Ordinance 96-29 ORDINANCE NO. 96-.
AN ORDINANCE AMENDING ORDINANCE NO. 90-
17, AS AMENDED, "THE COLLIER COUNTY NOISE c...
ORDINANCE," BY AMENDING SECTION SIX TCY-
~' REDUCE THE SOUND LEVEL LIMIT WITHIN A~ -""';
JlJN I~G COMMERCIAL OR TOURIST CATEGORY THAT IS~.
RECEWED LOCATED WITHIN 1000 FEET OF A RESIDENTIAL~
Clerk .-,-,
g Board USE OR OCCUPANCY ZONE; PROVIDING FOR: :-
CONFLICT AND SEVERABILITY; PROVIDING FOR E
INCLUSION IN THE CODE OF LAWS AND"'
ORDINANCES; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the Board of County Commissioners has determined that it is in
the best interests of the public's health, safety, and welfare, that the sound level
limits be reduced in a commercial or tourist zoned area within 1000 feet o,f a
residential use zone.
NOW, THEEFOE, BE IT ORDAINlED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: Amendments to Section Six of Collier County
Ordinance No. 90-17, as amended.
Section Six of Collier County Ordinance No. 90-17, as amended, is hereby
amended to read as follows:
SECTION SIX: MAXIMUM PERMISSIBLE SOUND LEVELS.
A. Classification of Use Occupancy. For the purposes of defining "use
occupancy" in the Ordinance, the following classifications shall apply.
l. All premises containing habitually occupied sleeping quarters
shalJ be considered residential use.
2. All premises containing transient commercial sleeping quarters
shall be considered tourist use.
3. All premises containing business 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, schools, libraries and church uses
shall be considered residential uses.
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6. In cases of multiple use, the more restrictive use category shall
prevail.
7. Any area not otherwise classified shall conform to commercial
standards.
B. Maximum Permissible Sound Levels by Use Occupancy. No
person shall operate or cause to be operated any source of sound from any use
occupancy in such a manner as to create a sound level which exceeds the limits set
forth for the use occupancy category in Table I, for a total of more than ten percent
(10%) of any measurement period, which measurement period shall not be less than
sixty (60) seconds 'when measured at or beyond the property boundary of the !and
use from which the sound emanates. If a complaint arises from a multi-story
structure, the sound level meter measurement may be taken at the location from
which the complaint originated. ·
'FABLE I
Use Occupancy Category l~me Sound Level
Limit
(dBA)
Residential 7:00 a.m. to 10:00 p.m. 60
After 10:00 p.m. to 6:59 a.m. 55
Commercial or tourist, within 7:00 a.m. to 10:00 p.m. 6-5 60
1000 feet of residential After 10:00 p.m. to 6:59 a.m. 55
use occupancy or zone
Commercial or tourist 7:00 a.m. to 10:00 p.m. 65
After 10:00 p.m. to 6:59 a.m. 60
Manufacturing or industrial, At all times 75
within 1000 feet of
commercial or tourist use
occupancy or zone
Manufacturing or industrial, 7:00 a.m. to 10:00 p.m. 65
within 1000 feet of Monday through Saturday
residential use occupancy After 10:00 p.m. to 6:59 a.m. 60
or zone and all of Sundays
Agricultural At all times 75
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Words underlined are added; words stmek-thFeugh are deleted.
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C. Correction for Character of Sound.
1. For any source of sound which emits a pure tone, the maximum
sound level limits set forlh in Table I shall be reduced by 5 dBA.
2. For any source of impulsive sound which is of short duration
with an abrupt onset, the maximum sound level limits set forth in
Table I shall be increased by l0 dBA from 7:00 a.m. to I0:00
p.m.
D. Multi-family Dwellings. In the case of multi-family dwelling units, it
shall be unlawful to create or permit to be created any noise that exceeds 50 dBA
during the hours b~tween 7:00 a.m. to 10:00 p.m., or 45 dBA between the hours of
I0:00 p.m. and 7:00 a.m. daily, measured from inside a neighbor's dwelling within
said multi-family dwelling unit.
E. Construction Noise. No person shall operate or permit to be operated
any power driven construction equipment without a muffler or other noise reduction
~evic:e devise at least as effective as that recommended by the manufacturer or
provided as original equipment. Construction equipment that must be operated near
a residenttally zoned area on a 24-hour per day basis (i.e., pumps, well tips,
generators, etc.) shall be shielded by a barrier to reduce the noise during the hours
of 6:00 p.m. to 7:00 a.m. unless the unshielded noise level is less than 55 dBA,
measured at the closest adjacent residenttally zoned property line.
F. Annual Permit for Non-amplified Music From Non-enclosed Areas
Within 1000 Feet of a Residential Use Occupancy or Zone.
I. Any person, business establishment or other entity causing or
allowing to be caused non-amplified music from a non-enclosed
area within a commercial or tourist use occupancy or zone and
within 1000 feet of a residential use occupancy or zone shall
obtain from the County an annual permit in accordance with the
conditions provided in paragraph 3 below.
2. Non-amplified music emanating from a non-enclosed area for
which a permit is required shall not exceed 60 dBA between the
hours of 9:00 a.m. and 10:00 p.m. and shall not exceed 55 dBA
between the hotIts of 10:01 p.m. and 8:59 a.m. measured at or
inside the property boundary of the complainant.
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Words underlined. are added; words struck-through arc deleted.
3. Annual Permit Application and Issuance. An annual permit
shall be obtained for the Community Development Services
Administrator or his designee by all person, business
establishments or other entities prior to causing or allowing to be
caused non-amplified music to emanate from a non-enclosed
area located within a commercial or tourist use occupancy or
zone which is within 1000 feet of a residential use occupancy or
zone.
a. Commencing on November 30, 1993, an annual permit
shall be required. A permit obtained in 1993 shall be
valid for the 1993 calendar year and for the 1994 calendar
year where specified on the permit and permit application.
b. Commencing with the 1994 calendar year, an annual
permit shall be valid only for the calendar year in which it
was obtained.
4. Prior to annual permit issuance, an application shall be filed
containing all of the following information:
a. name and address of applicant;
b. name and address of business or establishment where
music will be produced;
c. description of event for which music will be produced
(e.g. dinner hour, happy hour, daytime or evening or
weekend entertainment).
d. hours during any twenty-four hour period during which
music will be produced.
e. calendar year for which annual permit is requested,
(including both the 1993 calendar year and the 1994
calendar year where the applicant is required to obtain a
permit for 1993 and ! 994).
5. Fee for Annual Permit. A forty dollar ($40.00) fee shall be
paid by the applicant at the time of application for an annual
permit for costs associated with administration and enforcement.
6.Violation of Annual Permit for Non-amplified Music. Any
person, business establishment er other entity who causes or
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Words underlined are added; words stPaek-thre, ugh are deleted.
...mm=m= .mannaam I
allows to be caused non-amplified music to emanate from a non-
enclosed area located within a commercial or tourist use
occupancy or zone which is within ! 000 feet of a residential use
occupancy or zone during the hours of 9:00 a.m. to 10:00 p.m. in
excess of 60 dBA shall be in violation of the annual permit and
of this Ordinance. Any person who causes or allows to be
caused non-amplified music to emanate from a non-enclosed
area within a commercial or tourist use occupancy or zone
within 1000 feet of a residential use occupancy or zone during
'the hours of 10:01 p.m. and 8:59 a.m. in excess 55 dBA shall be
in violation of the annual permit and of this Ordinance. Each
incidence of noise level or time-of-day restriction violations shall
constitute a separate offense. ,
7. Enforcement of ~,nnual Permit. Violations of the annual
permit shall be enforced in accordance with the provisions of
Section Twelve.
SECTION TWO: CONFLICT AND SEVERABILITY.
The provisions of this Ordinance shall be liberally construed to effectively
carry out its purposes in the interest of public health, safety, welfare, and
convenience. If any section, phrase, sentence or portion of this Ordinance is for any
reason 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 portions thereof.
SECTION THREE: INCLUSION IN THE CODE OF LAWS AND
ORDINANCES.
The provisions of this Ordinance shall become and be made a part of the code
of Laws and Ordinances of Collier County, Florida. The sections of the Ordinance
may be renumbered or relettered to accomplish such, and the word "ordinance" may
be changed to "section," "article," or any other appropriate word.
SECTION FOUR: EFFECTIVE DATE.
This Ordinance shall become effective upon filing this Ordinance with the
Department of State.
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Words _underlined are added; words strue!Hhrough are dclctcd,
PASSED AND DULY ADOPTED by the Board of County Commissioners of
Collier County, Florida this // day of ~ ,
1996.
ATTEST:
DWIGHT E. BROCK, BOARD OF COUNTY COMMISSIONERS
· CL. ERK COLLIER COUNTY, FLORIDA
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Approved as to form and
legal sufficiency:
Shirley Jean J ' :Eachera
Assistant County Attorney
This ordlnu,,~6 filed with the
Secretary of State's Office the
/ 7~ay of ,/~'*~
and cckncw~t of that
filing received this.~rz-X-~y
of ~~~.
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Words underlined are added; words stmeh-',hmugh are deleted.
STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth
Judicial Circuit, Collier County, Florida, do hereby certify that the
foregoing is a true copy of:
ORDINANCE NO. 96-29
Which was adopted by the Board of County Commissioners on the 11th day
of June, 1996, during Regular Session.
WITNESS my hand and the official seal of the Board of County
Commissioners of Collier County, Florida, this 12th day of June, 1996.
DWIGHT E. BROCK
Clerk of Courts and Clerk
Ex-officio to Board of" ,, """'
County Commissioners ,"~" ":;"""" '
'..rl
Deputy Clerk. ~,.
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