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Ordinance 73-06RICIIAI1D (DICK) S'ro~ :May 11, 1973 Mr. Ben D. Driver, Fiscal Officer Board of County Commissioners Collier County Courthouse Naples,-Florida 33940 Dear Mr. Driver: As requested in your letter of May 9, we are enclosing a copy of Collier County Ordinance No. 73-6, as filed in this office on April 12, 1973. Please let us know whenever we may be of assistance. Cordially, RICHARD (DICK) STONE Secretary of State (Mrs.) Nancy Kavanaugh Chief, Bureau of Laws NK/eh Enclosure BOOK 1 PAGE 199-A AN ORDINANCE DECLARING CERTAIN NOISES PROHIBITED AND UNLAWFUL, BOTH GENERALLY AND AS TO POWER LAWN MOWERS, ENGINE POWERED EQUIPMENT, AIR CONDITIONERS, ANIMALS, BIRDS, LOUD SPEAKERS, MUSICAL INSTRUMENTS, FIRE CRACKERS, FIRE ARMS, PILE DRIVERS, SIIOVELS. GRATERS, SCRAPERS, TRACTORS, PNEUMATIC HAMMERS, CONSTRUCTION EQUIPMENT, ETC.,: PROHIBITING CERTAIN NOISES AT CERTAIN TIMES: PROVIDING FOR DEFINITIONS, PROT VIDING FOR PENALTY FOR VIOLATIONS, PRO- VIDING FOR EXCEPTIONS: PROVIDING FOR SEVERABILI~ OF PROVISIONS HEREWI~I: PROVIDING AN EFFECTIVE DATE. WHEREAS ne United States Congress,by enacting the "Evinronmental Noise Control Act of 1~72", declares that it is the policy of the United States to promote an environment free from noise that Jeopardizes the public health or welfare; that enviornmental noise of all intensity, duration and character presents a growing danger to the health and welfare of citizens, particularly in Urban areas; and that the primary responsiblity for control of environmental noise rests with the State and local grovernments; and WHEREAS Article 2, Section 7 of the Constitution of the State of Florida pronounces the policy of the State of Florida to abate excessive and unnecessary noise; and WHEREAS it is found and declared that the making and creation of excessive, unnecessary or unusual noises within the limits of County of Collier is a condition which has existed for some time and the amount and intensity,of such noises is increasing; and, the making, creation or maintenance of such excessive unnecessary, unnatural or unusually loud noises which are prolonged, unusual or unnatural in their time, place and use, affect and are a detriment to the public health, comfort, convenience, Safety, welfare and prosperity of the residents of the County of Collier; and WHEREAS the necessity in the public interest for the provisions and prohibitions hereinafter contained and enacted is declared aa a matter of legislative determination and public policy, and it is further declared that the provisions and prohibitions hereinafter contained as enacted are in pursuance of and for the purpose o£ securink and promoting the'public health, comfort, convenience, safety, welfare and prosperity and the peace and.quiet of the County of Collier and its inhabitants. ~IEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: SECTION ONE: Section~l. NOISES. "NOISE NUISANCE", defined enumeration. (a) Any loud, irritating, vexing, or disturbing noise when such acts are done or accomplished, or carried on in such a manner, or with volume, intensity, or duration, so as to annoy, to distress, or to disturb the quiet, comfort, or repose which causes distress, annoyance, discomfort, or injury to, or which interferes with the cc~fort and repose of the public within the vicinity of hearing thereof, is declared to be a "noise nuisance", that is unlawful and is prohibited. (b) The following acts, among Others not hereinafter enumerated, are declared to be "noise nuisances", unlawful, and in violation of the provisions of this chapter: ~. "NOISES, Prohibited enumeration: The following acts, among others, are declared to be loud, disturbing and unnecessary noise nuisances and are hereby prohibited under this Ordinance, but said enumeration shall not be deemed to be exclusive: namely, (a) Engine Exhausts,.etq. It shall be unlawful: (1) To discharge into the open air of the exhaust of any steam engine, stationary internal combusion engine, motor boat, or motor vehicle except through a muffler or other device which will effectively prevent loud or explosive noises therefrom; "provided, however, that no person, firm, or corporation Shall be required to add new or additional muffling devices to com- mercial equipment when such devices would produce substantial engine inefficiency or damage. (2) To use an engine muffler cut out, by pass or similar device, in a residential area, on a highway, or street; (3) To modify an engine exhaust system in a manner that increases or amplifies the sound. Further prohibited is the alterattom, or modification of any muffler, or exhaust system on any motor vehicle which causes, or allows the emission of a noise level greater than that produced by such vehicle when it is equipped with the muffler and exhaust system provided by the manufacturer. (4) To operate any engine at such a speed as to cause exces- sive, unnecessary or unusual noise or vibrations, or which is not equipped with a muffler in good working order, and in con- stant operation so as to prevent excessive or unusual noise. (5) Any noise creating blower, or power fan or any internal combusion engine, so as to cause noise due to the explosion of-operating gases, or fluids, unless such noise is effectively muffled and such engine is equipped with a muffler device suf- ficient to reduce such noise to a reasonable minimum. (b) Horns, Sign~ing Devices, etc. It shall be unlawful: (1) To cause a horn or other device, which is stationary, or is attached to, or on a vehicle to e~it an unreasonably, or unnecessary loud or harsh sound or a whistle, or to operate any horn, warning, or similar device except when reasonably necessary or insure safety or as a d~nger warning. Vehicle horns shall not be used to indicate impatience or a desire to hurry or speed up. (2) To equip, cause to be equipped, or to operate, or use, or to allow to be operated, or used, upon a motor vehicle any siren, whistle or bell operable by the driver or a passenger; except emergency vehicles authorized by'law being operated in response to a bond fid~ emergency, or in the immediate pursuit of an actual or suspected violator of the law. (c) Defect in Vehicle or Load. It shall be unlawful to use any automobile, motor~cycle, or any other type of engine equipped vehicle so ou~ of repair, so loaded, or in such manner as to create loud and unnecessary grating, grinding, rattling, or other noise. (d) ~onstruction or Repairing. Xt shall be unlawful to perform any type of construction or repair operation except withi~ the~rs specified below: (1) Residential Areas: (i) During Winter Season: The erection (including excava- tion), demolition, alteration or repair of any building within a rcsidential ~rea, ot~er t~n~between the hours "' "~3- '~ '''~' ~'''' ~' ~ ,~*~'-~.~',, . o! 7 A.M. and 7 P.M., on Monday through Saturday inclu- sive, during the winter season of December 15, through April 15, of each year. (ii) During Summer Season: The erection (including excavation), demolition, alteration or repair of any building within a residential area, other than between the hours of 6:30 A.M and 7 P.M., on Monday through ~aturday inclusive, during the summer season of April 16, through December 14, of each year. (iii) Sundays and Holidays: The erection (including excavation), demolition, alteration or repair of any building within a resdiential area, except during a time of extreme emergency duly declared, is prohibited. It has been determined that Sundays and Holidays are the usual days of rest as accepted by the citizens of Collier County, Florida. Non-Reside~.tial Areas: (i) During Winter Se4son: The erection (including excavation), demolition, alteration or repair of any building within a non-residential area, other than between the hours of 6:30 A.M. and 7 P.M., on Monday through Saturday inclusive, during the winter season of December 15, through April 15, of each year. (ii) ~uring Summer Season: The erection.(including excavation), demolition, alteration or repair of any building within a non-residential area, other than between the hours of 6 A.M. and 7 P.M., on Monday through Saturday inclusive, during the summer season of April 1~, through December 14, of each.year. (iii) Sundays and Holidays: The erection (including excavation and dredging), demolition, alteration or repair of any building within a non-residential area, except during a time of extrame emergency duly declared, is prohibited. It has been determined that SundaYs and Holidays are the usual days of rest as accepted by the citizens of Collier County, Florida. (3) .Special Permit: Any person, corporation or other entity may apply to the Board of Commissioners of Collier County, Florida, for a permit to operate during the hours prohibited above. If they determine that substantial loss or substantial inconvenience would result to any party in interest, and that the public health and safety will not be impaired by such operation, a permit may be issued which allows erection, dredging, excavation, demolition, alteration or repair during the otherwise prohibited hours. The permit shall not exceed three (3) days duration, but may be renewed from time to time for a like period so long as the above circumstances exist. (4) Material Suppliers: Any material supplier may commence operations at point of origin of materials, thirty (30) minutes prior to the times specified above, so as to have materials arrive at the Job site at the time when operations are allowed to begin. This shall be a special exception to the above regulations, and said operation shall be conducted in a reasonable manner to minimize noise. (e) Radios~ Phonographs~ Loudspeakers~ etc. The using, operating or permitting to be played, used, or operated, any radio receiving set, musical instrument, phonograph or other machine or device for the producing or reproducing of sound in such manner as to disturb the' peace, quiet and comfort of the neighboring inhabitants,' or at any time with louder volume than is necessary for convenient ~earing of the persons in the room, vehicle or chamber in which such machine or device is operated, and who is a voluntary listener thereof. The operation of any such set, instrument, phonograph, machine or device between the hours of eleven o'clock (11:00) P.M. and seven o'clock (7:00) A.M. in such a manner as to ~&a~a[~ly audible at a distance of fifty (50) feet from the building, structure or vehicle in which it is located shall be prima facie evidence of a violation of this section. (f) Loud Speakers~ Amplifiers For Advertisin~, It shall be unlawful to use, operate or permit to be played, used, or operated any radio receiving set, musical instrument, phonograph, loudspeaker, sound amplifier, or other machine, or device for the producing or repro- ducing of sound whichever is the case, on any street, or pub£ic place of the county fry tile purpose of commercial advertising or attracting the attention of the public to any building or structure without a permit issued by the Board of County Commissioners as outlined in (d)(3) above. (g) Yellins~ Shoutins, etc. Any unnecessary yelling, shouting, hooting, whistling or singing on the public street, particularly between the hours of eleven o'clock (11:00) P.M. and ~even o'clock (7:00) A.M. in such a manner as to disturb the quiet, comfort, or repose of persons in any office, dwelling, hotel or other type of residence or other porsons in the vicinity. (h) Animals~ Birds, etc. The keeping of any animal or bird who produces any frequent, or long continued noise so as to unreasonably disturb the comfort or repose of any person in the vicinity. (i) Noisy Dogs. It shall be unlawful for.any person tokkeep, or harbor, or own any dog in the county which indulges, or engages in frequent or habitual barking, helping or howling, thereby creating annoyance to the inhabitants of the neighborhood in which the dog is kept, or to people passing to and fro upon the public streets. (J) Loading, Unloading, Opening Boxes. The creation of a loud and excessive noise in connection with loading or unloading of any vehicle, or the opening, closing or destruction of bales, boxes, crates and containers. (k) Sohd~t~, Co~rt~nChurches, Hospitals. The creation of any excessive, or unnecessary noise on any street.adjacent to any school, institution of learning, church or court in use~ (1) Hawkers, Peddlers. The shouting and crying of peddlers, hawkers and vendors. (m) Air Conditioning Units and Equipment~ and Other Types of Mechanical Equipment Or Apparatus Installed On Or Attached . 'To Premises Shall Conform To The Followin~ As Regards ~iee..' (1) In all districts or areas where multiple family or ~ransient' lodging fac'ilities are permitted, air cooled condensing and/or compressor equipment which is a ~a rt of an air conditioning systeTM or a water cooling tower, and any other type of mechanical equipment or apparatus installed on or attached to premises, except window wall units up to 18,000 B.T.U. shall be at a distance of not less than fifteen (15') -6- feet from all lot lines of adjoining lots in such districts or areas, or completely retained within building. (2) It shall be unlawful for any person, corporation, association of persons, co-partnership, in the operation of any air conditioning equipment or part thereof, or any other type of mechanical equipment or apparatus installed on or attached to premises, to make, continue or cause to be made, excessive noise so as to cause annoyance, incon- venience or detriment to the public or to any person or persons. In single family residence districts, multiple family dimtricts or districts where multiple or transient lodging facilities are permitted, or other districts which adjoin such districts or areas, noise shall be con- s~dered excessive, if the sound pressure level from the air condition- ing units, or any other type of ~echanical equipment or apparatus in- stalled on or attached to premises, between the hours of 10 P.M. and 8 A.M. exceeds 60 decibels as measured on the A Scale of a General Radio Company No. 1551-A sound level meter or A~erican Standards Association approved equivalent, when the meter is located at a point on the property line nearest such air conditioning units, mechanical equipment or apparatus, or a distance of fifteen (15') feet from such air conditioning units, mechanical equipment or apparatus, whichever is greater. (3) If, as.a result of the test, the air conditioning equipment, mechanical equipment or apparatus installed on or attached to premises, is found to violate the terms of this Ordinance, the operation o~ said equipment or apparatus shall be ceased in~uediately and not resumed unless proper corrections have been made and approved by the Building and Zoning Department. (n) Areas Embraced. All territory within the legal boundaries of Collier County, Florida, including all incorporated and unincorporated areas, shall be embraced by the provisions of this Ordinance, unless specifically deleted or superseded by Municipal Ordinance. Noises originating in an area not embraced by the ~rovisions of this Ordinance which amanate into an area embraced shall constitute a violation of this Ordinance. (o) ,Exceptions and Exemptions. (1) It is recognized that emergency conditions may warrant the operation of one or more of the engines or devices during the hours prohibited herein, and in such event, after first having secured a written permit from the Zoning Official so to do, the same may be operated during the period of such emergency. In the event that an emergency condition is of a nature requiring immediate action and where the requirement of securing a prior written permit would endanger persons or property, a party may take any action neces- sitated by the situation and subsequently apply to the Zoning Official for an after-the-fact permit. (2) The provisions of this Ordinance shall not he construed to prohibit the sounding of any horn, siren or othor warning device utilized by an emergency vehicle in the performance of its functions or duties. (3) The provisiohs of this Ordinance shall not be applicable to the normal use of churches, schools, athletic fields and auditoriums, but this exception shall not be construed as to authorize the use of churches, schools, athletic fields and auditoriums to the annoyance and discomfort of the neighborhood of such places.' Officially sanc- tioned boat or motor racing activities at recognized locations'will also be exempt from the provisions of this Ordinance when such acti- vities are carried out during daylight hours. (p) Right to Appeal. Any person agrieved by the administration' of this Ordinance may appeal the decision by..the Zoning Official in accordance with Sections 28-16, 28-17 and 28-18 of the Code of Collier County, Florida. (q) Persons Responsible. The owner of property, a tenant, a lessee, a manager, an overseer, an agent, an operator, or any other person or persons entitled to lawfully possess, or in actual possession of such property device or machine creating, or from which noise is created at the particular time involved shall each be responsible. for operating or maintaining such premises, device, or equipment in compliance with this Ordinance and shall be punished whether or not the person actually caused such noise is also punished. (r) Penalty and Enforcement. (1) The Sheriff of Collier County, Florida is authorized by law and is hereby delegated the responsibility'to enforce the provisions of '~hls Ordinance upon a signed Affidavit bM two (2) or more witnesses set:ting forth the facts of the violation that are willing, and able to testify to such facts. (2) Any person aware of a condition which he reasonably be- lieves constitutes a violation of any provision of this Ordinance may initiate action by appearing before the State's Attorney or the Judge of the County Court and filing a sworn Affidavit setting forth with particularity the details and circumstances of such condition. (3) A finding or plea or guilty, or nolo contenders for violation of this Ordinance shall in imposition of a misdemeanor penalty in accordance with Section 125.69 of the Florida Statutes. (4) Upon conviction of being in violation of this Ordinance three times for the same, or a similar, offense within a twelve- month per~od, when such noise is created by the same, or similar noise emit%er, the noise creating equipment shall be confiscated upon such later conviction until such time as the offender demon- strates that he is prepared to, and, in fact, will operate said equipment within the limits of this Ordinance. Further violation shall result in the permanent confiscation by the Court upon such conviction. (s) It is the intention of the County Commission that each sepprate provision of this Ordinance shall be deemed independent of all.other provisions herein, and it is further the intention of the Board of County Commissioners that if any provisions of this Ordinance be declared to be invalid, all other provisions thereof shall remain valid and enforceable. (t) This Ordinance shallttake effect upon its passage and as provided by law. BOARD OF COUNTY COMMISSIONERS ST: ' / / ..... .,~,~ ¥- "- Date , A/ ''-~ "" C~,~ "" .'., ~..' :,.. '~, ,. ,,,"'.[',r,,".. APPROVED AS TO FORM AND LEGALITY: ~ :~ ,~/~:'?~.?~,.~,: '.~ :~. David ~erson Bruner ,. . ~ ~i~/t'.';,~..~.: ~tJ .j/ Collier. County Attorney ', ~ '~ ' 2~, '~,~.,,t' ',' % .' , . ,. ',~ .~'~', ~ ~ ~: