Ordinance 2000-068F~~i~RD ORDINANCE NO. 2000- 6.._~.8
RDINANCE AMENDING ORDINANCE NO. 90-17, THE COLLIER
TY NOISE ORDINANCE, AS AMENDED; AMENDS PROVISIONS
ING TESTING EQUIPMENT AND TESTING PROCEDURES;
AMENDS SOME TABLE I, A-WEIGHTED SOUND LEVELS; ADDS
TABLE II - OCTAVE BAND MAXIMUM SOUND LEVELS; ADDS
VIBRATION STANDARDS; AMENDS CORRECTIONS FOR
CHARACTER OF SOUND PROVISIONS; AMENDS PROVISIONS
REGARDING MULTI-FAMILY DWELLING BUILDINGS; AMENDS
PROVISIONS REGARDING MUSIC AND AMPLIFIED SOUNDS FROM
UNENCLOSED AREAS; EXEMPTS AUTHORIZED ACTIVITIES AT
SCHOOL GROUNDS, PARKS AND PLAYGROUNDS; DOES NOT
SPECIFY SOUND LIMITS APPLICABLE TO FUTURE RACEWAY
FACILITIES AT THE IMMOKALEE REGIONAL AIRPORT; PROVIDES
FOR PRESERVATION OF OTHER REMEDIES; DELETES
PROVISIONS THAT REQUIRED ANNUAL PERMITS FOR AMPLIFIED
SOUNDS FROM ENCLOSED AREAS; ADDS COMPLIANCE
REQUIREMENTS FOR SPECIFIED BUSINESSES THAT WERE
ENCROACHED UPON BY RESIDENTIAL DEVELOPMENT OR
ZONING PRIOR TO FEBRUARY 23, 1990; AMENDS COMMUNITY
EVENT PERMIT PROVISIONS; PROVIDES FOR CONFLICT AND
SEVERABILITY; PROVIDES FOR INCLUSION INTO THE CODE OF
LAWS AND ORDINANCES; PROVIDES A DELAYED EFFECTIVE
DATE OF JANUARY 1, 2001.
WHEREAS, it is hereby declared to be the public pohcy of Collier County th~t~every~
person is entitled to sound levels that are not detrimental to life, health and enjoyment
her property. It is also hereby declared that the making, creation or maintenance, wlthj. n~
unincorporated Collier County, of sounds in excess of the maximum levels at ~ound-~tYec~ed]
locations as specified in this Ordinance, negatively affects health, comfort, conv~ence~jafe~
welfare and prosperity of people in the County; and -- ~ --
WHEREAS, it is in the best interests of the public health, safety and welfare that
continuous, intermittent, impulsive and/or other man-made sounds generated by commercial,
industrial, and/or manufacturing activities, operations, processes, plants and facilities shall no
longer be distinguished as to sound-affected locations that are within 1,000 feet of any property
in residential or tourist residential use or zoning because the 1,000 foot distance separation is not
relevant, including to determine where annual permits are required for live performances and/or
amplified sounds emanating from non-enclosed areas; and
WHEREAS, with regard to sound emitted from commercial, industrial and/or
manufacturing sites or activities, Ordinance No. 90-17, as amended, has not heretofore taken into
account the characteristics of nine octave bands, although the offending characteristics of sotrods
vary according to the frequency range of the respective offending sounds; and
WHEREAS, it is hereby determined that it is in the best interests of the public health,
safety and welfare that potentially violating sounds be tested by octave band analysis pursuant to
a new Table II being added to this Ordinance; and
WHEREAS, it is hereby determined that it is in the best interests of the public health,
safety, and welfare to prohibit at residential and tourist residential sites and units, specified
vibrations emanating from commercial, industrial and/or manufacturing operations, activities or
facilities; and
WHEREAS, Section Seven of Ordinance No. 90-17, which applied to amplified sounds
from enclosed areas, and which provisions are redundant of most of the newly amended
provisions in Subsection F of Part SIX, is being deleted; and
WHEREAS, each business that was encroached upon by residential use or residential
zoning prior to February 23, 1990, and the business can comply with specified criteria certified to
by a qualified acoustical engineer, including making full good faith efforts to attempt to comply
with all sound level provisions of this Ordinance, and sounds emanating from now existing
facilities and processes at the respective business shall not at any time exceed each applicable
maximum Table II octave band sound level by more than two (2) decibels unweighted, will be
deemed to comply with this Ordinance. New facilities and processes must comply with the
Ordinance without adjustments.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE. AMENDMENTS TO SECTION SIX OF COLLIER COUNTY
ORDINANCE NO. 90-17, AS AMENDED. Section SIX of Collier County Ordinance No. 90-
17, as amended, is hereby amended to read as follows:
SECTION SIX. MAXIMUM PERMISSIBLE SOUND LEVELS.
Classification or Use Occupancy. For the purposes of defining "use occupancy"
in the Ordinance, the following classifications shall apply.
All premises containing habitually occupied sleeping quarters shall be
considered residential use.
Premises containing transient commercial sleeping quarters shall be
considered tourist use.
All premises containing business where sales, professional, or other
commercial use is legally permitted shall be considered commercial use.
All premises where manufacturing is legally permitted shall be considered
manufacturing use.
Nursing homes, hospitals, schools, libraries and church uses shall be
considered residential uses.
Legally permitted use(s) of the site or unit shall supersede the zoning
~la~sification of the site or unit and ta in cases of multiple uses, the mere
~"' .....shall ~
most restrictive actual lawfully permitted use ....~,v.j
supersede and control the zoning classification applicable to that site or
unit.
Each 3.:3' a-ca site or unit not otherwise classified i~s_[o_z..ojling_shall
conform to commercial sound-level standards.
Maximum Permissible Sound ~ Levels by ~
~ Use Occupancy.
No sound shall violate any sound standard provision of this Ordinance unless the
offending sound exceeds the then existing ambient sound level by at least five (5)
dBA for Table I. or five (5) decibels unweighted for Table II. at the sound-
affected site or unit. The Board. by Resolution(s). after pubic hearing thereon.
may make. adopt. amend and repeal rules and administrative orders to implem~llt,
administer and enforce this Ordinance. No person shall operate, or cause or suffer
to be operated any source of sound from any use occupancy in such a manner as
to create a sound level. after applicable character of sound adjustments. if any.
which exceeds the limits set forth for the use occupancy category in Table lor
Table II for any minimum hart of - '~'~ ^r .... a... · ........ , f y
measurement period, which measurement period shall not be less than sixty (60)
seconds. Sounds should be ,,rhea measured at or beyond the property boundary
line of the site or unit !and from which the sound emanates, or aLail.y_aimm~
affected site(s) or unit(s] that the tester deems to be most appropriate. and which
2
Words underlined are added; words :-"'":!::n ~hr.~::gk are deleted.
should usually be at a distance _creater than fifty (50) feet from the sound source
unless there is valid reason for testing at a closer distance. "Real property line (or
bounda~_ Y' means an imaginary_ line along the ~ound surface. and its vertical
extension. which seperates real property owned by one owner from real property_
owned by another owner. but does not include intra-building divisions. Test
equipment shall be placed at a height at least three (3) feet above the ~ound and
at least four and one-half (4 I/2) feet away from walls. barriers. obstructions and
any other sunnd-reflecting surfaces that might destroy the validity of the test
measurements. Wind barriers should be used when appropriate. If the
investigation is based upon a complaint. the testing equipment should be located
as close as possible to the sound-affected site or unit from which the complaint
originated. All times are standard or daylight savings as applicable. The
standard(s) to be applied shall be the standard(s) and/or table(s) that result in the
lowest sound level(s) that violate this Ordinance. Equipment testing shall include
octave band analysis. An "octave band" is a range of sound frequencies divided
into nine (9) octave bands to classify_ sounds according to pitch (frequency). If the
measured difference between the applicable ambient sounds and the possibly
violating sound levels is five (5) dBA or unweighted decibels. each possibly
violating sound level shall be reduced by two (2) dBA or unweighted decibels. If
the measured difference is six (6) to eight (8) dBA or unweighted decibels. the
possibly violating sound level readings shall be reduced by one (1) dB& or
unweighted decibel. If such measured difference is nine (9~ or more dBA or
0nweighted decibels. the possibly violating sound reading should not be adjusted
based upon the difference. No person shall hinder. obstruct. delay. resist. prevent
in any way. interfere with. or attempt to interfere with any authorized person
while he or she is in the performance of duties pursuant to this Ordinance.
TABLE I
Zoning/Use Occ~a.~:' Sound Level
.... ~v.~ at the 1ocatton of the Time gfD_glLox_Hight Limit
Sound-a_ffected Site or Unit (dBA)
Residential 7:00 a.m. to 10:00 p.m. 60
After I0:00 p.m. to 6:59 a.m. 55
occ~anc.~ ....... ' ..........t-
Commercial or tourist 7:00 a.m. to 10:00 p.m. 65
After 10:00 p.m. to 6:59 a.m. 60
Manufacturing or industrial At all times 75
or to ............ t-
Aghcultural Zoning At all times 75
2. Table II. below. applies to all sound-affected sites/units. The required five (5)-decibel
difference between the ambient sound level and the offending sound applies to every_ octave
band. Table II applies to sounds emitted from any single residential. tourist residential.
commercial. industrial. and/or manufacturing operation. activity. process. plant or facility.. or any
combination(s) thereof. Provided the offending Table I sound level exceeds the ambient sound
3
Words ~ are added, words ............. ~,.. are deleted.
level by at least five (5) dBA. or exceeds by five (5) decibels unweighted any of the maximum
applicable sound level in any octave band in Table II. it is a violation of this Ordinance when any
such sound is caused or suffered by any such non-exempt activity. facility. entity. plant
operation. or process. by applying the following standards. as may be applicable: ANSI
Standards: S 1.1 - 1994 (ASA 1 l l) (Acoustical terminology: Definitions of technical terms not
defined herein shall be obtained from the then current version of the American Standard
Acoustical Terminology published by the American National Standards Institute. Inc. in SI-1 or
its then current successor in function): S-1.4-1983 (ASA 47~ (Specifications for sound level
meters): ANSI S 1.4A-1985 (Amendments to S 1.4-1983): ANSI S 1.6-1984 (1990) (ASA 53}
(Standard preferred frequencies. frequency levels and band numbers for acoustical
measurements~: ANSI S 1.11 - 1986 (R1993) (ASA 65) Specifications for octave-band and
fractional-octave band analog and digital filters): S 1.12 - 1967. (R1986) (Specifications for
laboratory. standard microphones~: ANSI S 1.13-1971 (R1986) (Measurement of sound pressure
levels): ANSI S 12.4 1986 (R1993) (ASA 630) (Assessment of high-energy impulse sounds with
respect to residential communities): ANSI S 12.7 1985 (R1993) (ASA 62) (Measuring impulse
noise): ANSI S 12.9-1988/Part 1. IR1993) (ASA 76) (Environmental sounds. Part 1): ANSI S
12.9 - 1992/Part 2 (ASA 105) Environmental sounds - Part 2. and measurement of longq~rm.
wide-area sound): ANSI S 12.9-1992/Part 3 (ASA 109) (Environmental sound. Part 3. short-term
measurement with an observer presentl: ANSI S 12.18-1994 (ASA 110) (Outdoor measurement
of sound pressure levels~: ANSI S 12.40-1990 (ASA 88) (Descriptors for determination of
compatibility land use - revision of ANSI S3.32-1980~. Because these standards (and/or the
vibration standards) will be up-dated from time-to-time. such standards may be up-dated by
Resolutions of the Board of County Commissioners after public hearing thereon. including the
Summary_ Agenda Process. Applying Table II. the nighttime hours are each day from 10:00 p.m.
until 7:00 a.m. the following morning except as otherwise expressly specified in this Ordinance.
Unless provided otherwise. each such sound that tests in excess of any such sound-affected site-
specific applicable resultant value. after applying all applicable site-specific impulse sound
and/or pure tone (character of sound) adjustments. shall be a violation of this Ordinance.
Maximum Unweighted Sound Pressure Levels
(in unweighted) decibels - Day and Night Steady Sound
Octave Manu£acturine.
Band Tourist or -
Center ~ Industrial. or
Frea. Unit ' ' ,tgrJ. C_tilllO~
Unit Site or Unit
in Hertr. J
31.5 Day 69 - Night 64 Day74- Night 69 84
63 Day 69 - Night 64 Day 74 - Night 69 84
125 Day 66 - Night 61 Day71- Night 66 81
250 Day 62 - Night 57 Day 67 - Night 62 77
500 Day 58 - Night 53 Day 63 - Night 58 73
1000 Day 53 - Night 48 Day58- Night 53 68
2000 Day 49 - Night 44 Day 54 - Night 49 64
4000 Day 46 - Night 41 Day 51 - Night 46 61
8000 Day 42 - Night 37 Day 47 - Night 42 57
DBA 60 55 65 60 75
The dBA mw is for comparison pure_ oses only,
4
Words underlined are added; words :_'2:.:::'. _'.:m:g.. are deleted.
Refer to "Correction for Character of Sound" in subsection (3) (C). below.
3. Vibrations Emanating from Commercial. Industrial. or Manufacturing Facility..
These are not sound limits. These standards apply throughout unincom_ orated Collier County_. A
vibration is an oscillatory motion of solid bodies described by displacement. velocity or
acceleration with reference to a given reference point. It is a violation of this Ordinance to
operate. permit. or suffer operation or use of any industrial. manufacturing and/or commercial
device. facility. operation. or process that causes any vibrations which exceed the applicable
displacement(s) in inches specified in Table III. below. at the property bounda~_ off or within-
any vibration-affected site or unit in residential or tourist residential use or zoning anywhere in
unincom. orated Collier County. Steady State Vibrations are continuous or occur in discrete
pulses more frequently than one hundred (100~ impulses per minute. Discrete pulses that do not
exceed one hundred (100) impulses per minute must not cause displacement in excess of twice
the applicable value(s) in Table III. Impact vibrations occur in discrete pulses which are
separated by a time interval of at least one (D minute and which occur no more than eight (8)
times in any twen _ty-four (24) hour period. These vibration regulations do not apply to activities
conducted pursuant to. and to the extent authorized by. blasting permit(s) issued by Collier
County or by any other govemmental agency that then has superseding authority to issue the
respective blasting permit(s).
Frequency of Steady State
Vibration Displacement
Cycles Per Second. Inches
Inches
Less than 10 .0004 Less than 10 ,0006
10 through 19 .0002 10 through 19 .0003
20 through 29 .0001 20 through 29 ,0002
30 through 39 .0001 30 through 39 .0001
40 through 49 .0001 40 through 49 .000[
50 and over .0001 50 and over .0001
The following standards shall be used. as a_nplicable. to measure vibrations: ISO-
2631-1 (Mechanical vibration and shock - evaluation of human exposure to whole body
Vileration): ANSI S 2.2-1959 (R 1990) (Calibration of shock and vibration pickups):
ANSI S 2.61 - 1989 (ASA 78~ (Mechanical mounting of accelerometers): ANSI S 24.21
- 1957 0~1989) (Characteristics of shock and vibration measurements). A three (3)
component measuring system shall be used to measure vibrations. The testing system
should measure earth bome vibrations in three (3) directions. each of which occur at right
Ce
Correction for Character of Sound.
............ r ..... ~ '"~':~'~ emit: Steadv Pure Tone. For each sound
Fcr -.j ..................... _
that is a steady pure tone, the applicable maximum sound level limits set
forth in Table I and Table II shall be reduced by five 1~5~ decibels d~ at
sound-affected sites/units in residential use or zoning.
Nun-repetitive Impulsive Sound. For any 6ou~ non-repetitiv0
impulsive sound (up to five impulses in an hour) t~at !z :f zh*~ d=r;tion
· ,,;*~ ~- ~' ......... the maximran sound level limits set forth in Table I
and Table II shall be increased by ten (102 ~ d~ from 7:00 a.m. to
10:00 p.m.
5
Words underlined are added; words :-'.':_::: _:z=::g.. are deleted.
D. Multifamily Dwellings. !n +..I.= .... ~ ~,,1+: C~:1.. ~..,~11: ..... ;+~ ;+ ~1~11
................... e .........j ..................u = ...................a.m.
subsection shall not applF ff the so~nd-a~ect~d site/.nit and the so~c~ o~ tho so~d c~
ro~lat~ bF tho samo m~aD~ment. includinD by r~s~ctive coronet. le~c. condominium
~99umont or ~ othor ~1~ or regulation that purees to bc cn~orc~ah]o by the
a~ainst the violator. whether or not enforced. This subsection applies only to so~nds
mo~urcd within a multff~ilF rosidoncc dwcllinD unit (occ.pied in whole or in p~ as th~
tompora~ or pop.ant rosi~nco o~ one or more na~ra] persons) in rosi~ontia]. to~st
residential. or commorcial .s~ or zoninD and tho buildlaD contains ~o (2~ or more such
units. It shah bca violation of this Ordin~co to om~ate ~y sound. incl.dinD ~om
live poffo~co music. or amplified sound. that. wh~ m~asur~d insido such a multifamilF
dw~llinD ~nit in residential. or tourist residential ~s~ or zoninD. exceeds 5~ ~BA
beacon the da~imc ho~ o~ 7:00 a.m. to 10:00 p.m.. or oxcoods 45 dBA ~imc b~oen
niDhttimo hours o~ 10:00 p.m. and 7:00 a.m. "~a~omont" incl~cs landowner. l~1ord.
rosidont m~a~r. condominium association. or ~y oth~r subst~tially simil~ individual
or entity that h~ a~thodty to con~ol tho respective sound(s). "~uipm~nt" includos. b~t is not
limited to. air con~itionin~ unit. hcatin~ unit. p.mp. ~. utilitF ~acilitF. and ~F other
subst~tially simil~ item. lnrDo or small. commercial or non-commercial. whether or not a
fixture. within. adjacent to. or associated with th~ multff~fiy buiidin~ comprised o~ ~o (2) or
more residence dwelling units.
E. Constrnetion ~ Nz~:z. No pemon shall opiate or p~it to be opmted
~y power ~ven cons~ction equipment without a muffler or o~er nziaz so~d reduction
device at least ~ effective as that reco~ended by the m~ufac~er or provided as original
equipment. Construction equipment that must be operated ne~ a residentially zoned ~ea on a
24-ho~ per day b~is (i.e., pumps, well tips, generators, etc.) shall be shielded by a b~er to
reduce ~e sound ~;
.... :e during the ho~s of 6:00 p.m. to 7:00 a.m. ~less the ~shielded so~d
~ level is less th~ 55 dBA measured at or inside of the closest ~ accessible for testing
sound-affected residentially zoned or used prope~y~ ~
F. Annual Permit for ~ .....
....... r ......~ Music ~
Sound at Commercial or Tourist Commercial Sites t ......... ~a ........ :'~ ~ nan
~e ~ n~:~"~ ~ ~ ............ *--~ Sounds to Aflraet Attention to a Performance.
1. Exceut as othe~ise exemnted bv this Ordin~ce. no ~-' pemon shall
cause, causing er allow~ ~ ~ or suffer live perfomane~
music or raplifted sounds to em~ate ~om or~ nonenclosed gea within
a commercial or tourist use occup~cy or zone
~ before s~a!! obtaiff~ ~om the Co~ty ~ ~ual petit
in accord~ce with th~ ~-a:+: ........ :~ :- subsection 3. below. cf
~. No a~ual petit shall be issued for live perromance music or
raplifted sound(s~ to m~ate ~om ~y site or unit then in residential use or
zoning. although special events at residential sites may be eligible for communi~
event petits authorized in this Ordinate.
2. ~ ~ music ~ emmating
~om ~ a nonenclosed r .....~:~u .......~ -~;+: ......:'~11
~ea ...........~ ......r ...........n .....sha
not exceed ~ ~h~ applicable da~ime levels be~een the hours of 9:00 a.m.
~d 10:00 p.m., ~d shall not exceed ~ th~ ~nplicable nighttime noise levels
be~een th~ hours of 10:01 p.m. ~d 8:59 a.m. when menured out of doors at or
inside the property bound~ of ...0 co~F.~n~t oth~ sites or units in residential
use or zoning. ~ese provisions ~e subject to the exemption in subsection D.
above (multifmily dwelling units under effective control ofm~agemen01
6
Words ~ are added; words :LaS:kex ~.::::gh are deleted.
loc ' ' '
...................... u~,c c, ccu~.nc) .......
valid ~-"' c^. ,,.~ .~-~ .......: ....u:.~ :, ......~,~;.~
& ~ Prior to ~ual petit issu~ce, ~ application shall be filed contdning all
of the following info~ation:
a. N~o ~d ~ address ofapplic~t;
b. Nine ~d ad~ess of business or cstablis~ent where live
p~rfo~ce music ~or mollfled sound will em~ate bz _.~n .... n
~om such nonenclosed area:
e. Description of the applied for nonenclosed ~ea ~d the event~ for
which live perforesee music ~ ~plifi~ so~d will em~ate from ~
~ the ~ually pemitted nonenclosed ~ea: (e.g., di~er ho~,
happy hour, da~ime, ~ evening or weekend ente~aiment. etc.).
d. ~ ~ hours during ~y ~en~-four ho~ period d~ng
which ~ music or raplifted so~d will em~ate. ~
e. Calend~ ye~ for ~ ':.'h!z~ ~ual p~it ~ ~
!99~).
~ ~ Fee for Annual Permit. A foay doll~ ($40.00) fee shall be paid by the applic~t
at ~e time of application for ~ ~ual pemit for costs ~sociat~ wi~ a~inis~ation
~d enforcement. These ~ual peruits mn ~om J~u~ 1 t~ough December 31. ~ere
shall be no pro-ration of the application fee. These ~ual Petit Fees may be ch~ged
~om time-to-time by Resolution(s) of the Bo~d of CounW Commissioners.
~ ~ Violation of Annual Permit for N:= ....r ......~ Music and
~. $~bject to the Multifmily Dwelling Unit "under m~agement
¢xemptions" in subsection D. above. A any person who. or entiW that. causes or allows to
be caused ~ually petitted live perfenice music or ~ually pe~iaed ~plified
sound to em~ate ~om or through ~y a~ually pemitted non-enclosed ~ea ~
lc .................................... =so that exceeds ~y of the st~d~ds of subsection
~ ......ca.nil . -- to ~n.nn - ~ : ........e4n ~BA shall be in violmien of~e ~ual
·
' of JJ ' ' '
~ Each incidence of sound ~' _
n~::* level ~or ne~it time-oLday or other
pemit resffiction violations may .......constRute a s~ate offense as decided ~y the
enforcement foram in the specific case.
~ ~ Enforcement of Annual PermR. Violations of ~e ~ual pemit shall be
enfomed in accord~ce with the provisions of Section Twelve.
~ AUT~O~ZED SCHOOL. PARK OR PLAYGROUND ACTIVITES.
Nothing in this Ordinance is intended to regulate any sounds emanating ~om ~y authorized
pl~y~ound or school spo~ing event. ente~aiment event. or authorzeal event at a public ~r
7
Words underlined are added, words .............~.. are deleted.
private playground or school provided the sounds therefrom conform to the authorization _eranted
by the playground's or the school's management to conduct that event.
H. RACEWAY FACILITIES AND ACTIVITIES AT THE IMMOKALEF,
REGIONAL AIRPORT. This Ordinance shall apply to the existing one-eighth mile drag strip
at the lmmokalee 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 that Aim. ort. If additional raceway facilities are authorized at that
Airport. the sound level standards that shall apply thereto shall be determined bv and during the
permitting processes that authorize such future facilities and/or activities. The Board shall have
filial approval authority of the applicable sound levels after public heating thereon. Those li~W
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 maximum sound levels now
specified in this Ordinance. and shall be determined by and during the permitting processes that
gllthorize such future facilities and/or activities. Such standards shall be described in terms of
A-weighted testing under Table I and by octave band standards under Table II. 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.
L OTHER REMEDIES PRESERVED. No provision of this Ordinance is
intended to disturb the tight 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 then preempted by
Florida or federal law. role or regulation.
SECTION TWO: DELETION OF SECTION SEVEN.
Section Seven of Ordinance No. 90-17 (created by Section Four of Ordinance No. 93-77)
is hereby deleted:
SECTION SEVEN. P. EGLn~AT!ON OF P~PLIFIED SOL~,rD V~TH~I I000 FEET OF
8
Words underlined are added, words ............t,-- are deleted.
SECTION THREE: AMENDMENTS TO SUBSECTION (N) OF SECTION SEVEN, AS
PREVIOUSLY AMENDED AND PREVIOUSLY RENUMBERED
TO BE SUBSECTION M OF SECTION EIGHT.
Subsection N of Section Seven of Ordinance No. 90-17, "Exceptions" (as amended and
renumbered by Ordinance No. 93-77 to be subsection M of Section Eight (codified as subsection
(13) of $cc. 54-87 of the Code of Laws and Ordinances) is hereby amended to delete the former
grandfathering provisions, and to add in lieu thereof compliance provisions, as follows:
M. Compliance Provisions~ In those instances where an industry or commercial
business had i~ prior I~ yea.": established its place of business in an area
removed from residential zone and subsequently through encroachment of residential
9
Words ~ are added, words ............ ~,- are deleted.
development or rezoning, became immediately adjacent to a residential zone, ~
u~;,~ ~ ....:~.~..~+.4~ ' I ~:~.~ ~.~n .~ .... ~ ~'~ h b i sh II
....................... crcc. mmcrzlC. u:,=, ~ -rv ......., .......rr-a ......sucus ness a
no.: be required to meet ~:omnlv with :~cc, c all sound level hmtts ......ocncoo .....r-
above. facilities and processes existing at the business site as of January 1. 2001 shall be deemed
to be in full compliance with this Ordinance provided the respective business complies with the
following:
L An engineer with expertise in the sub,iect matter area of acoustical
engineering and licensed to provide such services in Florida. is retained by the
business to conduct. and does conduct. a thorough acoustical analysis of the
relevant noise producing operations of the business: and
2. A timetable (for commencement and completion of the en~neer's
proposed sound reduction plan is to be undertaken by the business] is presented to
the County's Director of Code Enforcement. who is hereby authorized to ascertaill
(with or without assistance of an acoustical engineering finn retained bv the
Coun_ty) whether the proposed remedial measures and timetable appear to be
adequate and reasonable. If approved to be reasonable bv the Director. the
Director shall monitor the approved plan and timetable to confirm timely
completion of the plan: and
3. Based upon the engineering analysis. the business. by expending money
and/or taking other remedial measures. makes a good faith effort to attempt to
comply fully with the applicable maximum noise levels as measured at
representative residential noise affected sites and/or units. and the remedial
measures bring the offending noise levels toward compliance with the maximum
sound levels. and after completion of the plan's sound reduction measures. the
~0und levels do not exceed any applicable maximum sound level specified in this
Ordinance by more than two (2) decibels: and
4. In the professional _iud_mnent of the business' retained acoustical engineer.
expenditure of additional money or other resources. or taking other remedial
measures to attempt to further reduce the levels of any such sounds is unlikely to
result in any meaningful further reduction in any of the sound levels then
¢manating from the business.
5. Compliance with the above four subparagraphs shall conclusively
establish that if the County should require any further expenditure of money or the
toking of any other remedial measures will thereby impose an undue economic
burden upon that business. Undue economic burden includes monetary. losses
projected to result from requiring the business to comply more fully with the
annlicable maximum sound levels. including. but not necessarily limited to.
cessation or any reduction of the business' hours of operating during any 24 hour
period.
SECTION FOUR: AMENDMENT OF SUBSECTION 3 OF SECTION NINE, AS
AMENDED.
Subsection (3) of Section Nine of Ordinance No. 90-17, "Community Event Permits" (as
amended by Section Six of Ordinance No. 93-77) and which is codified as subsection (3) of Sec.
54-88 of the Code of Laws and Ordinances, is hereby amended to read as follows:
"(3).Community event permits issued hereunder for entertainment events~g_p~i~
entertainment events other then at parks. playgrounds or school property: concerts. in-
street events. fireworks displays. and substantially similar events may be granted subject
to -.:n~cr the following conditions:
a. The .........event must be open to the public (admission may be charged);
b. The permit -':"
....... ~ .........j can authorize the entertainment event tO
function for up to sixteen f:::r hours in a one 24-hour day; and
10
Words underlined are added; words ............~,_ are deleted.
c. The entertainment event itself may function mur, t--b~tag~ only between
the hours of 9:00 8:00 a.m. and ' n.^t~ · · ,,
..... m~dmght.
SECTION FIVE. CONFLICT AND SEVERABILITY.
The provisions of this Ordinance shall be liberally construed to effectively carry out its
purposes in the interests of public health, safety, welfare, and convenience. In the event this
Ordinance conflicts with any other ordinance of Collier County, this Ordinance shall prevail. If
any section, phrase, sentence or portion of this Ordinance is for any reason held invalid or
uncunstitutional 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 portions thereof.
SECTION SIX. INCLUSION IN THE CODE OF LAWS AND ORDINANCES.
The provisions of this Ordinance shall become and be made a part of the Code of Laws
and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or
relettered to accomplish such, and the word "ordinance" may be changed to "section", "article",
or any other appropriate word.
SECTION SEVEN. EFFECTIVE DATE - DELAYED.
This Ordinance shall become effective on the 1s' day of January 2001, subject to being
filed with Florida's Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
oTn/-,',',',',',',',t~ day of (2~)O~;g.t,~ ,2000.
CLERK
Clerk
Chairman'S
Approved as to form
and l¢§al sufficiency:
Thomas C. Palmer
Assistant ~o~ty Attorney
BOARD OF COUNTY COMlVIISSIONERS
COLLIER C~A.
By: ~
JAMES.. CARTER, Ph.D., CHAIRMAN
This ordinance filed with the
Secretary of State's Office the
[~-~ day of ~b'~._,
and acknowledgemerrt of that
filing received ~his ~- day
Deputy
11
Words underlined are added; words :_~:.::.-. _::m:g.. are deleted.
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 copy of:
ORDINANCE NO. 2000-68
Which was adopted by the Board of County Commissi~ners-onl
the 24th day of October, 2000, durin~ Regular Session.
WITNESS my hand and the official seal of the Boar~f
County Commissioners of Collier County, Florida, this 31st day
of October, 2000.
DWIGHT E. BROCK
Clerk of Courts and'C~
Ex-officio to Board.
County Commissioner~ .' :'
By: Ellie Hoffman, "-,
Deputy Clerk !~ .~