Backup Documents 12/16/2008 Item # 8A
COLLIER COUNTY FLORIDA
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS
'it
'+:Y
r 8A~.'d 1
To: Clerk to the Board: Please place the following as a:
o Normal legal Advertisement ~ Other: 2 col. X 10" display ad
(Display Adv., location, etc.)
*****.****************.**.********************************************************************************
Originating Dept! Div: CAO/Code Enforcement
Person: Jeff Wright
Date: November 21,2008
Petition No. (If none, give brief description): Amending Noise Ordinance for the Code of Laws and Ordinances
Petitioner: (Name & Address): County Attorney's Office/Code Enforcement
Name & Address or any person(s) to be notified by Clerk's Office: (Urnare space is needed, attach separate sheet) Jeff Wright, Assistant
County Attorney
Hearing before X Bce
BZA
Other
Requested Hearing date: (Based on advertisement appearing to days before hearing. Bee on Tuesday, December 16, 2008
Newspaper(s) to be used: (Complete only if important);
IZI Naples Daily News
o Other
o Legally Required
Proposed Text: (Include legal description & common location & Size: AN ORDINANCE OF THE COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 90-17, THE COLLIER COUNTY NOISE CONTROL
ORDINANCE, AS PREVIOUSLY AMENDED AND CODIFIED IN CHAPTER 54, ARTICLE IV OF THE CODE or LA WS AND
ORDINANCES FOR COLLIER COUNTY, BY AMENDING SECTION FOUR, PROHIHITIONS; BY AMENDING SECTION FIVE,
DEFINITIONS; BY AMENDING SECTION SIX, MAXIMUM PERMISSIBLE SOUND LEVELS; BY AMENDING SECTION SEVEN,
EXCEPTIONS; BY AMENDING SECTION EIGHT, COMMUNITY EVENT PERMITS; BY AMENDING SECTION NINE, WAIVERS;
BY AMENDING SECTION TEN, RIGHT TO APPEAL; BY AMENDING SECTION ELEVEN, VIOLATIONS, PENALTIES,
ENFORCEMENT; BY AMENDING SECTION THIRTEEN, USE OF LOUDSPEAKERS; BY AMENDING THE SECTION ENTITLED,
NOISE VIOLATIONS THAT DO NOT REQUIRE USE OF TESTING EQUIPMENT; PROVIDING FOR INCLUSION IN THE CODE
OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
Companion petition(s), if any & proposed hearing date: Tuesday, December 16,2008
Does Petition Fee include advertising cost? 0 Yes 0 No If Yes, what account should be charged for advertising costs: 4500096189 for
Account Number 068779
II ~/03
Date
List Attachments:
DISTRIBUTION INSTRUCTIONS
A. For hearings before Bee or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting
to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is
submitted to County Attorney before submitting to County Manager. The Managef"'s office will distribute copies:
o County Manager agenda file; to
Clerk'5 Office
o Requesting Division
D Original
B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file.
****************************..*****.******.******.**************.*.**...***.************.......***...**....
FOR CLERK'S OFFICE USE O~:-r~ J I ^ "" . n '" -' ,,00 n I ~ J ?lCY
Date Received: ~ Date o[Public hearing: ~ Date Advertised: ~C>
PUBLIC NOTICE
PUBLIC NOTICE
PUBLIC NOTICE
SAI
i
-I
Collier County
BOARD OF COUNTY COMMISIONERS
Tuesday, December 16,2008 at 9:00 a.m.
AMENDMENT TO THE CODE OF LAWS AND ORDINANCES
Notice is hereby given that on Tuesday, December 16, 2008 at 9:00 A.M., in the Board of County
Commissioners Meeting Room, 3" Floor, Building "F," COllier County Government Center, 3301 East
Tamiami Trail, Naples, Florida. The Collier County Board of County Commissioners, at its regular
meeting, proposes to take under advisement amendment to the Collier County Noise Ordinance, the title
of which is as fOllows:
AN ORDINANCE OF THE COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
AMENDING ORDINANCE NUMBER 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 FOR COLLIER COUNTY, BY AMENDING
SECTION FOUR, PROHIBITIONS; BY AMENDING SECTION FIVE, DEFINITIONS; BY
AMENDING SECTION SIX, MAXIMUM PERMISSIBLE SOUND LEVELS; BY AMENDING
SECTION SEVEN, EXCEPTIONS; BY AMENDING SECTION EIGHT, COMMUNITY EVENT
PERMITS; BY AMENDING SECTION NINE, WAIVERS; BY AMENDING SECTION TEN,
RIGHT TO APPEAL; BY AMENDING SECTION ELEVEN, VIOLATIONS, PENALTIES,
ENFORCEMENT; BY AMENDING SECTION THIRTEEN, USE OF LOUDSPEAKERS; BY
AMENDING THE SECTION ENTITLED, NOISE VIOLATIONS THAT DO NOT REQUIRE USE
OF TESTING EQUIPMENT; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND
ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR
AN EFFECTIVE DATE,
All interested parties are invited to appear and be heard. Copies of the proposed ordinance are available
for public inspection in the Zoning and Land Development Review Section, Community Development and
Environmental Services Center, 2800 N. Horseshoe Drive, Naples, Florida, between the hours of 8:00
A.M. and 5:00 P.M, Monday through Friday.
CelU.C""
"I\l.I~.
If a person decides to appeal any decision made by the
COllier County Board of County Commissioners with
respect to any matter considered at such meeting or
hearing, they will need a record of the proceedings, and
for such purpose, may need to ensure that a verbatim
record of the proceedings is made, which record
includes the testimony and evidence upon which the
appeal is to be based.
.
\
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
TOM HENNING, CHAIR
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NDN Account #068779
November21,2008
Legals
Naples Daily News
1075 Central Avenue
Naples, Florida 34102
Re: Ordinance Amending the Noise Ordinance for the Code of Laws and
Ordinances (Display Ad w/map 2XIO)
Dear Legals:
Please advertise the above referenced notice on Friday, December 5, 2008 and kindly
send the Affidavit of Publication, in duplicate, together with charges involved to this
office.
Thank you.
Sincerely,
Martha Vergara,
Deputy Clerk
P.o. # 4500096189
PUBLIC NOTICE
PUBLIC NOTICE
PUBLIC NOTICE
'SA
Collier County
BOARD OF COUNTY COMMISIONERS
Tuesday, December 16,2008 at 9:00 a.m.
AMENDMENT TO THE CODE OF LAWS AND ORDINANCES
Notice is hereby given that on Tuesday, December 16, 2008 at 9:00 A.M., in the Board of County
Commissioners Meeting Room, 3" Floor, Building "F," Collier County Government Center, 3301 East
Tamiami Trail, Naples, Florida. The Collier County Board of County Commissioners, at its regular
meeting, proposes to take under advisement amendment to the Collier County Noise Ordinance, the title
of which is as follows:
AN ORDINANCE OF THE COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
AMENDING ORDINANCE NUMBER 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 FOR COLLIER COUNTY, BY AMENDING
SECTION FOUR, PROHIBITIONS; BY AMENDING SECTION FIVE, DEFINITIONS; BY
AMENDING SECTION SIX, MAXIMUM PERMISSIBLE SOUND LEVELS; BY AMENDING
SECTION SEVEN, EXCEPTIONS; BY AMENDING SECTION EIGHT, COMMUNITY EVENT
PERMITS; BY AMENDING SECTION NINE, WAIVERS; BY AMENDING SECTION TEN,
RIGHT TO APPEAL; BY AMENDING SECTION ELEVEN, VIOLATIONS, PENALTIES,
ENFORCEMENT; BY AMENDING SECTION THIRTEEN, USE OF LOUDSPEAKERS; BY
AMENDING THE SECTION ENTITLED, NOISE VIOLATIONS THAT DO NOT REQUIRE USE
OF TESTING EQUIPMENT; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND
ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR
AN EFFECTIVE DATE.
All interesled parties are invited to appear and be heard. Copies of the proposed ordinance are available
for public inspection in the Zoning and Land Development Review Section, Community Development and
Environmental Services Center, 2800 N. Horseshoe Drive, Naples, Florida, between the hours of 8:00
A.M. and 5:00 P.M., Monday through Friday.
If you are a person with a disability who needs any
accommodation in order to participate in this proceeding,
you are entitled, at no cost to you, to the provision of
certain assistance. Please contact the Collier County
Facilities Management Department, located at 3301
Tamiami Trail East, Building W, Naples, Florida 34112.
(239) 252-8380. Assisted listening devices for the heating impaired are available in the County
Commissioners' Office.
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Q:\.Advertising\NOTICES\Ord. Amending Ord. 90-17 (Noise Ordinance),doc
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If a person decides to appeal any decision made by the
Collier County Board of County Commissioners with
respect to any matter considered at such meeting or
hearing, they will need a record of the proceedings, and
for such purpose, may need to ensure that a verbatim
record of the proceedings is made, which record
includes the testimony and evidence upon which the
appeal is to be based.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
TOM HENNING, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Martha Vergara, Deputy Clerk
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COLLIER COUNTY FLORIDA
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS
(i)'
, .
'0..0
~8A
To: Clerk to the Board: Please place the following as a:
o Normal legal Advertisement ~ Other: 2 co!. X 10" display ad
(Display Adv.. location, etc.)
**********************************************************************************************************
Originating Deptl Div: CAO/Code Enforcement
Person: Jeff Wright
Date: November 21, 2008
Petition No. (If none, give brief description): Amending Noise Ordinance for the Code of Laws and Ordinances
Petitioner: (Name & Address): County Attorney's Office/Code Enforcement
Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Jeff Wright, Assistant
County Attorney
Hearing before X BCC
BZA
Other
Requested Hearing date: (Based on advertisement appearing 10 days before hearing. Bee on Tuesday, December 16, 2008
Newspaper(s) to be used: (Complete only if important):
IZI Naples Daily News
o Other
o Legally Required
Proposed Text: (Include legal description & common location & Size: AN ORDINANCE OF THE COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 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 FOR COLLIElLCOUNTY, BY AMENDING SECTION FOUR, PROH1B1T10NS; BY AMENDING S~CTION FIVE,
DEFINITIONS; BY AMENDING SECTION SIX, MAXIMUM PERMISSIBLE SOUND LEVELS; BY AMENDING SECTION SEVEN,
EXCEPTIONS; BY AMENDING SECTION EIGHT, COMMUNITY EVENT PERMITS; BY AMENDING SECTION NINE, WAIVERS;
BY AMENDING SECTION TEN, RIGHT TO APPEAL; BY AMENDING SECTION ELEVEN, VIOLATIONS, PENALTIES,
ENFORCEMENT; BY AMENDING SECTION THIRTEEN, USE OF LOUDSPEAKERS; BY AMENDING THE SECTION ENTITLED,
NOISE VIOLATIONS THAT DO NOT REQUIRE USE OF TESTING EQUIPMENT; PROVIDING FOR INCLUSION IN THE CODE
OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
Companion petition(s), if any & proposed hearing date: Tuesday, December 16, 2008
Does Petition Fee include advertising cost? 0 Yes 0 No If Yes, what account should be charged for advertising costs: 4500096189 for
Account Number 068779
Reviewed ~ At...
~Ad"l~tor~r Designee
I..\~..I\ ..,s;
List Attachments:
/I ~/03
Date
DISTRIBUTION INSTRUCTIONS
A. For hearings before Bee or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting
to County Manager. Note: IfIegal document is involved, be sure that any necessary legal review, or request for same, is
submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies:
o County Manager agenda file: to
Clerk's Office
D Requesting Division
o Original
B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file.
***********************************************************************************************************
FOR CLERK'S OFFICE USE ONLY:
Date Received:
Date of Public hearing: ____ Date Advertised:
PUBLIC NOTICE
PUBLIC NOTICE
PUBLIC NOTICE
'SA
Collier County
BOARD OF COUNTY COMMISIONERS
Tuesday, December 16,2008 at 9:00 a.m.
AMENDMENT TO THE CODE OF LAWS AND ORDINANCES
Notice is hereby given that on Tuesday, December 16, 2008 at 9:00 A.M., in the Board of County
Commissioners Meeting Room, 3'. Floor, Building "F," Collier County Government Center, 3301 East
Tamiami Trail, Naples, Florida. The Collier County Board of County Commissioners, at its regular
meeting, proposes to take under advisement amendment to the Collier County Noise Ordinance, the title
of which is as fOllows:
AN ORDINANCE OF THE COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
AMENDING ORDINANCE NUMBER 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 FOR COLLIER COUNTY, BY AMENDING
SECTION FOUR, PROHIBITIONS; BY AMENDING SECTION FIVE, DEFINITIONS; BY
AMENDING SECTION SIX, MAXIMUM PERMISSIBLE SOUND LEVELS; BY AMENDING
SECTION SEVEN, EXCEPTIONS; BY AMENDING SECTION EIGHT, COMMUNITY EVENT
PERMITS; BY AMENDING SECTION NINE, WAIVERS; BY AMENDING SECTION TEN,
RIGHT TO APPEAL; BY AMENDING SECTION ELEVEN, VIOLATIONS, PENALTIES,
ENFORCEMENT; BY AMENDING SECTION THIRTEEN, USE OF LOUDSPEAKERS; BY
AMENDING THE SECTION ENTITLED, NOISE VIOLATIONS THAT DO NOT REQUIRE USE
OF TESTING EQUIPMENT; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND
ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR
AN EFFECTIVE DATE.
All interested parties are invited to appear and be heard. Copies of the proposed ordinance are available
for public inspection in the Zoning and Land Development Review Section, Community Development and
Environmental Services Center, 2800 N. Horseshoe Drive, Naples, Florida, between the hours of 8:00
AM. and 5:00 P.M, Monday through Friday.
\
Call... COUIltg
I=lol'ld. ~
~
If a person decides to appeal any decision made by the
Collier County Board of County Commissioners with
respect to any matter considered at such meeting or
hearing, they will need a record of the proceedings, and
for such purpose, may need to ensure that a verbatim
record of the proceedings is made, which record
includes the testimony and evidence upon which the
appeal is to be based.
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.............
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
TOM HENNING, CHAIR
C:\Documents and Settings\heatherramirez\local Settings\Temporary Internet Files\Content.Outlook\904QFBWQ\BCC AD for DEe 16 2008 MTG.doc
Page I of I
Martha S. Vergara
~ 'SA-
From:
Sent:
To:
Cc:
RamirezHeather [HeatherRamirez@colliergov.net]
Friday, November 21,2008 11 :30 AM
Minutes and Records
FabacherCatherine
Subject: Noise Ordinance Ad
Attachments: Noise Ordinance Legal Ad.pdt; Noise Ordinance 1.pdt; Col18x11.pdt
Please publish this ad in the November 30th newspaper. Also ifpossible let's try and make this ad a
2x lOad. I added the map in case you needed it but it is in the actual ad itself so it is possible it is not
needed.
Heather L. Ramirez
P!,lIlllirlg 'J'echllician
Zoning &. Land Development Review
Ph: (239)-252-2930
l,'ax: (239)-252-6366
c:m;]il: Hc,ltherRam i rcz@colliexgov.net
11124/2008
Page 1 of 1
Martha S. Vergara
18A
From: Martha S. Vergara
Sent: Monday, November 24,20089:19 AM
To: 'legals@naplesnews.com'
Subject: Ordinance Amending Ordinance 90-17 (Display Ad w/map (2x10)
Attachments: Ord.Amending Noise Ordinance.doc; Ord. Amending Ord. 90-17 (Noise Ordinance).doc;
Co1l8x11 (noise ord map for ad).pdf
Legal's,
Here is an Ad to be placed.
PLEASE SEND AN OK WHEN RECEIVED.
Martha Vergara
Deputy Clerk II - BMR
252-7240
11/24/2008
Martha S. Vergara
~8A
From:
Sent:
To:
Subject:
postmaster@collierclerk.com
Monday, November 24,20089:19 AM
Martha S. Vergara
Delivery Status Notification (Relay)
Attachments:
A TT116672.txt; Ordinance Amending Ordinance 90-17 (Display Ad w/map (2x10)
I~..l
~
1<:::--:1
L:.J
ATT116672.lxl
(231 B)
Ordinance
lending Ordinance ~
This is an automatically generated Delivery Status Notification.
Your message has been successfully relayed to the following recipients, but the requested
delivery status notifications may not be generated by the destination.
legals@naplesnews.com
1
Page 1 of 1
Martha S. Vergara
"SA
From: Pagan, Emely [EPagan@Naplesnews.com}
Sent: Monday, November 24, 2008 3:03 PM
To: Martha S. Vergara
Subject: RE: Ordinance Amending Ordinance 90-17 (Display Ad w/map (2x1 0)
OK
From: Martha S, Vergara [mailto:Martha.Vergara@collierclerk.com]
Posted At: Monday, November 24, 2008 9: 19 AM
Posted To: Legals - NON
Conversation: Ordinance Amending Ordinance 90-17 (Display Ad wjmap (2x10)
Subject: Ordinance Amending Ordinance 90-17 (Display Ad wjmap (2x10)
Legal's,
Here is an Ad to be placed.
PLEASE SEND AN OK WHEN RECEIVED.
Martha Vergara
Deputy Clerk II - BMR
252-7240
11/24/2008
NAPLES DAILY NEWS
Published Daily
Naples, FL 34102
Affidavit of Publication
State of Florida
County of Collier
Before the undersigned they serve as the authority, personally
appeared Phil Lewis, who on oath says that he
serves as the Editor oflhe Naples Daily, a daily newspaper
published at Naples, in Collier County, Florida; distributed
in Collier and Lee counties of Florida; that the attached copy
of the advertising, being a
PUBLIC NOTICE
in the matter of PUBLIC NOTICE
was published in said newspaper
on December 5, 2008
] time in the issue
Affiant further says that the said Naples Daily News is a newspaper
published at Naples, in said Collier County, Florida, and that the said
newspaper has heretofore been continuously published in sajd Collier
County, Florida: distributed in Collier and Lee counties of Florida,
each day and has been entered as second class mail matter at the post
office in Naples, in said Collier County, Florida, for a period of ]
year next preceding the first publication of the attached copy of
advertisement; and affiant further says that he has neither paid nor
promised any person, firm or corporation any discount. rehate,
commission or refund for the purpose of securing this adver1isemcnt for
PUbc?i]ai~
( Signature of affiant)
g:f~g!~f:~
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11~r.0'.~\t",
""f,...'
NANCY EVANS
Commission DD 657030
Expires JUlY 18, 2011
,~",i~~ T~,t, T',,\, Fein ir,',J"1nc(' gnn.385-70W
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8A
l'PBUC NOTtCE
",fUBUC NOTICE
CoUierO~rrty
BOARD OF COUNTY COMMISIONERS
Tuesdllv. December 16,~ at 9:00 a.m.
)\M~"QMa;NT JQTHE CODe
Mi' i "".", . "'" '.,' ./ .' '" . ,.' :.,.'..' .", .
'., .. ........ ~J:W...,INArtejl
,. . '. ~
N01I!;e 1!l'i~Qlven that 0T1 'TUeadlW'December 18i 2Oll8 IItIlOO
A.M~ Inllle ~9f County CommlSs!<>ner~ Meeting Flo9m, 3rd F.lOor,
BulldlnQ "F,"~. C(>unty Governm8nt Center, 3301 e881 Tan\Illml
TIlIiI,Napl88, FI~dL The Collier County Eloard of County Commlt8jon-
SfS, at Its regul.,.",881InQ, proposes to talle ~nder advisement amend-
1QIl'\!to~~lilIrP~'Noi88 ~~, lt18 lItIe,ofWhlc:h is.
foiIOWI:, , ". .
',..,Qf_f''''H''TIl!I~~ONEMoVqou;teR
~ ~.AMiNl:HNG ~AI'l(;E N.,." to-t7,
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!IY,$liq1'l&l FOI$,PIt!lI!liJjj1 Mi>,-. tri' ..'
';M~, ,..",.._~~Jr~==~
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~,"""",'''' ./IiIiI"" .',., ,.N_W~VIR8,
!IYA,'!III"''''PON...~t:t<l:~PJW,.; 'V~1Hjil
SIECTIOI\Ilj.E\fI!N. YlOLATIONS. Pl!!fW.T~. Ei\lFORCIlMtN'l\ BY
A....NCI'lIIcTlON THIRTEEN. UIIOF L<>9DSPEAKERI: BV
AMt/IIDINCI' -UCTI08 I!NTlTLtI,'''1! YlOLATIClNll THAT.
DO'N9TJlE~&~.,OF TESTlftllIflUIPtfI!!NT; ~,ING
FQI'I,II'lCW$lQN,'!i TilE COOl OI1Io.4Ws AN/) ORDl~ES;
PI'IOVlDlNCl' FOR CONFLICT AND. S~Bn.ITV; AND .....OvtD.
ING FOlt.ANEFFlCTIVIl DATE. .
AI! in~\8lI partl8s:.are Invll8d to a~ ond be haard. Copies of
the prapo$illI,or'dlriancellT8 available f\ll:,P~t)llc Inspection in the Zon-
Ing and LandOO~~1 Review ..~, tomn1tJnlty Dev.lopment
. an.. E1W~~ Center, 2SGnU ",o.-hoe Drlva"NapI88,
F"'r~.beI_lhe.Iv:>!'flI of &:00 A.M.III\I'I,S/OO P/.I;, MondllY thrOUgh
Frldl\y,
ff a; ~.On decides toeppesl
any ~. made by lt18 CoWer
CoulJll',-Illlard 01 County Comrnls,-
J ~ slonnwith respect to' anY.mat-
, ter ~ at such m~ing or
~+~..J.H_~7'___~ ~:~W;: ;:;o~~~:.
~ ~'l/'!lll: ~ to enS\l,.\ttat a
t ll.,. ' . .L-. -,~ve~"",ord of the proCeedings
,i b' . is m~;~ch record lncIu!leS the
~ ,,,~;:...., . . ': testi~,:8ndJ8Yiclence upoiJ Whtch
\ ,. t , the ~ls 10 be basadlfWU llt8
.!i'~. . aJ'8?i!l!lv.lllh ad~blllly wllq needs
.,,~.,," j any~odationlno~topar-
o . :"; '~'~j~. "",'__" ticipllllliln'thi. proceeding, you llt8
--- '. _' ""c _. _ ..._ _:= entltljjCji ir\- no cost to y""" 10 tl1$
--, -- pro~,:Qf carteln assiStance
Ple...~ '''''',C\>II.... C!>unty Facll.~agl"l'ent D.artmant,
ioca~'" $3pl T~i Tre!1 east, BUil1jlls.~' Napl~, Florida, 34112.
(239) 252.83,80) Assl$lilllllslening devldllS'!t5r'lhe h881lng Implllred"",
available In the COlJOlyComrnissione",''Plflce, .
.BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY,fLORlOA .
TOM HI!NNING, CHAIRMAN
DWIGHT E, llROCl,<, CLERK
er ::k';~ Deputy Clerk
1:7~
,
" I
December 5 2008
MEMORANDUM
Date:
January 13,2009
To:
Jeff Wright, Asst. County Attorney
Office of the County Attorney
From:
Teresa Polaski, Deputy Clerk
Minutes & Records Department
Re:
Validated Ordinance 2008-68
Enclosed please find a copy of the document, as referenced above
(Agenda Item #8A) adopted by the Board of County Commissioners
on Tuesday, December 16, 2008.
The Minutes & Records Department has retained the original document for the
official records of the Board.
If you have any questions, please ca11252-8411.
Thank you
Enclosure
8A
',,/
MEMORANDUM
Date:
January 13, 2009
To:
Larry Lawrence
Property Appraiser
From:
Teresa Polaski, Deputy Clerk
Minutes & Records Department
Re:
Validated Ordinance: 2008-68
Attached, please find one (1) copy of the document referenced above (Agenda
Item #8A), as approved by the Board of County Commissioners on Thursday
December 16, 2008.
If you should have any questions, please call me at 252-8411.
Thank you.
Enclosure
8A
8A
ORDINANCE NO, 2008 _ 68
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 SECTION NINE,
WAIVERS; BY AMENDING SECTION TEN, RIGHT TO APPEAL; BY
AMENDING SECTION ELEVEN, VIOLATIONS, PENALTIES,
ENFORCEMENT; BY AMENDING SECTION THIRTEEN, USE OF
LOUDSPEAKERS; BY AMENDING THE SECTION ENTITLED, NOISE
VIOLATIONS THAT DO NOT REQUIRE USE OF TESTING
EQUIPMENT; PROVIDING FOR INCLUSION IN THE CODE OF LAWS
AND ORDINANCES; PROVIDING FOR CONFLICT AND
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on February 13, 1990, the Board of County Commissioners adopted
Ordinance No. 90-17, known as the "Collier County Noise Control Ordinance," codified as
Chapter 54, Article IV, of the Code of Laws and Ordinances of Collier County, Florida, which
Ordinance subsequently was amended by Ordinance Nos. 93-77, 96-29, 00-68, 04-55, and 07-61;
and
WHEREAS, it remains the public policy of Collier County that every person is entitled to
sound levels that are not detrimental to life, health, and enjoyment of his or her property, and that
the making, creation, or maintenance, within unincorporated Collier County, of sounds in excess
of the maximum levels at sound-affected locations as specified in Ordinance No. 90-17, as
amended, negatively affects health, comfort, convenience, safety, welfare and prosperity of
people in the County; and
WHEREAS, the Board of County Commissioners desires to amend Ordinance No. 90-17,
as previously amended, to better coordinate and facilitate the enforcement of the Collier County
Noise Control Ordinance by the Code Enforcement Department and the Collier County Sheriffs
Office.
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NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that
SECTION ONE:
STATUTORY AUTHORIZATION.
The legislature of the State of Florida has, in Chapter 125, Florida Statutes, delegated to
local governmental units the responsibility to adopt regulations designed to promote the public
health, safety, and general welfare of its citizenry.
SECTION TWO: FINDINGS OF FACT.
The Board of County Commissioners of Collier County, Florida, after a public hearing
with due public notice, has determined that the public health, safety, comfort, good order,
convenience, and general welfare would best be served by the exercise of the power granted to
said Board by said Chapter 125, Florida Statutes, and the adoption of this Ordinance.
SECTION THREE: AMENDMENT TO SECTION FOUR OF ORDINANCE NO. 90-17,
AS AMENDED,
Section Four of Ordinance No. 90-17, as amended, entitled "Prohibitions" is hereby
amended to read as follows:
SECTION FOUR. Prohibitions.
It shall be unlawful, except as expressly permitted herein, to make, cause, or allow the
making of any noise or sound which exceeds the Sound Level limits set forth in this Ordinance.
SECTION FOUR: AMENDMENT TO SECTION FIVE OF ORDINANCE NO. 90-17,
AS AMENDED,
Section Five of Ordinance No. 90-17, as amended, entitled "Definitions" IS hereby
amended to read as follows:
SECTION FIVE. Definitions.
The following words, terms and phrases, when used in this Ordinance, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a different
meamng:
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18A
Agricultural Zone means any geographic area designated for agricultural activities by the
zoning authority having jurisdiction over such area.
Ambient Noise means the all encompassing noise associated with a gIven environment,
being usually a composite of sound from many sources near and far.
Ambient Sound Level means the A-weighted or C-weighted Sound Level of the Ambient
Noise at a given location.
Amplified Sound means use of a public address system, loudspeaker, amplifier or any other
device which electronically or mechanicallv augments the volume of sound. For purposes of
this Ordinance, Amplified Sound does not include Background Music.
ANSI means the American National Standards Institute.
A-Weighted Sound Level dB{A} means the sound pressure level in decibels as measured on
a sS.ound fLevel mMeter using the A-weighte4i!!g network. The level so read is designated
dB(A}.
Backl!round Music means any music or other Sound played in a public or private space
whose main function is to create an atmosphere suitable to a specific occasion, rather than to
be listened to. Background Music shall normally generate Sound Levels no higher than 45
dB(A) at any location on the property where it is being played.
Commercial Zone means any geographic area designated for commercial or professional
activities by the zoning authority having jurisdiction over such area.
Community Event means any cultural, sporting, historical or traditional observance,
holidays and ceremonies, parades and concerts open to the public, including events operated
for profit or for which admission is charged.
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I 8A
Construction means any site preparation, assembly, erection, substantial repair, alteration, or
similar action, but excluding demolition, for or on any public or private right-of-way,
structures, utilities or similar property.
Continuous Noise means a noise wffi€h 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, dB (C) 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).
Decibel (dB) means a logarithmic unit of measurement that expresses the magnitude of a
phvsical quantitv relative to a specified or implied reference level. Since it expresses a ratio
of two quantities with the same unit, it is a dimensionless unit. In the case of this Noise
Ordinance, a Decibel means a unit for measuring describing the amplitude of sound, equal to
20 times the base ten logarithm to the base ten of the ratio of the measured sound pressure
the soaRd measmed to the reference pressure, which is 20 microRewtons per s"luare meter.
Decibel measmements start frem the cemmon legarithrn (base 10) aRd measare the preSGlli"e
strength and magnitade (loadness) ef a sOlmd raaging from 0, the threshold ef audibility ef
the normal haman ear, to aiJoat 120 dB, the threshold of ear pain. The higller the decibels,
the loader the sOlmd.microPascals. Generallv, higher decibel levels represent louder sounds.
Emergency means an occurrence or set of circumstances involving actual or imminent
physical trauma or property damage or loss, which demands immediate action.
Emergency Work means any work performed for the purpose of preventing or alleviating
the physical trauma or property damage threatened or caused by an e.!;mergency.
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Equipment includes, but is nat limited ta, air canditianing unit, heating unit, pwnp, fan,
generatar, utility facility, and any ather substantially similar item, aperating in accardance
with its manufacturer's specificatians, large ar smalL cammercial ar nan-cammerciaL
whether ar nat a fixture.
84
.f
Equivalent A-weil!hted or C-weil!hted Sonnd Level. LeQ,A or LeQ,c means the canstant
Saund Level that in a giyen situatian and time periad, canyeys the same saund energy as the
actual time-yarving A-weighted ar C-weighted saund. Far the purpases afthis Ordinance, a
minimum measurement time periad af ane minute shall be used, unless atherwise specified.
Hertz (Hz) is a measurement af the freqliency af salind waves. Each hertz eqlials ane cycle
\'ler secand. The hearing range af the narmal human ear is between 20 Hz and 20,000 Hz
(cycles \'ler secand). The higher the number af hertz (frequency), the higher the \'litch af
saund. is the unit af measure af the frequency af saund. One Hertz equals ane cycle per
secand. The audible frequency range far narmal human hearing is between 20 Hertz and
20,000 Hertz. The higher the frequency (measured in Hertz), the higher the pitch af the
saund.
Impulsive Sound means a saund af shart duratian, usually less than ane secand, with an
abrupt anset and rapid decay. Examples af saurces af impulsive saund include explasians,
drop farge impacts, and the discharge af firearms.
Industrial Zone means an indllstrial zone is any geagraphic area designated far industrial ar
manufacturing activities by the zaning autharity having jurisdictian aver such area.
Intermittent Noise means a naise whase saund pressure level exceeds the aAmbient neise
Setmd 11evel at either regular ar irregular intervals.
Mixed-Use Proiect means a develapment ar structure characterized bv the use or accupancv
af any geagraphic area, determined by reference ta tract baundary, designated far bath
residential and nan-residential purpases by the zaning autharity having iurisdictian aver such
area.
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SA
Motor Vehicle means any self-propelled vehicle not operated upon rails or guideway, but
not including any bicycle, motorized scooter, electric personal assistance mobility device, or
moped. Many vehicles are not motor vehicles.
Multifamilv Dwellinl! means any building or structure containing two or more residences,
each occupied in whole or in part as the temporary or permanent residence of one or more
natural persons.
Noise means any sound which annoys or disturbs, Immans or which causes or tends to cause
an adverse psychological or physiological effect on humans.
Noise Level means the sound pressure level as measured in dB(A} unless otherwise
specified. ,^, measllfemefll of noise must be at least fi'ie dB abo'ie the ambient noise level.
Nonenelosell HreH means allY area er structllfe that is net totally enclosed with a eontinlious
roof, floor aIld walls eonstrneted lising rigid strnetHral building materials.
Person means any individual natural person, public or private corporation, firm, association,
joint venture, partnership, or any other entity whatsoever er 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 bOHlldary Real Property Line of any real property. In
the ease of mHltiple family structures, the property boundary f-or pUf)3oses of this Ordillanee
shall be the bakollY, poreh ar interiar af the eamplaillallt's unit.
Pure Tone means any Sound whieh eall be distilled)' heard as a single piteh or a set of sillgle
pitehes consisting of a single frequencv. Fer the purposes of measurement, a flrure tIone
shall exist if the one-third octavc band sound pressure level in the band with the tone exceeds
the arithmetic average vakie of thc sound pressure levels of the two contiguous one-third
octave bands by five dB for center frequencies of 500 Hz and above~ aOO by eight dB for
Page 6 of36
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8A
center frequencies between 160 and 400 Hz~ and by fifteen B dB for center frequencies less
than or equal to 125 Hz.
Real Property Line means an imaginary line along the ground surface, and its vertical plane
extension, which separates the real property owned, rented or leased by one person from that
owned, rented or leased by another person, excluding intrabuilding real property divisions.
Residential Zone means a residential zone is any geographic area designated for single or
Multifamily Dwelling by the zoning authority having jurisdiction over such area.
Road means the entire width between the boundary lines of every way or place of whatever
nature when any part thereof is open to public use for vehicular traffic, and every private way
or private place over which the 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 Prms.
Sheriffs Office means the Collier County Sheriffs Office.
Sound means an oscillation in pressure, stress, particle displacement, particle velocity or
other physical parameter, in a medium with internal forces. The description of sound may
include any characteristic of such sound including duration, intensity and frequency.
Sound Level means the weighted sound pressure level obtained by the use of a Sound Level
Meter and frequency-weighting network, such as A or C, as specified in the latest revision of
the ANSI Standard S 1.4, "Specification for Sound Level Meters". If the frequency weighting
employed is not indicated, the A-weighting shall apply.
Sound Level Meter means an instrument used for the te measurement of sound pressure
level, A-weighted Sound Level, or C-weighted Sound Level of relatively eontimlOlls and
broadband noises. +he Any Sound Level Meter used to determine compliance with this
Ordinance shall meet or exceed the requirements for Type 2 sS.ound l1evel mMeter m
Page 7 of 36
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8A
accordance with the latest revision of ANSI sStandard S 1.4, "Specification for Sound Level
Meters." To be valid, readings from a Sound Level Meter shall be properlv calibrated prior
to each set of readings per the manufacturer's specifications.
Sound Pressure means the instantaneous difference between the actual pressure and the
average or barometric pressure of a given point in space, as produced bv sound energv.
Sound Pressure Level means 20 times the base 10 logarithm to the base 10 of the ratio of
the RMS sound pressure to the reference pressure of 20 micropI'ascals (20 v 10 6 N!m 2).
The sound pressure level is denoted Lp or SPL and is expressed in decibels.
Vehicle, which also includes all motor vehicles, means every device in, upon, or by which
any individual or property is or may be transported or drawn upon a fii.ghroadway (excepting
devices used exclusively upon stationary rails or tracks), including but not limited to
automobile;;, commercial motor vehicle;;, truck;;, tandem trailer truck;;, trailer~, semi-trailer;;,
buses, motorcycle~, tractor;;, farm labor vehicle;;, all-terrain vehicle;;, two-rider all-terrain
vehicle~, moped;;, go-carts, maxi-cube vehicle;;, motorized scooter;;, motorized bike;;, and er
bicycle~, whether moving or stationary.
SECTION FIVE:
AMENDMENT TO SECTION SIX OF ORDINANCE NO. 90-17, AS
AMENDED
Section Six of Ordinance No. 90- I 7, as amended, entitled "Maximum Permissible Sound
Levels" is hereby amended to read as follows:
SECTION SIX. MAXIMUM PERMISSIBLE SOUND LEVELS.
A. Classification or use occupancy. For the purposes of defining "use occupancy" in the
Ordinance, the following classifications shall apply.
(1) All premises containing habitually occupied sleeping quarters shall be considered
residential use.
(2) Premises containing transient commercial sleeping quarters shall be considered
tourist use.
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8A
(3) All premises containing businesses where sales, professional, or other commercial use
is legally permitted shall be considered commercial use.
(4) All premises where manufacturing is legally permitted shall be considered
manufacturing use.
(5) Nursing homes, hospitals, hospices, public or private schools including colleges and
er universityjes, libraries in use, churches in use, and courts in session shall be
considered residential uses.
(6) Legally permitted use(s) of the site or unit shall supersede the zoning classification of
the site or unit and in cases of multiple uses, the most restrictive actual lawfully
permitted use shall supersede and control the zoning classification applicable to that
site or unit.
(7) Each site or unit not otherwise classified as to zomng shall conform to the
commercial sound-level staRdards limits.
B. Maximum Permissible Sound and Vibration Levels by Zoning Classification or Use
Occupancy.
(1) No sOlomd tested by equi13ment shall violate any souRd standard provision of this
Ordinance unless the offending sOlHld exceeds the then existing ambient SOllfld level
by at least five (5) dR^. for Table T, or five (5) decibels loin-weighted for Table II, at the
sound affected site or Hnit. The Board, by resoIHtion(s), after 13l1bic hearing thereon,
Hlay make, adopt, amend and repeal [\lIes and administrative orders to implement,
administer and enforce this article. No person shall operate, or cause or suffer to be
operated any source of sound from any use occupancy in such a manner as to create a
sSound 11evel, 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 by a
Sound Level Meter shall be deemed to be in violation of this Ordinance unless the
offending Sound exceeds the Sound Level limits in Table I. and also exceeds the then
existing Ambient Sound Level by at least five (5) dB(A) or five (5) dB(e), at the
sound-affected site or unit or Table II, for any miniHlHm 13art of any measurement
period, which meaSHrement pened shall not be less thaR sixty (60) seconds. Sounds
that are tested shololld shall be measured at or within the 13ro13erty boundary line of the
site or IInit from which the sound emaRates at lIDY sound affected site(s) or unites) that
Page 9 of36
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BA
the tester aeems tEl be mElst appmpriate, ana which sheuld usually be at a aistlllwe
greater thaR fifty (50) feet from the SOlifld SElHrCe Hflless tHere is 'lalia reaSOfl for
testiflg at a eloser aistance. "Real property lifle (Elr bElHfldary)" meaRS aR imagiflary
lifle aloflg the gmund surface, and its vertical exteflsiEln, '""hich separates real pmperty
OWflea by Elfle El'l/fler from real pmperty OWflea by another OY/fler, bHt does flOt
iflelude ifltra buildiflg aivisiElfls the pmperty boundary of the sound-affected site or
unit fmm which the complaint originated. In order to file a complaint, the
complainant must pmyide hislher name, address and phone number. The test
equipment should normally be at a distance greater than fifty (50) feet fmm the sound
source unless there is a valid reason for measuring at a closer distance. A "valid
reason" exists where land use, location, zoning, physical barriers, and/or acoustical
impediments adversely affect the accuracy of sound measurements. Measurements
shall be made in accordance with the latest revision of ANSI Standard S1.l3,
"Measurement of Sound Pressure Levels in Air". Test equipment shall be placed at a
height at least three (3) feet above the ground and at least four and one-half (4 1/2)
feet away fmm walls, barriers, obstructions and any other sound-reflecting surfaces
that might destrey the nlidity of the test meaS\iremeflts affect the measured Sound
Level(s). Micmphone Wwind barriers screens should shall be used when appmpriate.
If tHe iflvestigatiefl is based \ipon a complaiflt, the testing equipment should be
lecated as c1ese as possible te the selind affected site or unit fmm which tfle
ceHlfllaint eriginated. .'.11 times are stflfldara or daylight savings as llflpli ca13 Ie. The
standanl(s) te be llflpliea shall be the standard(s) and/or ta13le(s) that result in the
lowest SOlffia Icvcl(s) that violate this Orainance. Eqllipment testing shall incluae
octave bflfld flflalysis. .'.n "octave band" is a range of sOllila frequencies aivided into
nine (9) oetave baRds to classify sounds accoraing to pitch (freqHcncy). If the
measured difference between the llflplica13le ambieflt sounas llfld tHe allegea violating
sound levels is five (5) aR^, or HHweighted aecihels, each alleged violating sound
level shall be redllced by two (2) dB,^' or unY/eightea decibels. If the measured
difference is six (6) to eight (8) dB.', or Hn',vcightea decibels, the alleged violatiHg
sound level reaaings shall be redlowed by one (1) dR^, or ufl'.ycighted decibel. If such
measured aiff-crence is nine (9) or more dR', or uflweighted decibels, the possibly
Page 10 of36
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8A
violatiRg SOliRa reaaiRg sholila ROt 13e aajlistea 13asea HjlOR the aiffereRce. The
measured Sound Levels used fer comparison with the Table 1 Sound Level limits
shall be the equivalent A-weighted Sound Level and equivalent C-weighted Sound
Level measured over a minimum duration of sixty (60) seconds, after correction fer
the applicable A-weighted er C-weighted Ambient Sound Level. No person shall
hinder, obstruct, delay, resist, prevent in any way, interfere with, er attempt to
interfere with any autherized person while he er she is in the performance of duties
pursuant to this Ordinance. The Board, by resolution(s), after public hearing thereon,
may make, adopt, amend and repeal rules and administrative erders to implement,
administer and enferce this Ordinance.
TABLE 1
Zoning/Use at the location of Time of Day or Night:: Sound Level Limit~
the Sound-affected Site or Unit (dR.'..)
dB(A) dB(C)
7:00 a.m. to 10:00 p.m. 60 72
Residential
After 10:00 p.m. to 1:00 ~ a.m. 55 67
7:00 a.m. to 10:00 p.m. 65 77
Commercial er tourist
After 10:00 p.m. to 7:00 ~ a.m. 60 72
Manufacturing or industrial At all times 75 87
Agricultural At all times 75 87
* All times are the current loca] standard er daylight savings time in effect during the test, as
applicable.
(2) Tallie II, below, applies to testea souRa at sound affectea sites/linits. The required
five decibel aiffereRce 13etweeR the ambieHt souRa kiel and the offcHaing sOliRa
applies to every octa'ie 13aRa. Tallie II applies to souRds emittea from any siHgle
residential, tOlirist residential, commercial, industrial, and/er mallUfactliring
ofleratioH, activity, flr0eess, fllaflt or facility, or aR)" eombination(s) thereof. Pr0vided
the offending Table 1 sOliHa level for sounds that are tested exceeas the ambieHt
sound level by at least five aB",\, or exeeeds by five aeci13els liRweighted aRY of the
Page II of36
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8A
maximllffi applicable sOlmd level in any octave baRd in Table II, it is a '/iolation of
tHis Ordinanco whon any SHCH sOHnd is caHsod or st/ffcred by any SHCH non exempt
activity, facility, eRtity, plllflt, oporatioR, or process. ,^.pplying Table II, tHe nigHttime
HOHrs arc eaCH day from 10:00 p.m. HRtil ::00 a.m. tHe f{)lIowing morning excopt as
otHenvise expressly specified in tHis Ordinance. Unless pro'/ided otHerwise, inclHding
SectioR 51 93, eacHsHcH tested sound tHat tests in excess of any SUCH sOHnd affected
site specific applicable rest/ltant yalHe, after applying all apfllicable site specific
iml'mlse sound and/or pHre tone (cHaracter of sOHnd) adjustmeRts, sHall be a violation
of tHis Ordinance. Correction for Ambient Sound Level shall be made as specified in
Table II, below. If the measured difference between the applicable Ambient Sound
Level and the alleged violating Sound Level is five (5) dB(A) or five (5) dB(C), each
alleged violating sound level shall be reduced bv two (2) dB(A) or two (2) dB(C). If
the measured difference is six (6) to eight (8) dB(A) or dB(Cl, the alleged violating
Sound Level readings shall be reduced by one (1) dE(A) or one (1) dB(C). If such
measured difference is nine (9) or more dB(A) or dB(Cl, the alleged violating Sound
Level shall not be adiusted based upon the difference. Fractional decibels shall be
rounded to the nearest whole decibel.
TABLE II
Maximum 'Jnweigflted SelfRd Pressure Levels (in t/n',yeighted) decibels Day aRd Night Steady
s-oo
Octave Band Residential Site or Tourist or MllfIHfactming, IndHstrial, or
CeRter Freg. (in Commercial Site or
tJffit }.gricultHral Site or Unit
Hertz. ) tJffit
~ Day 89 Nigflt 61 Day 71 Night 69 84
~ Day 69 Night 61 Day:1 Nigflt 69 84
~ Day 66 Night 61 Day'll ~!igHt 66 &+
~ Day 62 Night 57 Day 6: Night 62 ++
~ Day 58 Night 53 Day 63 Night 58 H
.woo Day 53 Night 18 Day 58 Night 53 {i&
:woo Day 19 NigHt 11 Day 51 Night 19 B4
4GOO Day 16 NigHt 11 Day 51 ~!ight 16 6+
Page 12 of 36
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8A
woo
I Day 1~gflt 371 Day 1~ght 12
The DR^. row is fur comparison pmposes onl)'.
Refer to "Correction for Character of SOHnd" in sHBsection (3)(C), Below.
?H
l}BA
B
TABLE II
Difference between allel!ed violatinl! Correction (to be subtracted from
Sound Level* and Ambient Sound the measured allel!ed violatinl!
Level* Sound Level*)
9 and higher 0
6-8 I
5 2
*Sound Levels in dB(A) or dB(C)
(3) ViBrations emanating from commercial, indHstrial, or manHfactming facility. These
are not sOHnd limits. These standards apply throHghollt Hnincorporates Collier
COHnt)'. f. viBration IS an oscillatory motion of solid Bosies sescriBed by
displacement, velocity or acceleration with reference to a given reference peint. It is
a 'iiolation of this Ordinance to operate, permit, or sHffer operatil)fl er Hse of allY
indllstrial, mallHfactllring and/or commercial sevice, facility, operatien, or precess
that CaHses any vibrations which exceed the applicaBle displacement(s) in indIes
specified in TaBle III, Below, at the property BOllndary of, or within, allY viBratioIl
affected site or HIIit in resideIltial or tOllrist residential Hse or zoning aJl)'\vhere in
IInincorperated Collier County. Steady state vibrations are continuoHs or occm in
discrete plllses more freqHently than one IlHflsred (100) impHlses per minHte.
Discrete pHlses that do not eJweed oIle hundred (100) impHlses per minHte mHst not
caHse displacement in excess of twice the applicable vaIHe(s) in TaBle III, Belew.
Impact viBrations occm in discrete pHlses which are separated by a time intor.'al of at
least one (I) minute and which OCCHr no more than eight (8) times in any tv;enty fum
(21) heHr period. These vibration regHlations do I10t apply to activities condHcted
pmsllallt to, ans to the extent aHthorized BY, Blasting permit(s) isslled BY Collier
COHnty or by any other governmental agency that then has sllpersesing authority to
isoHe the respective Blasting permit(s)
TA.BLE III
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FreqHeflcy of Steady State Vibration Frequency of Impact Vibration
Displacement Cycles Per Second,
Displacement Cye1es Per Second, Inches
Inefles
Less than 0.0001 Less than 10 0.0006
10 through 19 0.0002 10 through 19 0.0003
20 through 29 0.0001 20 throHgh 29 0.0002
30 tarOHgH. 39 0.0001 30 througld9 0.0001
10 through 19 0.0001 10 throHgh 19 0.0001
50 and over 0.0001 50 and over 0.0001
The following standards shall be Hsed, as applicable, to measme '/ibrations: ISO 2B31 I
(Mechanical vibration and shock E'iaIHation of human exposHre to whole body vibration);
t.NSI S 2.2 1959 (R 1990) (Calibration of shock and vibration pielmps); t.NSI S 2.BI 1989
(,'.S.'. 78) (Mechanical mOlillting of accelerometers); t.NSl S 21.21 1957 (RI9S9)
(Characteristics of shock and vibration measmements). A three component measHring system
shall be Hsed to meaSHre '/ibrations. The testing system shoHld measme earth borne '/ibrations in
three directions, each of which occur at right angles to the other two.
e. Correction for character of sound,
(I) Steally pure tOBe, For each sOHnd that is a steady pure tone, the applicable
maximum sound lovellimits set forth in Table I and Table II shall be redHced by five
decibels at sound affected sites/units in residential Hse or zoning.
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 zoning.
(2) Non-repetitive impulsive sound. For any non-repetitive impulsive sound (up to five
(5) impulses an hour), the maximum sS.ound 11evel limits set forth in Table I aOO
Table II shall be increased by ten (10) decibels from 7:00 a.m. to 10:00 pm.
D. Multifamily Dwellings. This subsection shall not apply if the sound affected site/unit
afId the source of the sound can be rogulated by the same management, including by restricti'/e
covenant, lease, condominium document or alJY other rule or regtliation that pHf]30rtS to be
enf{)rceable by the management agailJst the violator, whether or not enforced. This subsection
applies only to sounds when measured within a multifamily residence unit (occupied in whole or
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in part as the temporary or permanent residence of one or more natural persons) in residential,
tourist residential, or commercial use or zoning and the building contains two or more such
dwelling units. It shall be a violation of this Ordinance to emanate any sS.ound, including from
e~quipment, live performance music, or aAmplified s.s.ound, that, when measured inside of the a
ffi Multifamily ElDwelling unit in residential or tourist residential use or zoning, completelv
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. "Management" incllldes landowner, landlord,
resident manager, condominilfm association, or any otHer substantially similar individual, groufl
or entity tHat Has autHority to control tHe respective sOlomd(s). "Equipment" incllfdes, But is Hot
limited to, air conditioning unit, heating lInit, pllmp, fan, utility facility, and any otHer
substantially similar item, large or small, commercial or non commercial, WHetHer or nElt a
fixtllfe, witHin, adjacent to, or associated with the multifamily building comprised of two or more
residence dwelling units.
E. Mixed-Use Proiects. This subsection shall only apply ifboth the sound-affected
site/unit and the source of the sound are located within the same Mixed-Use Proiect. In the case
of a Mixed-Use Proiect, and notwithstanding anything to the contrary as may be contained in this
Ordinance, it shall only be a violation of this Ordinance to emanate any Sound (including from
Equipment, live performance music, or Amplified Sound) that, when measured from inside of
the sound-affected residential dwelling unit, completely enclosed by walls and a roof with all
doors and windows closed, exceeds the limits set forth in Table 1lI below. No Sound tested by a
Sound Level Meter shall be deemed to be in violation of this subsection or this Ordinance unless
the offending Sound exceeds the Sound Level limits in Table III and also exceeds the then
existing Ambient Sound Level by at least five (5) dB(A) or five (5) dB(C), as applicable to the
respective A or C frequency-weighting network, when measured from inside of the enclosed
sound-affected residential dwelling unit, completely enclosed by walls and a roof with all doors
and windows closed. The measured Sound Levels used for comparison with the Table III Sound
Level limits shall be the equivalent A-weighted Sound Level and equivalent C-weighted Sound
Level measured over a minimum duration of sixty (60) seconds, after correction for the
applicable A-weighted or C-weighted Ambient Sound Level. For Mixed-Use Proiects, Table I
Sound Level limits shall only applv to sound-affected residential land uses or zoning located
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SA
outside of the Mixed-Use Proiect, and shall not applv to residential uses or zoning within the
Mixed-Use Proiect.
TABLE III
Zoninl!/Use at the location of Time of Dav or Nil!ht* Sound Level Limits
Sound Affected Site or Unit
dB(A) dB (C)
Residential Dwelling Unit 7 a.m. to 12 p.m. 53 68
After 12 p.m. to 7 a.m. 45 62
* All times are the current local standard or davlight savings times in effect during the test, as
applicable.
KF. 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 least as effective as that recommended by the
manufacturer or provided as original equipment. Construction equipment that must
be operated within 2,500 feet of HelH' a residentially zoned area a on a 24-hour per day
basis (including but not limited to ~ pumps, well tips, and generators",..et&.) shall be
shielded by a barrier to reduce the sS.ound Lev~during the hours of 6:00 p.m. to 7:00
a.m. unless the unshielded sS.ound ll,evel is less than 55 dB!. measHrea at or insiae of
the dosest accessible for testiHg sOHfla affected residentially ZOflea or usea property
the Sound Level limits stated in Table r.
(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
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Sundays or on the following holidays: New Year's Day, Memorial Day,
Fourth of July, Labor Day, Thanksgiving Day, and Christmas Day.
b. Any person desiring to engage in the aforementioned activities beyond the
stated hours of limitation, based upon cases of Emergency,llfgent necessity er
Hjlon the interests of public health, safety, and welfare may apply in writing to
the County Manager or his designee for an e~mergency e~onstruction
p!'.ermit. Such application shall state all facts and circumstances
demonstrating the existence of an Emergency and the need for such permit.
Such permits, if granted, shall be limited to 15 days, but may be renewed for
additional periods if the e~mergency or need therefor continues. Requests for
renewals of said permit shall be made in writing prior to the expiration of
permits previously issued pursuant to this section. In the issuance of such
permits, the County Manager or his designee shall weigh all facts and
circumstances presented and shall determine whether the reasons given for the
Emergency Ilrgent necessity are valid and reasonable~, whether the public
health, safety, and welfare will be protected or better served by granting the
permit requested~ and whether, should the permit not be granted, the manner
and amount of loss or inconvenience to the applicant presented by the
Emergency imposes a significant hardship. Upon an affirmative finding of the
foregoing considerations, the County Manager or his designee is authorized to
issue the e~mergency eConstruction p!'.ermit. Notice of said permit
application shall be given to all property owners adjacent to the subject site.
During such periods of emergency activities and during the normal
construction or site preparation hours of 6:30 a.m. to 7:00 p.m., the Sound
Levels Roise levels generated by construction or site preparation activities
shall not exceed those permitted under Ch. 51, ,^crt. IV this Ordinance.
(3) Exceptions. Construction activities or site preparation activities performed by the
County, state or federal governments are exempt from the Emergency Construction
Permit requirement, this provision provided that Code Ch. 51, ,'.rt. IV such activities
are conducted In compliance with applicable law, including this Ordinance is
complied with.
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G. Permittine: for Amplified Sound providine: outdoor entertainment.
(1) Purpose and applicabilitv. In order to aid in monitoring and control of
Amplified Sound providing outdoor entertainment for certain public and/or private events, and
provide for enforcement action to address violations of this Ordinance resulting from outdoor
entertainment activities generating such Amplified Sound, a one-time, site-specific Amplified
Sound Permit will be required for anv commercial business or nonresidential land use (such as,
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 any residential zoning district. That distance must be measured from the location of the
actual sound source within the sound-producing property to the Real Property Line of the sound-
affected residentially zoned or used propertv. For purposes of this subsection, no Amplified
Sound Permit is required where the Sound source( s) and the Sound-affected residential use or
zoning are located within the same Mixed-Use Proiect.
(2) Residential amenities. For the purposes of this Section, any residential amenity
(including, but not limited to, clubhouses, recreation centers, swimming pools, and pavilions)
will be considered a residential use and Amplified Sound from outdoor entertainment emanating
from these locations will not be subiect to a requirement for an Amplified Sound Permit.
(3) Commercial establishments, In the event that any commercial establishment
utilizing Amplified Sound to provide indoor (that is, occupiable space within the building walls)
entertainment for public and/or private events is adiudicated by the Code Enforcement Board,
Special Magistrate, or court of competent iurisdiction to be in violation of this Ordinance
pursuant to the provisions of Section Six, that land use or commercial establishment will be
considered to have expanded their entertainment outside the confines of the building walls and
must obtain an Amplified Sound Permit, subiect to all of the provisions of this Section.
(4) Compliance with Sound Level limits. All activities governed by the Amplified
Sound Permit requirements must be conducted in accordance with the provisions of Section 6.B
(Maximum Permissible Sound Levels by Zoning Classification or Use Occupancy).
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(5) Application for Amplified Sound Permit. Prior to issuance of the permit, an
application must be completed which includes the following information:
a. The name. address and telephone number of the applicant;
b. The name, address and telephone number of the business or location at which
the event will occur;
c. Identification of the type of business or other nonresidential land use (e.g,
restaurant. night club, public park, church);
d. A sketch and description of the area in which the event will occur on the
propertv (e.g.. patio, outdoor dining area. poolside);
e. A narrative description of anv factors which might mitigate the impact of
close proximitv ofthe activitv to adjacent residential use or zoning;
f. A description of the proposed entertainment (e.g., live band, recorded music,
disc jockev, theater performance );
g. Frequency of occurrence (monthly, weekly, daily) or estimated number of
events per calendar year with dates to be determined;
h. Proposed hours of activity.
(6) Issuance or denial.
a. Issuance. Upon receipt of an Amplified Sound permit application, the County
Manager or designee will verify that the physical location of the proposed
Amplified Sound source(s) is within 2,500 feet of any residential zoning
district or land use (as opposed to the Real Property Line of the property on
which the Sound-producing event will occur). This distance will be measured
according to a survey, if provided by the applicant, or by the Official Zoning
Map, aerial photography, or other reliable and accurate means. Upon
completion of such verification, the County Manager or designee shall issue
an Amplified Sound Permit.
b. Denial. The only basis for denial of an Amplified Sound Permit application
shall be prior adjudication for violation of this Ordinance relating to the same
Amplified Sound activity.
(7) Terms of approval. Once granted, the permit will remain valid, so long as there
IS no change in use on the subiect property and no substantive change to the information
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provided on the application. Change of ownership or change of business will not invalidate the
permit so long as the use remains the same; however, the permit may be revoked in accordance
with the provisions of subsection G.l O. The permit and related Sound-producing activity may be
reviewed periodically to ensure compliance with this Ordinance.
(8) Fee for permit. A nonrefundable fee for the permit covering costs associated
with administration and processing will be assessed in accordance with the Fee Schedule
approved by the Board of County Commissioners and in effect at the time of application, and
will be payable at time of application.
(9) Enforcement, All Amplified Sound activities approved in coni unction with the
permit must be conducted in accordance with the provisions of Section 6.B (Maximum
Permissible Sound Levels by Zoning Classification or Use Occupancy).
(] 0) Violations. Any violations of the provisions of the permit shall be enforced in
accordance with the provisions of Section Ten of this Ordinance. In the event of two (2)
adiudications of violation of this Section within any l2-month period by the Code Enforcement
Board, Special Magistrate, or court of competent iurisdiction, the Amplified Sound Permit shall
be revoked by the County Manager or designee for one year from the date of the second
adiudication, and the permitted activity must cease immediately, unless otherwise ordered.
During said period of revocation, the person having held the revoked permit shall be ineligible to
apply for an annual permit issued pursuant to Section Six. Appeal of the revocation of the permit
must be taken in accordance with Section Nine of this Ordinance.
F. !.nnual permit for live performanee musie an II/or amplifiell sounll at commercial or
tourist commercial ~ sites. Sounlls to attract attention to a performance, show, sale or
lIisplay.
(I) Elwept as otherwise eJ[empted BY this Ordinance, no person shall eaase, allo',',' or
suffer li'le perfurmance music or amplified sounds to emanate from or through a
nonenelosed ili!:Y ffi"ea of any Business estaBlishment open for entertainment llllf1'loses
within a commercial or tourist use occupancy or zone Before eBtaining from the
County an annual permit in accordance with sUBsectien (3), Bele'N. No annual peffilit
shall Be isslled for live performance mllsic or amplified sound(s) to emanate fram any
site or unit then in residential use or zoning, although special eyents at residential
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sites may Be eligiBle fur eommHflity eyeat permits llllthorized ia this Ordiaanee ~
Land Develollmeat Code.
(2) Live performanee masie or amplified sOHfld emanating from or tMoagh a
aoaeaelosed illi:Y area shall not exeeed the applieable da)1ime levels Betweea the
homs of9:00 a.m. and 10:00 p.m., and shall ROt e)(eeed the applieable aigllttime aoise
le'lels Between the hears of 10:01 p.m. and 8:59 a.m. whea measmed out of doors at
or inside the property BOlH'ldary of other sites or lIaits in resideatial ase or zoning.
These provisioas are saBjeet to the exemptioa ia sHBseetioa D, above (multifamily
dwelliag aaits Hader effeetive eOHtrol ofmanagemeHt).
(3) Prior to ar.nllal permit issHaIlee, aa applieatioa shall Be filed eoataiaiag all of the
following iaformatioa:
a. Name and mailiag address ofapplieant;
b. Name, and address, aIld 1'lhoae aHfl'lBers of ~Business or establisllmeat .f.!:Qm
~ where li'le perfurmance mllsic and/or amplified sOlilld will emanate
from saeh aoaeaelosed area;
c. Descriptioa of the applied fur aoaeaelosed area aIld the eyeat(s) for ',vhiehli';e
performlHlee masie or amplified sOllad will emanate from the aillmally
permitted aoaeaelosed area: (e.g., diJlll.or hour, happy hom, da)1ime, eveaiag
or weekead eatertainmeHt, etc.).
d. DescriBe all hours E!Hriag allY 24 hellr perioE! dHriag whieh sHch li'le
performanee mHsie or amplifieE! sOHaE! will emanate.
e. Caleadar year for the ar.Haal permit Beiag applied for.
(4) Fee fer KBBIIKI permit. A $40.00 fee shall Be paid BY the applieallt at the time of
applieatioa for an annual permit for costs assoeiateE! with admiflistration and
eafureemeRt. These anHlIal permits Ilffi from JaIlHary I through DeeemBer 31. There
shall Be ao pmratioa of the applieatioa fee. These aIlaaal permit f-ces may Be ehaaged
from time to time by resolution(s) of the Board ofCouaty CommissioHers.
(5) Violation of annual permit for live porformanoe music anE! amplified so_d. SuBject
to the maltifamily E!welling Hait "Hader maaagement exemptioas" ia sooseetion D,
above, any pemon who, or entity that, caases or allows to Be eaased anRaally
permitted live performaaee masie or aJlll.lially permitted amplified sound to emanate
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G. Authorized School, Park or Playground f.etivitics. Nothing in this Ordimmee is
int~nded to regulate an)' soullds emanating from an)' authorized pla)'grOlmd or sehool sJlorting
event, entertainment event, or authorized event at a Jlwlic or Jlri'/ate JllaygrmlBd or school
Jlro'/ided the sounds therefrom conform to the authorization granted by the Jllayground's or the
school's management to eonduet that event.
H. Raceway Facilities and ,'\etivities at the Immokalee Regional f.irport. This
Ordinance shail apply te the existing one eighth mile Eirag strip at the Immelcalee Regional
}\irport and shail continue to llflJlly thereto unless and until different noise le'/els may be
dete_ined by means ef the [oil owing permitting processes. This Ordinanee does not establish
any sound level standards that are to apply to any future racing facilities or activities hereaft~r
leeated at that airport. If additional raceway [acilities are aHthorized at that airport, the sound
level standards that shail llflpl)' thereto shall be determined by and dming the p~rmitting
processes that authorize such future facilities and/or acti'/ities. The board shail have final
a1313fElval autherity of the llfl131icable s01md levels after public hearing thereon. These new sound
level standards saail then be applied equail)' to the one eighth mile drag strip. Those new sound
level standar.as ean exeeed, but shall not be stricter than, the maximllHl sound le'/els now
sJleeified in this Ordinance, and shail be determined by and during the Jlermitting proeesses that
authorize sHeh fHtme facilities and/or activities. Such standards shail be described in terms of ,^.
weighted testing under Table I and by octave band standards under Table II, and thore shail be no
time averaging ef any of those sOHnds. Notwithstanding any other then existing enfercoment
alternati'/es, those standards, once established, shall be enforceable by llflpl)'ing this Ordinanee.
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I H. Other Remedies Preserved. No provision of this Ordinance is inteHded to distllrb the
right 0f the County 0r 0f allY pcrS0n 0r eRtity to pHrSHe aflY 0ther remed)' f0r the abatement 0f a
RHisaflce, or aflY other remedy that may then be available Hnder law 0r eqHity. This Ordinance
d0es R0t apply to the exteRt the sj'lecific regHlati0R is theR preemptea by Flmida m federalla':,-,
rule 0r reglllati0R.
SECTION SIX:
AMENDMENT TO SECTION SEVEN OF ORDINANCE NO. 90-17,
AS AMENDED
Section Seven of Ordinance No. 90-17, as amended, entitled "Excepti0ns" IS hereby
amended to read as f0110ws:
SECTION SEVEN. EXCEPTIONS EXEMPTIONS.
The fo1l0wing uses and activities shall be permitted under this Ordinance and are exempt
fmm the Sound Level limits set forth in subsection 6.B:
A. Construction operati0ns for which building permits have been issued, or constructi0n
0perations not requiring permits due to ownership of the pmject by an agency of government;
pmviding all equipment is operated in accord with the manufacturers' specificati0ns and with all
standard equipment, manufacturers' mufflers and n0ise reducing equipment in use and in pmper
operating Ctlndition, and is operated in compliance with 8subsection 8*6.F hereof.
B. Noises of safety signals, warning devices, and emergency pressure relief valves, aHa bells
and chimes of chmches.
C. N0ises resulting fmm reasonable use of bells and chimes, such as those from churches.
D.&. Noises resulting fmm any authorized emergency vehicle when responding to an
emergency call or acting in time of eIlmergency.
E.l* Noises resulting from Emergency Wmk as defined in Section Five.
F.Ih Noises resulting fmm equipment m operations incidental to the emergency repaIr m
restoration of services such as public utilities or other eIlmergency activities in the public
interest.
G.Fo Any other IlNoise resulting fmm activities of a temporary duration permitted by law and
for which a licellse, permit or waiver therefore permission has been granted by the County
Manager or designee in accordance with Sections Seven, Nine, and Ten this Ordinance.
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H.G, Noises made by persons having obtained a permit to use the streets.
IJt All nNoises coming from the normal operations of aircraft (not including scale model
aircraft), including Noise from mosquito fogging aircraft, and from the normal operations of
airports within the County.
1. Smma from vehicles when on a roaa shall not be reglilatea by Ceae Enforcement
officers, including souna from sOlina prodlwing aevices when on a roaa.
J. Motor vehicles used on public roadwavs, as defined in F.S. S 316.293(2)(a), (b), and (c).
K. Ordinary noise created by the normal operation of railways.
L. Operation of e.!;;quipment or conduct of activities normal to residential or agricultural
communities such as lawn care, soil cultivation, domestic power tools, lawn mowers,
maintenance of trees, hedges, gardens, refuse collection, agricultural equipment, saws and
tractors, street sweepers, mosquito fogging, tree trimming and limb chipping and other normal
community operations, between the hours of7:00 a.m. to 10:00 p.m.
M. Exception for existinl! operations. An exception to the Sound Level limits contained in
Section Six, Table I, shall be permitted where a commercial use or other non-residential use had
in prior vears established its place of business in an area away from a residential use, and through
subsequent development or rezoning, now finds itself adioining a Residential Zone. In these
instances, the Sound Level limits in Table I pertaining to the previously existing zoning or use
category shall apply, and the commercial use or other non-residential use shall not be required to
meet those Sound Level limits pertaining to residential zoning or use. Compliaoee Pro';isioos.
In those instances ',';here an inalistry or commercial blisiness haa prior to February 23, 1990,
establishea its place of blisiness in an area removea from resiaential zone and subsequently
througR ellCroachment of residential ae'ielopment or rozoning, became immeaiately aajacent to a
resiaential zone, slich blisiness shall be reqliirea to comply with all sS,ound 11evel limits.
Not'.vithstanaing the above, facilities ana processes eKisting at the blisiness site as of January I,
2001 shall be aeemea to be in flill compliance with this Orainance provided the respecti'ie
blisiness complies '/lith the following:
(1) An engineer with eKpertise in the subject matter area of acolistical engineering ana
licensea tEl provide such services in Florida, is retained by the blisiness to conauct,
ana aoes conaHct, a theroligh aeolistical analysis of the relevant noise prodlicing
operations of the blisifless; ana
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(2) .'\ timetable (for commeRcement and completion of the engineer's proposed sOlind
redlictioR plan is to be uRdertakeR 8Y the bHsiRess) is preseRted to the COHRty'S
Director of Code ERforcement, who is hercby authorized to ascertaiR (with or witaolit
assistaRce of aR acolistical eRgiReeriRg firm retaiRed 8Y the COliRty) 'Naether the
proposed remedial meaSllfes aRd timetable appear to be adeqliate aRd reasoRable. If
approved to 8e reasoRable by the Director, the Director shall monitor tfie approved
plaR and timetable to cORfirm timely completion of the plan; and
(3) Based Hpon the engineering analysis, the 8lisiRess, 8)" e)[peRdiRg money ami/or taking
other remedial meaSllres, makes a good faith effort to attempt to comply flill)' with
the applicable ma)[imlim noise le'/e1s as measured at representative residential IlElise
affected sites aHd/or uRits, and the remedial measmes 8ring the offeRdiRg noise levels
toward compliaRce with the maximum sOURd levels, aRd after completion of the
plaR's sOliRd redHction meaSlires, the sOlmd levels do not ellCeed any applicable
maximum sOllmllevel specified iR this OrdiRaHce 8Y more thaH two decibels; and
(1) IR the professioRal jllagment of the business' retainea acolfstical eRgiReer,
expenditllfe of aaaitioRal mORe)' or other resources, or takiRg other remedial
measures to attempt to fHIther realice the levels of an)' slich sounas is Hnlikely to
reslllt in any meaniRgful fHItaer redliction in any of the sound level then emaRatiRg
from the 8llsiRess.
(5) Compliance with tae above fOllf s1l8paragraphs saall cORcllisi'/ely establish that ifthe
COllRty sholild require any fllrther expeRaitme of money or the takiRg of any other
remeaial measlfres will taereby impose an undue economic 81lrdeR llflOR that
blisiRess. URdue ecoRomic burden iRclllaes mORetary losses projected to f8sHlt from
reqliiriRg the 8lisiRess to comply more flill)' with the applicable maximllm sOIlRd
levels, iRclHaiRg, 81lt Rot Recessarily limited to, cessation or aRY reallctioR of the
8lisiRess' flOllfS of operating auring any 21 hour period.
N. The reasonable use of the unamplified human voice.
O. Noise resulting from regular maintenance testing of standby emergency power
generators, provided that any sound attenuation provided by the manufacturer is retained, and
provided that the noise occurs between the hours of 9:00 a.m. and 5:00 p.m" Monday through
Saturday, excluding holidays stated in subsection 6.F.2.a hereof. The frequency of maintenance
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testing and the duration of each test shall be no more frequent and not longer in duration than
thirtv (30) minutes once a week.
P. Authorized School, Park or PlaYl!:round Activities. Sounds emanating from anv
authorized plavground or school sporting event, entertainment event, or authorized event at a
public or private school, park, or plavground, provided the sounds therefrom conform to the
official authorization granted to conduct that event.
Q, Racewav Facilities and Activities at the Immokalee Rel!ional Airport. This
Ordinance shall applv to the existing one-eighth mile drag strip at the Immokalee Regional
Airport and shall continue to applv thereto unless and until different noise levels mav be
determined bv means of the following permitting processes. This Ordinance does not establish
anv Sound Level standards that are to applv to anv future racing facilities or activities hereafter
located at the airport. If additional racewav facilities are authorized at that airport, the Sound
Level standards that shall applv thereto shall be determined bv and during the permitting
processes that authorize such future facilities and/or activities. The Board shall have final
approval authoritv of the applicable Sound Levels after public hearing thereon. Those new
Sound Level standards shall then be applied eQuallv to the one-eighth mile drag striP. Those
new Sound Level standards can exceed. but shall not be stricter than. the Sound Level limits now
specified in this Ordinance, and shall be determined bv and during the permitting processes that
authorize such future facilities and/or activities. Such standards shall be described in terms of A-
weighted and C-weighted Sound Level testing under Table I, 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 bv applving 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 Countv Land Development Code contains the requirement for and process related to
Communitv Event Permits.
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}.pplieations f-or a eomlfHlnity event permit f-or relief from tho ma)(imllm allowal3le noise leyel
limits designated in this Section or Seotion Ton ma}' Be made in writing to the COllnty
Administrator or his dosigHee. .'\ eommllnity e'/ent permit may not be obtained BY the holder of
an aIlnual permit for any event permitted pllfGllant to the af'.Hllal permit. .'\fly commllflity e'/ent
permit granted by the County }.dministrator herelomder mllst Be made in writing and shall cElntain
all conditions Iljlon which said commllflity ovent permit shall Be effective. The CElanty
.'\dministrator, or his desigHee, ma}' issue a comnmnity event permit under the following
conditions:
I. The COllnty }.dministrator may prescriBe an}' reasenaBle conditions or reqlliremonts
as he deems necessary to minimizo adyorse effects upen the cElmmunity er the
slllTeunding neighBorhood, including Ilse of mufflers, screens or other seand
attenuating devices.
2. Community event permits issaed herellflder may Be granted for any plaflRed
commHnity event as defined herein.
3. Commllnity event permits issued hereunder for efltertainment eyents, ineluding
parades, entertaiflRlent eyents other than at parks, playgnmnds er school property;
cElncerts, in street events, fireworks displays, and sUBstantially similar events may be
granted subject te the fOllowing eonditions:
a. The event mllst Be epen to the poolie (admission may Be eharged);
B. The permit ean allthorize the entertainment event to funetion for up to 16 hmITs in
a 21 hour day; and
e. The entertainment event itself may fHnetion only Between the hours of &:00 a.m.
and midnight.
1. Community event permits fer ether than entertainment ovents may be issHed Ilnder
tho follewing conditions:
a. If the commHnity eyent relates to the operatien ef a trade er Basiness Bllt is not
eonducted in the erdinarj' ceurse ef that trade or business;
B. If the applieant is an indi'/idual, the eommunity event does not relato to the
eperatien of a trade or BHsiness and the commllnity event is net all ordinary event
in the affairs efthe applicant;
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c. If tile eammHnity event is a reeuITing e-/ent Imt aaes not reeHr mare often tllan
faur times eacll calendar year; and
d. If tile cammunity event aaes nat relate ta tile aperatian af a tmae ar Imsiness and
the event is caRljlatible with tile ardinary activities af tile neiglH3arllaad in wllicll
tile cammunity event is ta occm.
5. Except in emergency situatians, as determined by tile Ca"mty .\aministratar, ar as
restricted in Sectian Nine, a eammunity eveHt permit may be issHed far anly f{)ur
haurs between 7:00 a.m. and II :00 p.m. an weekdays fOr events ather tllan
eHtertaililllent.
6. A eammHnity eveRt permit may be issued far na langer thaH seven oanseoHtive days.
7. Na eammlffiity eveHt permit may be issHed ta allaw tile Hse af any laHdspeaker ar
sauRa aHlplifyiRg aevice aR tile exteriar af aI~y bHildiRg wllicll at any time exoeeds
tile applicable saHnd level limits iR Table I Ilereaf eJlOej'lt tllase Hsed for emergeHey
warnings llfld eJlOej'lt as atherwise provided by Seotian 51 93 af the Caae af Laws ana
Onlinllflces herein.
SECTION EIGHT: AMENDMENT TO SECTION NINE OF ORDINANCE NO. 90-17,
AS AMENDED
Seotian Nine afOrdinanoe Na. 90-17, as amended, entitled "Waivers" is hereby deleted:
SECTION NINE. W.^.l'/ERS.
.^.pplicatiaRs far a waiver for relief from the maximum allawable Raise level limits ar
time of aay restrictians aesig;nated iR this OrdiRance shall be maEle in writiRg ta the Boara af
Caunty Cammissioners, when tho aotivit)' oreating suoh noise is located within the
uniReafJlaratea area af the County. Any waiver granted by the Baara af CaHnt)' CommissioHers
must be iH '.",riting llfla shall eantain all caRaitians HpaR which said waiver shall be effeotive.
The Baara af CaHRty Cammissioners may grant the waiver upon oansideratian afthe regHest at a
regularl)' soheElHlea public heariRg llfla HnEler the follawing canditiaRs:
1. The applioant has nat reoeived a warning ar oitatian from the Caae ERfOroemeHt
DepartmeRt which is cHITentl)' pending for vialatian af annual permit.
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2. The Board of CmIRty CommissioRers, iR grantiRg a wawer, may flreseriae any
reasoRaale eomlitions or reqlIiremeRts it deems Reeessary to miRimize ad'/erse effeets
lIfloR the eommuRity or tae slIrrelH1ding neighborhood.
3. Wai'/ers from maximllHl allo'.vaBle noise level limits or time of day restrietions may
be granted fer Roises ereated within an industrial or commercial ZORe by oflerations
which were in exisleIlee on the effecti'/e date of the Ordinanee from '<'/hieh this
OrdiIlance was derived.
1. 'Nai'/ers may be issued for RO 10Rger tRan 30 days, renewaBle by fllfther aflfllication
to the Board of COlIIlty Commissioners.
SECTION NINE: AMENDMENT TO SECTION TEN OF ORDINANCE NO. 90-17, AS
AMENDED, AND RELOCATION OF SECTION TEN TO
SECTION NINE
Section Ten of Ordinance No. 90-17, as amended, entitled "Right to Appeal" is hereby
amended to read as follows:
SECTION +BNNINE. RIGHT TO APPEAL.
Any person aggrieved by the denial of his application for a permit, or revocation of an
existing permit, by the County f.dministrator Manager, or his designee, may appeal such denial
or revocation to the Board of County Commissioners. Such appeals shall be taken within 30
days from the date of denial or revocation by filing with the County .'\dministrator 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 TENELEVEN. VIOLATIONS; PENALTIES; ENFORCEMENT.
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A. Any person violating any of the provisions of this Ordinance shall, upon adiudication of a
violation bv the Code Enforcement Board, Special Magistrate, or court of competent iurisdiction,
cOlwietion tllereof, be subject to a fine not exceeding $500.00, or imprisomnent not exeeeding 60
days, or both. as follows:
First Violation $100.00 fine
Second Violation $250.00 fine
Third or more Violation $500.00 fine
Each incident of violation day sHell violation is eommitted or permitted to eontinlle 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, il'leluding the day upon which the original citation was isslied.
B. Upon eon\'ietiol'l of adiudication by the Code Enforcement Board, Special Magistrate, or
court of competent iurisdiction of three violation~ of this Ordinance tllree times for the same
offense within a 12-month period, when the offending SH€h s.s:ound is created by the same
s.s:ound emitter, the noise creating equipment may be confiscated by the Code Enforcement
Board, Special Magistrate, or court following the most recent eOfl\'ietion third adiudication of
violation, until such time as the offender can satisfy the Code Enforcement Board, Special
Magistrate, or court that he or she is prepared to and, in fact, will operate said equipment within
the limits of this Ordinance. Further adiudications of violation thereafter shall reslilt ifl tile be
grounds for permanent confiscation by the Code Enforcement Board, Special Magistrate, or
court, lijlOfl SHell eOfl'lietiofl.
C. The owner of property, a tenant, a lessee, a manager, employee, an overseer, an agent,
corporation or any other person or persons entitled to lawfully possess or who claims lawful
possession of such property involved at a particular time shall each be responsible for
compliance with this Ordinance and each may be punished for violation of this Ordinance.
D. It shall not be a lawful defense to assert that some other person caused such sound but
each lawful possessor or claimant of the premises shall be responsible for operating or
maintaining such premises in compliance with this Ordinance and the offending act shall be
punishable whether or not the person actually causing such sound is also punished.
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E. The County Sheriff or IHs 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 IHs 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 IHs designee or other authorized enforcement
agent responds to complaints regarding aAmplified sS.ound or nonamplified music from a
noneaolosed anv area for which an aAnnual Sound prermit has been issued, he may administer a
sOlmd level pressure test with a sS.ound l1evel mMeter and ascertain whether a violation of this
Ordinance has occurred. If the result of the sound le'ielllreSsme test indicates a violation of this
Ordinance, the Sheriff or IHs designee or other authorized enforcement agent is authorized to
demand that the violative sound cease, and to issue a citation or notice to appear, or to arrest, to
the person producing, causing to be produced, or allowing to be produced the aAmplified 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 or Seotioa 54 93 of the Code Elf Lav.s
and Onliaaflces.
(1) Upon the first violation of the annual permit the County Code Enforcement
Department or Sheriff's Office dOflartmeat may issue a verbal or written warning, if
one has not been previously issued by another authorized enforcement agency, and
upon the second violation or any subsequent violations within a 24-hour period a
written citation may be issued. Any violations for which a written citation has been
issued may be referred to the County Code Enforcement Board, Special Magistrate,
or to a court of competent jurisdiction, in accordance with the procedures set forth in
County Ordinance No. 2007-44, the "Consolidated Code Enforcement Ordinance".
(2) If cited to the Code Enforcement Board or Special Magistrate, the Code Enforcement
Board or Special Magistrate shall conduct a hearing and provide for and enforce such
penalties as provided by law.
(3) In addition to the authority of the Code Enforcement Board or Special Magistrate to
impose fines and other penalties, the person, business establishment or other entity
causing or allowing to be caused the violative sound may be subject to civil andL-or
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criminal penalties as provided by this Ordinance upon conviction by a court of
competent jurisdiction.
(~) Upon the second enforcement action referred to the Code Enforcement Board or to a
court of competent jurisdiction within any 12 month period, the amlual permit shall
Be re'loked BY the Csmmunity De'lelopment Services f.dministrator for one year
from the date of final action by the Code Enforcement Board, or BY a coarl of
competent jurisdiction finding the person in violation of this Ordinance. During said
period of revocation, the person having held the revoked permit shall Be ineligible to
apply for an anmolal permit issued pursHant to Section Six or Section 5 ~ 93 of the
Code of Laws and Ordinances.
(5) .'.ny person aggrieved BY the revocation of the annual permit by the Community
Development f.dministrator may appeal such revocation to the Board of COHnty
Commissioners, consistent with Section Nine of this Ordinance.
G. Statutory Vehicle Related Noise Violations. Motor vehicle noise prohibited bv Section
316.272, F.S. (excessive or unusual noise from motor vehicle exhaust svstem), or bv Section
316.293, F.S. (maximum motor vehicle decibel levels measured bv testing equipment), or any
vehicle noise prohibited by any other Florida Statute, shall be enforceable by 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 producing device related to a vehicle when on a road, shall be
enforceable by the Sheriffs Office, and shall not be enforceable by Code Enforcement officers.
These violations, when off road, can be enforced by Code Enforcement officers or by the
Sheriffs Office, including without noise testing by applying Section Twelve.
1. Other Remedies Preserved. Nothing in this Ordinance shall prohibit the Sheriffs
Office from charging persons responsible for acts which affect the peace and quiet of persons
who may witness them for breach of the peace or disorderly conduct under Florida Statutes. In
addition, no provision of this Ordinance is intended to disturb the right of the County or of any
person or entity to pursue any other remedy for the abatement of a nuisance, or any other remedy
that may then be available under law or equity. This Ordinance does not apply to the extent the
specific regulation is then preempted by Florida or federal law, rule or regulation.
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"81
SECTION ELEVEN:
AMENDMENT TO SECTION THIRTEEN OF ORDINANCE
NO. 90-17, AS AMENDED
Section Thirteen of Ordinance No. 90-17, as amended, entitled "Use of Loudspeakers" is
hereby amended to read as follows:
SECTION THIRTEEN. Use of Loudspeakers.
Loudspeakers or public address systems used to produce sound signals from any source
for eithor advertising or other pHf]3oses may not be operated on or over public property and
public right-of-way, unless an annual permit has been issued by the County Administrator
Manager or his designee. An annual permit fee of $5.00 shall be paid for such permit. The
permit may be canceled for noncompliance with this Ordinance. Such systems may be used
Monday through Saturday during daylight hours only.
SECTION TWELVE:
AMENDMENT TO NEW SECTION OF ORDINANCE NO.
90-17, AS AMENDED
The section of Ordinance No. 90-17, as amended, entitled "Noise Violations That Do Not
Require Use of Testing Equipment" (added as a new Section 54-93 of the Code of Laws and
Ordinances by Ordinance No. 07-61) is hereby amended to read as follows:
Noise Violations That Do Not Require Use of Testing Equipment.
A. This s~ection, which shall be narrowly construed, applies notwithstanding other
provisions in this Ordinance relating to Sound measured by Sound Level Meterssound/noise
measHflng (decibel teoting) eqllipment.
B. This s~ection applies only to the following noise affected sites classified as residential
use in Section Six.
(I) Rosidential dwelling or IInlt: These include single family reoldence, GHflle)(, etc.,
apartment, dwelling condominillm IInit, mobile home, house trailer, hOHse boat or tnmsient
dwelling unit inelHding hotel, motel, inn or similar residential IIse establishment that is not
exempted from this Ordinance by Subsection 51 92(d) (multifamily dwellings IInder the same
management);
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(2) Hospital;
(3) NHrsiFl!; home;
(4) Library iFl Hse;
(5) PHblic or pri'iate school, iFlcluding college alld uni'iersit)',
(e) Court ill session;
(7) Hespice; or
(1I) Church iFl use.
e. Taking into account the time of day, day of the week, and the unmeasured Ambient Noise
at the aFl)' above listed noise affected site, the following nNoises are a violation of this Ordinance
without use of testing equipment provided such nNoise, based upon observation bv listening
heariFl!; by an enforcement officer and a complainant at the noise affected site, is clearly:
(1) Unreasonably loud, raucous or jarring: (is clearly annoying or clearly disturbing
to any individual of normal sensibilities at such site); or
(2) A nuisance: (without reasonable justification is unreasonably interfering with the
peace and quiet of any individual of normal sensibilities at such site).
D. This Section applies when either (or both) above-listed nNoise is emitted from a:
(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 Sheriffs Office when
testing equipment is not used. These noises can be enforced by Code Enforcement officers when
noise testing equipment is used.
(2) Vehicle (including motor vehicle) Floise applied to including the total volume of
noise from the vehicle or from any part thereof including motor/engine, if any~, and considering
whether This includes all vehicles for which any part of the vehicle's original manufacturer's
exhaust system, if all)', is modified or removed, or because the vehicle or an)' 'iehicle related
seuFld prodHcillg de'iice is out of repair and all vehicles that are out of repair and any vehicle
related sound producing device that is out of repair. These noises are enforceable by the
Sheriffs Office, but shall not be enforceablea by Code Enforcement officers unless except when
the location of the source of such noise is off road.
(3) Sound Producing Device. These devices include every device designed to
produce, reproduce or amplify sound, whether or not related to a vehicle, such as horn, siren,
whistle, bell, musical instrument, radio, TV, phonograph, speaker, loudspeaker, microphone, or
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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 shall
not be enforceablea by Code Enforcement officers unless e),ceIlt wRen the sound producing
device is off road.
(4) Exceptions; Lawful Business, Profession or Occupation. This sSection does not
apply to any lawful business, profession, or occupation provided any such above-listed class of
flNoise is typically emitted from that type of business, profession or occupation, and at that hour
of the day and day of the week. This sSection applies if such flNoise is either not typical for
such type business, profession or occupation, or is typical but is emitted at a time other then the
normal hours of operation of that specific business, profession or occupation, at that location.
SECTION THIRTEEN:
CONFLICT AND SEVERABILITY.
In the event this Ordinance conflicts with any other ordinance of Collier County or other
applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held
invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a
separate, distinct, and independent provision and such holding shall not affect the validity of the
remaining portion.
SECTION FOURTEEN: INCLUSION IN CODE OF LAWS AND ORDINANCES,
The provisions of this Ordinance shall become and be made a part of the Code of Laws
and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or
re-lettered to accomplish such, and the word "ordinance" may be changed to "section", "article",
or any other appropriate word.
SECTION FIFTEEN:
EFFECTIVE DATE.
This Ordinance shall be effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida this _ day of , 2008.
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,,~)
j" 'J
,_J
ATTEST~", q'l,
DWIq,tfl'''E,BR:~(;j,K, Clerk
~'
~'. '~' .'"~4'l
~~st'..~~ ~~~f1'lAltX ~lerk
.t~,ul~ur,:~nl .
Approved 'aslt~Horm
and ll,;gal sufficiency:
". .
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
IRMAN
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84
STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true and correct
copy of:
ORDINANCE 2008-68
Which was adopted by the Board of County Commissioners
on the 16th day of December, 2008, during Regular Session,
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 31st
day of December, 2008,
DWIGHT E. BROCK
Clerk of Courts~~,~lerk
Ex-officio to aoa.r.Q'.of~..
"i,' ,.< . fl,
County commi~~9~~r~ /;
:'.~:"""...k~'
':_~\ . ,'-. ., ':.,{ ,~"
-. . ,.
,
," .... - .'"
Teresa poiasi-""'. ,/
J7\v.1<". .
Deputy Clerk ..