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