specific reglllation is theH !lreem!lted by Flerida or fesefllllav.,
rule or regalatioll.
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:
SECTION SEVEN. BXCBPTlONS EXEMPTIONS.
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 govermnent;
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 's'subsection ~6.F hereof.
B. Noises of safety signals, warning devices, and emergency pressure relief valves, ans Bells
ans ehimes ef ehlH"ches.
C. Noises resulting from reasonable use of bells and chimes. such as those from churches.
D.&. Noises resulting from any authorized emergency vehicle when responding to an
emergency call or acting in time of e.!:i.mergency.
E.!}, Noises resulting from Emergency Work as sefines in Seetion Five.
F.E.- Noises resulting from equipment or operations incidental to the emergency repair or
restoration of services such as public utilities or other e.!:i.mergency activities in the public
interest.
G.~ Any other flNoise resulting from activities of a temporary duration permitted by law and
for which a lie elise, !lermit or waiver therefore permission has been granted by the County
Manager or designee in accordance with Sections Seven, Nine, and Tefl this Ordinance.
Page 23 of36
Words underlined are added; Words struek tMsl:Igh are deleted.
H.G, Noises made by persons having obtained a permit to use the streets.
LJ:..h AlllINoises coming from the normal operations of aircraft (not including scale model
aircraft), including Noise from mosquito fogging aircraft, and from the normal operations of
airports within the County.
1. Soand from vehicles when on a road shall not Be regHlated by Code Enforcement
officers, inc\lIding sOllRd from sOllnd !lrodlleing se'/iees when on a r-eas.
J. Motor vehicles used on public roadways, as defined in F.S. S 316.293(2)(a), (b), and (c).
K. Ordinary noise created by the normal operation of railways.
L. Operation of e.!:i.quipment 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 normal
community operations, between the hours of7:00 a.m. to 10:00 p.m.
M. Exception for existinl! operations. An exception to the Sound Level limits contained in
Section Six. Table 1. shall be permitted where a commercial use or other non-residential use had
in prior years established its place of business in an area away from a residential use, and through
subsequent development or rezoning. now finds itself adioining a Residential Zone. In these
instances, the Sound Level limits in Table I pertaining to the previously existing zoning or use
category shall apply, and the commercial use or other non-residential use shall not be required to
meet those Sound Level limits pertaining to residential zoning or use. COlHlllianee Provisions.
In those illstances '1/here an in8HGffY or commercial bllsilless had !lrior to February 23, 1990,
established its !llaoe of Bllsiness in an lH"ea remo'/od from reGidelltial zone ans sHBSellHelltly
thrOligfl ellsroachmellt of residential ae'/ele!lment or rezoning, beeame immediately adjaoellt to a
residelltial zone, sHoh BlIsiness shall Be felJHired to eomply with all s~ellRs ll,e\'el limits.
Notwithstansiag the above, facilities and !lFesesses eldsting at the BlIsiness site aG of JanHary I,
2001 shall be seemes to Be in filII complianee with this Ordinanee !lr8'/iaed the respeeti'/e
Bllsiaess eom!llieG with the follo',villg:
(I) !.n engilleer with eJl!lertise in tHe sllBjeet matter lH"ea of aeoHstical engineerillg and
licellsed to !lr-evide sHeh services in Florida, is retainea BY tHe Bllsilless to condllet,
and dses consllot, a thmollgh acollstieal analysiG of the rele'/ant noise !lrodHcing
o!lerationG of the Bllsilless; and
Page 24 of36
Words underlined are added: Words "!fUel< tlH-oligh are deleted.
(2) A timetable (for commeneemellt anEl cOffijlletion of the engineer's !lro!loses sOHlld
redlletion !llan is to be HIIdertaken by the Bllsiness) is !lresented to tile CoHllty's
Direetor of Code Bnforcement, Yoho is hereby aatherized to aGcertain (with or withoat
aGsistanee of an aeollDtieal engineering firm retained BY the COllnty) \',hether the
!lro!losed remeElial meaGHreG and timetable appear to be adeqHate ans reasonable. If
ap!lfOveEl to be reasolla13le by the Director, the Director shall monitor the a!l!lrovea
!llaH aHS timetable to confirm timely cOffijlletion ofthe !llan; and
(3) Bases Il!lon the engineering analysis, the bllSillesG, BY eX!lending money and/or taking
other remeElial meaSllres, makes a good faith effort to attem!lt to cOffijlly fully y,ith
the applicable maximllfH noise levels as measHeed at re!lreselltative residelltial noise
affected sites ana/or anits, and the remesial measllres Bring the offelldiag noise levels
towara eOffijlliance with the maximam soana leyels, and after cOffijlletion of the
!llan's SOHIIS resllction meaSHres, the sOlffia levels do not e)leeeS any a!l!llieable
ma)(imHm sOHnd level specifies in this Ordillance BY more than two seeiBels; and
(4) In the !lrefessional jlldgmellt of the bllsilless' retained aeoHstical engineer,
e)l!lenditllre of aasitional mOlley or other reSOHeees, or takillg other remodial
measlH"es to attempt to fur.her resllce the levels of any sHch SOWlSS is HHlikely to
reGlllt in any meaningful far'.her redHction in any of the sOllHd levol then emanating
trem !Be bHsiness.
(5) Ceffijlliance 'vith the abo"e fuur sab!laragraphs shall cOllelllsively establish that ifthe
COHllty shoHla reqHif'tl any further cJ(!lensitlH"e of mODe)' or the talling of any other
remedial meaSHres 'viii thereBY iffijlose an llaSlle eeonomic BHeElen lIflon that
bllsiness. Ullooe economie Bllrden illellldes mOlletary losse, !lr-ejectes to reDHlt from
reqlliring the Basiness to cOffijlly more fully with the a!l!llicable maximllm SOIffiS
levels, illclllding, Bllt not necessarily limited to, cessation or any reaHction of the
bHsinesG' hOllfB of operating allTing any 24 hour !lerioEl.
N. The reasonable use ofthe unamplified human voice.
O. Noise resulting from regular maintenance testing of standby emergency power
generators, provided that any sound attenuation provided by the manufacturer is retained. and
provided that the noise occurs between the hours of 9:00 a.m. and 5:00 p.m., Monday through
Saturday, excluding holidavs stated in subsection 6.F.2.a hereof. The frequency of maintenance
Page 25 of 36
Words underlined are added; Words '!RIek through are deleted.
testing and the duration of each test shall be no more frequent and not longer in duration than
thirty (30) minutes once a week.
P. Authorized School. Park or PlaYl!round Activities. Sounds emanating from any
authorized playground or school sporting event. entertaimnent event, or authorized event at a
public or private school, park, or playground. provided the sounds therefrom conform to the
official authorization granted to conduct that event.
Q, Racewav Facilities and Activities at the Immokalee Rel!ional Airport. This
Ordinance shall apply to the existing one-eighth mile drag strip at the Immokalee Regional
Airport and shall continue to apply thereto unless and until different noise levels may be
determined by means of the following permitting processes. This Ordinance does not establish
any Sound Level standards that are to apply to any future racing facilities or activities hereafter
located at the airport. If additional raceway facilities are authorized at that airport. the Sound
Level standards that shall applv thereto shall be determined by and during the permitting
processes that authorize such future facilities and/or activities. The Board shall have final
approval authority of the applicable Sound Levels after public hearing thereon. Those new
Sound Level standards shall then be applied equally to the one-eighth mile drag striP. Those
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 permitting 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 1. and there shall be no time
averaging of any of those sounds. Notwithstanding any other then existing enforcement
alternatives, those standards, once established, shall be enforceable by applying 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 requirement for and process related to
Community Event Permits.
Page 26 of36
Words underlined are added; Words slrnsk trn-eugh are deleted.
f<!lplicationG for a cOffiffillnity eveRt !leFlflit for relief fr-em the m!tXimllffi allowaele neise level
limits sesignated in this Section or Section Ten may ee made iH writing to the Coooty
AdmilliGtrator or his sesignee. /\. community evellt !leffilit may not ee eetailles by the llelder of
an alllJ.llal !lermit for aHY e'/ent !leffilittes !lllrsllant to the anIIHal !lermit. f.BY community eyellt
!lermit grantes by the COllnty f.aministrator henlander mHst ee made in '-"'fiting and shall colltain
a-1I eonsitions Il!lon which said eommunitj' eyellt !lermit shall ee effeetiye. The COllnty
f.dministrator, or his deGignee, may isslle a commWlity eyellt !lermit Ilnder the follewillg
eeaaitieas:
1. The County i\.dmillistrator may !lreseriee llIIj' rea-sollaBle conditiolls or reE[llirements
as he deems necessary to minimize adverse effects Il!lon the cOllllHllnity or the
sHITounding neigheorhoos, illclHding Ilse of mllfflers, screeHS or other sOllnd
at4enllating seyices.
2. Commooity event !lermits issHes llereooder may ee granted for allY !llwmed
commHHity evellt aG defined llerein.
3. CommllHity evellt !lermits issHes hereHlleer for elltertainmellt events, illclllsing
!larades, elltertainmellt e'/ents other than at !llH"lm, !llaygrollHss or school !lro!lerty;
concertG, in street e'/llflts, firowor!cs sisplays, and slffistantially simillH" eyellts may be
granted sllBjeet to the following consitiens:
a. The event must ee open to the !llffilic (admission may ee chargee);
b. The !leffilit Call allthorize the elltertainmellt eyeRt to function for Il!l to Hi hOHrs in
a 24 Rom day; and
e. The elltertainmellt e'/ellt itself may function only eetween the llOHrs of 8:00 a.m.
ana midnight.
4. COHlHlanity e'/ent !lelmits for other than entertainmellt eyellts may ee isslles IlDder
the follewing conditions:
a. If the commllllity evellt relates to the operation of a trade or busilless ellt is not
conslleted in the or-dinary eOHrse of that trade or eHsin8ss;
e. If the IIJlplieallt is an indi'/ieHal, the cemmllnity eY811t does not relate to the
operatioH of a trase or eHsiHess iIflS the community e'/ent is 1I0t an ordinary e'/ent
in the affairs oflhe IIJlplicaat;
Page 27 of36
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e. If the eOffiffillnity eyellt is a reeurrillg event bHl does not recllr more often than
follr timos each ealendlH" yelH"; and
S. If the eommllnity e'iellt soes not relate to the operation of a trade or bllGiness aIld
the evellt is eom!latiele ...:ith the orsinary actiyities of the neighBorfl.ood in whicH
the cOflllflHnity e':ent is to oceHr.
5. Bxcept in emergellcy sitllatioFls, as determines ey the COllnty ,^.dministrator, or as
restrieted in Seetion ~!ille, a comfllanity event !lermit may ee iSGHed for only four
hours between 7:00 a.m. and 11 :00 !l.m. on "yoeksa)'s for e'/ellts other than
entertainmont.
8. /\ commllllity event !lermit may ee isslIed for no longer than seven eonsecll!iye days.
7. No commllnity event !lermit may be isslled to allow the Ilse of any IOlld5fleaker or
SOHIlEI atBjllifyillg device on the exterior of llIIY blli18illg wilieH at any time exceess
the a!l!llieaBle SOIffiS le'iellimits in Table I hereof e)(ce!lt those Ilsed fer emergeney
wamings and exee!lt as otherwise !lf8yisos ey Section 51 93 of the Cose of LaviS ans
Or.aillances herein.
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:
SBCTION NINE. 'N:\I'lBRS.
f41!llications fer a waiver for relief fr-em the maximHffi allowable noise le'iel limits or
time of say restrietions designated in this Or.aillallee shall ee made in writing to the Board of
COllHty CommisGioners, when the activity creating SHeH noise is loeated within the
llllineofllorated area of the Ceallty. Any waiver gralltes by the Hoare of Colffily Commissiollers
mllst Be in writing and shall contain all conditions HIlon wfl.ieh said waiver sHall ee effecti'/e.
The HOlH"s ofCoHflty Commissioners may grallt the waiver \lpon consideration of the reEjHest at a
regHllH"ly sched\lled !lllehe hearing and Hnder the following eonditions:
1. The lljljllieant has not receives a .,yaming or citation from the Cese Enfor-eement
De!lartmellt whiCH is cHrrently !lending fer 'iiolation of annllal !lermit.
Page 28 of36
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2. The Beard of CoHllty Commissioners, in grallting a wan'er, may !lFescribe any
reaGonaBle conditions or reqllirements it Eieems neeeGsary to minimize adverse effects
Iljlon the commanity or the sllFfollnding neighBorhooEi.
3. 'Nai'lIlFS from maximllm allowable noise level limits or time of Eiay restrictions Hlay
be granted fer noises ereated within an indllstrial Elr commercial zone ey o!leFations
whieh were in existellce on the effecti'/e sate of the Orainance from which this
Ordiflllflee waG deriveEi.
4. 'NaiverG may ee issHeEi for no lElnger than 30 days, renewaBle by further application
to the Board ElfCollnt)' Commissioners.
SECTION NINE: AMENDMENT TO SECTION TEN OF ORDINANCE NO. 90-17, AS
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
existing permit. by the County .\lImiHistrator Manager, 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 AEiministFator 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 TENBLEVEN. VIOLATIONS; PENALTIES; ENFORCEMENT.
Page 29 of36
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A. Any person violating any of the provisions of this Ordinance shall, upon adjudication of a
violation by the Code Enforcement Board. Special Magistrate, or court of competent iurisdiction.
conviction thereof, be subject to a fine not exceeding $500.00, or iHlflrisonment not e)[ceesillg 60
days, or both. as follows:
First Violation $100.00 fine
Second Violation $250.00 fine
Third or more Violation $500.00 fine
Each incident of violation day SHCfl violation is sommitted or peffilitted to sontillHe 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, inelHsing the sa)' lI!lon whish the original sitation '.vas issllos.
B. Upon cOllyiction of adiudication bv the Code Enforcement Board, Special Magistrate. or
court of competent iurisdiction of three violation~ of this Ordinance three times for the same
offense within a l2-month period, when the offending sooh sSound is created by the same
sSound emitter, the noise creating equipment may be confiscated by the Code Enforcement
Board, Special Magistrate, or court following the most resent som'ietion third adjudication of
violation, until such time as the offender can satisfy the Code Enforcement Board, Special
Magistrate. or court that he or she is prepared to and, in fact, will operate said equipment within
the limits of this Ordinance. Further adjudications of violation thereafter shall reGHlt in the be
grounds for permanent confiscation by the Code Enforcement Board, Special Magistrate. or
court, HIlon Sllch sonviction.
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.
D. It shall not be a lawful defense to assert that some other person caused such sound but
each lawful possessor or claimant of the premises shall be responsible for operating or
maintaining such premises in compliance with this Ordinance and the offending act shall be
punishable whether or not the person actually causing such sound is also punished.
Page 30 of 36
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E. The County Sheriff or his 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 his 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 his designee or other authorized enforcement
agent responds to complaints regarding aAmplified sSound or nonamplified music from a
nanenelesea any area for which an aAnnual Sound pEermit has been issued, he may administer a
SOllna level !lreSSHre test with a sSound ll,evel mMeter and ascertain whether a violation of this
Ordinance has occurred. If the result of the sallnd level !lressHre test indicates a violation of this
Ordinance, the Sheriff or his designee or other authorized enforcement agent is authorized to
demand that the violative sound cease, and to issue a citation or notice to appear, or to arrest, to
the person producing, causing to be produced, or allowing to be produced the aAmplified netse
Sound.
F. In addition to the foregoing provisions, the following enforcement procedures shall apply
where an annual permit is required pursuant to Section Six or Seetion 51 93 of the Cede of Laws
and Or.ainanees.
(1) Upon the first violation of the annual permit the County Code Enforcement
Department or Sheriff's Office department 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
County Ordinance No. 2007-44, the "Consolidated Code Enforcement Ordinance".
(2) If cited to the Code Enforcement Board or Special Magistrate, the Code Enforcement
Board or Special Magistrate 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 andL-or
Page 31 of36
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criminal penalties as provided by this Ordinance upon conviction by a court of
competent jurisdiction.
(4) U!lon the second enforcement astion referred to the Code Bnforcement BOai'd or to a
COllrt of eOHlfletent jarissiction '.vithin any 12 mollth !lerios, the llIIIIHal )'le_it shall
ee revoked ey the Commllnity Develo!lment Servicos hiministrator for olle year
rr-em the date of final aetion by the Code Enforcement Board, or ey a eOHrt of
com!letellt jllriseietion Finding the !lerson in '/iolation of this Ordinanee. DHring sais
!lerios ofFe'/ocation, the !lerson having held the revoked !lermit shall ee ineligible to
Q!l!lly for an at"J1llal !lermit issues !lursHilHt to Section Six or Soetien 54 93 of the
Cose of La'.vs and Ordillances.
(5) .'.flY !larson aggrieved by the revoeation of the lHlIlHal !lermit by the COffimlolHity
Dovelo!lmellt j\dministrator may Q!l!leal sHch re'/oeation to the Boar.e of County
CommisGioners, eonGistent with Seetion Nine ofthis Ordillanee.
G. Statutory Vehicle Related Noise Violations. Motor vehicle noise prohibited by Section
316.272, F.S. (excessive or unusual noise from motor vehicle exhaust system), or by Section
316.293. F.S. (maximum motor vehicle decibel levels measured by testing equipment). or any
vehicle noise prohibited by any other Florida Statute, shall be enforceable by the Sheriffs
Office, and shall not be enforceable bv 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 producing device related to a vehicle when on a road. shall be
enforceable by the Sheriffs Office. and shall not be enforceable by Code Enforcement officers.
These violations, when off road, can be enforced bv Code Enforcement officers or by the
Sheriffs Office, including without noise testing by applying Section Twelve.
1. Other Remedies Preserved. Nothing in this Ordinance shall prohibit the Sheriffs
Office from charging persons responsible for acts which affect the peace and quiet of persons
who may witness them for breach of the peace or disorderly conduct under Florida Statutes. In
addition, no provision of this Ordinance is intended to disturb the right of the County or of any
person or entity to pursue any other remedy for the abatement of a nuisance, or any other remedy
that may then be available under law or equity. This Ordinance does not apply to the extent the
specific regulation is !hell preempted by Florida or federal law, rule or regHlation.
Page 32 of 36
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SECTION ELEVEN:
AMENDMENT TO SECTION THIRTEEN OF ORDINANCE
NO. 90-17, AS AMENDED
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
fur either adyertisillg or other !lllFlloseG 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.dmillistrator
Manager or his designee. An annual permit fee of $5.00 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 by Sound Level MeterssoHlIsinoise
measaring (deeieel testing) eqlli!lment.
B. This sSection applies only to the following noise affected sites classified as residential
use in Section Six.
(I) ReGidontial dwelling or unit: These inelllde single family residenee, dll!llml, ete.,
apartment, dwelling eondominillm Ilnit, moeile home, hOllse trailer, hOllse eoat or transient
d'.velling unit inelHding hotel, motel, inn or simillH" residential lIse establishment that is not
exempted from this Ordinance ey Suesection 54 92(d) (mHltifamily dv/ollillgs lIRder the same
Hlallagemellt);
Page 33 of36
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(2) Hos!lital;
(3) }lHrsing home;
( 4) Lierary in use;
(5) Pablio or !lrivate school, illclllsing oollege and Wliveraity,
(6) Court in sessioll;
(7) Hos!lioe; or
(8) ChllF6h in \,tse.
C. Taking into account the time of day, day of the week, and the umneasured Ambient Noise
at the any aBBye listed noise affected site, the following nNoises are a violation ofthis Ordinance
without use of testing equipment provided such HNoise, based upon observation by listening
hearing by an enforcement officer and a complainant at the noise affected site, is clearly:
(\) 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
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:
(I) Domesticated animal, including dog, bird or fowl, which violations pursuant to
this Section shall be enforced only by Domestic Animal Services or by the Sheriffs 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) noise a!l!llies to including the total volume of
noise from the vehicle or from any part thereof including motor/engine, if any" ans cOHsidering
whether This includes all vehicles for which any part of the vehicle's original manufacturer's
exhaust system, if any, is modified or removed, or eecilHoe the yehicle or any ';Miele related
sOllnd !lreollcing device is out of repair and all vehicles that are out of repair and any vehicle
related sound producing device that is out of repair. These noises are enforceable by the
Sheriffs Office, but shall not be enforceablee by Code Enforcement officers unless exeept when
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 of36
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other substantially similar device, including when a hom, siren, whistle, bell or similar device is
sounded longer than necessary. These noises are enforceable by the Sheriffs Office, but shall
not be enforceablee by Code Enforcement officers unless e)(eept when the sound producing
device is offroad.
(4) Exceptions; Lawful Business, Profession or Occupation. This sSection does not
apply to any lawful business, profession, or occupation provided any such above-listed class of
IINoise is typically emitted from that type of business, profession or occupation, and at that hour
of the day and day of the week. This sSection applies if such IINoise 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 THIRTEEN:
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 maybe renumbered or
re-lettered to accomplish such, and the word "ordinance" may be changed to "section", "article",
or any other appropriate word.
SECTION FIFTEEN:
EFFECTIVE DATE.
This Ordinance shall be effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida this Jh day of l"::eeJ'..lvJf)tY:2008.
Page 35 of36
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ATTEST:,. ~'1l11)
DWI~"E. 'BR~q.K, Clerk
.. .,.~~~,. ~
.... .., ,
. ~. .,/ .' f/.
B.~.' "< "-(
(,~st'''~~,,~~X ~lerk
Ct4Jll4tur.' ,o.n'l .
Approved 'atllteif6rm
and I al sufficiency:
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:~
TOM HENNING, C IRMAN
'this ordinance filed with the
Secretory of St~ Office the
P" day of 5, " Got::Pt
and acknowledgement of that
filing ..,cejved thi, ~day
af'~ \..
'( ~ ",-c:..-
Deputy CMirk
Words underlined are added; Words strnek throligh are deleted.
Page 36 of36
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 2008-68
Which was adopted by the Board of County Commissioners
on the 16th day of December, 2008, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 31st
day of December, 2008.
DWIGHT E. BROCK
Clerk of Courts a~.Clerk
Ex-officio to Bo~fQof
County Commiqsion.~J;s
~~
Deputy